The Supreme Court is playing an increasingly significant role in reshaping India’s environmental jurisprudence by moving beyond a human-centred approach and recognising the intrinsic value of nature, Justice B.V. Nagarathna said on Sunday.
Addressing the valedictory session of the International Conference on “The Future of Environment and Climate Dynamics”, organised by the National Green Tribunal (NGT) at Vigyan Bhawan, Justice Nagarathna said environmental law was undergoing an important transition from anthropocentrism to ecocentrism.
She explained that an ecocentric approach does not place human interests above those of the natural world merely because humans are the beneficiaries of environmental resources. Instead, it recognises that humans have obligations towards other forms of life and nature independent of their immediate utility to society.
The conference was attended by President Droupadi Murmu, Union Minister for Housing and Urban Affairs and Power Manohar Lal, NGT Chairperson Justice Prakash Shrivastava, Solicitor General Tushar Mehta and judges from several jurisdictions. The NGT said delegates from 17 countries participated in the conference.
Nature as part of human existence
Reflecting on Indian philosophical traditions, Justice Nagarathna referred to the Panchabhuta, observing that Indian thought has traditionally located human beings within the natural order rather than above it.
Drawing upon teachings from the Guru Granth Sahib, she highlighted the lessons embodied by the elements of nature, associating earth with patience, air with liberty, fire with courage, water with purity and the sky with equality and broad-mindedness.
She cautioned against reducing nature to a mere commodity, resource or item of property, stressing that the natural world is integral to human existence. The environmental crisis, she suggested, is therefore also a crisis in humanity’s relationship with nature.
Five principles underpinning environmental law
Justice Nagarathna identified five key principles that form the foundation of contemporary environmental jurisprudence, describing them as “panchasiddhant”. These include sustainable development, the polluter pays and absolute liability principles, the precautionary principle, the public trust doctrine and intergenerational equity.
These principles, she noted, provide an important framework for environmental governance by requiring decision-makers to account not only for present needs but also for ecological consequences and the rights of future generations.
She also highlighted the distinctive responsibility of courts in environmental matters. Environmental adjudication, she said, requires an element of foresight, with judicial decision-making taking into account the long-term consequences of actions undertaken in the present.
At the same time, she stressed that effective environmental protection cannot rest on judicial intervention alone. Robust institutions, enforcement, transparency, accountability and meaningful access to justice are necessary components of sound environmental governance.
Environmental concerns cross national boundaries
Justice Nagarathna also drew attention to the international dimensions of environmental challenges. Rivers, forests, oceans, atmospheric systems and ecosystems are not confined by national borders, making cooperation between countries essential in addressing climate change and pollution.
She underlined the need for equitable sharing of environmental responsibilities, particularly when ecological harm transcends territorial boundaries.
Concluding her address, Justice Nagarathna outlined what she called “panchasankalp”, or five commitments for environmental leadership. Drawing from the natural elements, she associated these commitments with the stability of earth, adaptability of water, urgency of fire, openness of air and expansiveness of space.
The principles, she said, offer a broader framework for confronting contemporary environmental challenges and reinforce the idea that safeguarding nature is inseparable from securing the future of humanity.
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