ABSTRACT
Many different cases related to the removal of Prosopis juliflora, a wild plant species, have been heard by the Madras High Court since 2015, and a series of orders were passed between 2015 and 2017 to remove the plant. This plant is exotic to India and was introduced during colonial times. It has since spread to all parts of Tamil Nadu and is seen as a public nuisance by certain farmers and some environmentalists. In 2017, the court ordered the removal of the plant from land and water from one-third of the state. Judges also designed a scheme to carry out field visits and fixed targets for the lower judiciary to physically enforce the implementation of their orders. The scientific and legal reasoning of the judges for their decision was not clearly stated. This decision affected the price of fuelwood, charcoal and other derivatives from the plant and hence the livelihoods dependent on them. It also affected habitats of certain animals in forest fringes and led to several other disputes. Critical analysis of the case shows that the constitutional court has neither recognized the diverse stakeholders who need to be respectfully heard and understood nor provided opportunities to participate in the legal processes.
