ABSTRACT

Green Laws for Better Health: The Past that was and the Future that may be - Reflections from the Indian Experience

By Shubhankar Dam

This article explores the connection between environmental legislation and public health in the Indian context. The author argues that public health may gain from effective environmental legislation, but that the latter is dependent upon a country’s legal infrastructure. She contends that in India the evidence shows that the legislative and executive branches have had a limited willingness to pursue effective environmental legislation; the judiciary, relatively more free from political pressure, has on the other hand advanced environmental protections. While the judiciary’s success has been welcome, the author cautions against a mixing of constitutional roles and argues that a comprehensive approach to environmental legislation and public health can only come with administrative changes. Even the court’s successes have not been without costs and the author highlights the class biases apparent in judicial approaches. Ultimately, the author concludes India requires an integrated approach to pollution and public health that weights concerns for the possible effects on all interest groups.