Use this URL to cite or link to this record in EThOS:
Title: Water pollution in India : environmental rights litigation as a solution
Author: Bhullar, Lovleen
ISNI:       0000 0004 7960 6194
Awarding Body: SOAS University of London
Current Institution: SOAS, University of London
Date of Award: 2018
Availability of Full Text:
Access from EThOS:
Full text unavailable from EThOS. Please try the link below.
Access from Institution:
There is an inverse relationship between water pollution and the enjoyment of the rights to environment sanitation and water and the right of the environment (environmental rights). The Supreme Court of India and high courts (together, the higher judiciary) have emerged as the last (and sometimes first) resort for affected individuals or communities or their representatives to allege non-realisation or violation of these environmental rights. The primary objective of this thesis is to examine the potential and limits of environmental rights litigation as a solution to the problem of water pollution in India. This exercise is based on an assessment of litigation's contribution to the prevention or control of pollution, maintenance or improvement of water quality, and/or remediation of pollution in the form of compensation for victims or damages for environmental degradation. For this purpose, this thesis undertakes a comprehensive analysis of decisions of the higher judiciary in cases relating to water pollution/quality where the litigant(s) relied on one or more of the environmental rights, explicitly or implicitly. It finds that the potential and limits of environmental rights litigation are influenced by the expansive or restrictive determination of the nature, scope and content of the environmental rights and the corresponding duties of the State and non-State actors, the judicial remedies and the operationalisation of coercive remedies and/or monitoring mechanisms to influence their implementation, and the effectiveness of implementation of court decisions. To the literature exploring the transformative potential of socioeconomic rights (SER) litigation, the thesis offers a study focusing on the problem of water pollution. It also reiterates a fundamental limitation of rights litigation as a solution to environmental problems - its inherent (selective) anthropocentrism. Further, it assuages concerns relating to judicial activism and the objections to the judicial enforcement of SER more generally.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral