ABSTRACT

It is now well known that Indian courts are world leaders in developing and applying environmental rights.1 The human right to environmental protection has been recognised in dozens of legal decisions since 1985, and India's robust pattern of public interest litigation in pursuit of environmental rights is probably without rival in the world.2 The superior courts have not only developed a broad set of environmental rights based upon the constitutional right to life, they have also liberalised standing to extend to environmental non-governmental organisations (NGOs) and any person acting in the public interest.3 Perhaps more importantly, the courts have adopted innovative constitutional remedies such as monetary compensation for environmental harm,4 and have been in the forefront of incorporating international environmental standards into domestic law.5