environment protection
-
The Oxygen Divide: Why India’s Air Pollution is a Crisis of Inequality | Shivanshu K. Srivastava writes for Virtuosity Legal
Abstract Air pollution in India has transitioned from a seasonal environmental concern into a systemic violation of constitutional equality, where the “right to breathe” is increasingly determined by socio-economic status. While judicial interpretation has long recognised the right to a clean environment under Article 21, a significant jurisprudential gap persists regarding the disparate impact of…
-
The Forest Amendment Act 2023: A Constitutional Challenge to Tribal Rights
Abstract The Forest Conservation Amendment Act, 2023, represents a fundamental shift in India’s forest governance framework, transforming it from a conservation-focused regime to a development-facilitating mechanism that systematically excludes forest-dwelling communities from decision-making processes. This analysis examines how the Amendment’s key provisions—territorial exemptions through arbitrary cut-off dates, blanket permissions for development activities, and expanded administrative…