Advancing environmental justice

Abstract

Development that addresses the needs of marginalized communities in India requires innovative public policies, programmes and institutions. Over the last three decades, India has adopted several such initiatives in an attempt to offset the adverse impacts of rapid industrialization. These measures include the creation of environmental assessment, clearance, enforcement and compliance mechanisms. This chapter analyses and explores these mechanisms and their implications for environmental justice in relation to the approval and operation of the Sterlite Copper smelter in Thoothukudi, Tamil Nadu. The analytical framework encompasses procedural, distributive, recognitional and restorative justice. A qualitative content analysis of legislation, court decisions and media reports reveals significant regulatory and licensing violations by the company and gaps in enforcement and compliance on the part of environmental regulatory agencies. As a result, environmental conditions, community health and livelihood security have steadily deteriorated and people's trust in the state, governance institutions and law have become increasingly fragile. Matters were worsened by inconsistent decisions by the courts and lack of responsiveness on the part of legislators to amend ineffective legislation. The case highlights that fundamental changes are still needed in assessment and clearance processes, procedures, norms and practices in order to make meaningful progress on environmental justice.