On the occasion of World Environment Day, recently retired Supreme Court Justice Abhay S Oka and sitting Supreme Court Justice Sanjay Karol called out the attacks on activists and the Judiciary for trying to protect the environment.

Speaking at the inaugural ceremony for the Climate Change Conference organised by the Society of Indian Law Firms (SILF) and the Confederation of Indian Industry (CII), Justice Karol drew attention to the annual problem of seasonal air pollution in Delhi and the stink from the pollution in the river Yamuna. Justice Karol also called for cooperation between industry, the judiciary, the government and the people to protect the environment.

“I see that there is no conflict between activism in the Indian judiciary and economic growth, or the development of the economy or otherwise in India. There is no doubt that all of us have to work together to achieve the constitutional goal that is set out in the preamble,” said Justice Karol.

Justice Oka, who was also honoured at the event for his contribution to the development of environmental law in India, praised the activists who fight for the environment, despite the opposition they face.

“What I find from my long experience—20 years as a lawyer and nearly 22 years as a judge of three constitutional courts—is that very few citizens show enthusiasm and courage to take up environmental issues. It is not easy to address environmental concerns, as those who raise these issues rarely get active societal support,” said Justice Oka.

“Often, people seriously addressing environmental issues are branded anti-development, accused of obstructing so-called developmental activities. That is the greatest tragedy of our society.

Those fighting for the environment are fighting for social and economic justice guaranteed under the Constitution. Their ultimate aim is upholding the rights under Article 21. However, those advocating for environmental causes rarely receive societal support. When society doesn’t support them, how can we expect public authorities or the government to support them?” said Oka further.

Justice Oka also said that there is no conflict between development and protection of the environment.

“Someday, we should debate the concept of development itself. Do we necessarily mean construction of huge buildings, roads, and flyovers, or should development mean providing basic amenities to the poor and needy? That is a separate debate altogether,” said Oka.

Justice Karol also called for “grassroots solutions” to environmental issues.

“If you were to see our report card in the last 75 years, or since the 1980s, what is it really we have done? Have we done enough to protect the environment, or not? My view is this: a lot needs to be done, at all levels. And I would borrow an expression that the solution to the problem now is grassroots solutions to an international problem. So, grassroots solutions for global challenges. The way forward, according to me, is that we as individuals have to take up the causes pertaining to the environment,” said Justice Karol.

Delhi High Court Justice Jasmeet Singh also spoke about the need to maintain a balance between development and environmental protection, particularly in light of the economic impact.

“Limited attention is given to environmental care because of the economic challenges it poses. Transitioning to sustainable practices is frequently seen as costly or disruptive, especially in a developing economy like India. There is significant dependence on fossil fuels. This creates a sense of conflict between environmental responsibility and economic growth. But I believe that challenge can be transformed into an opportunity, an instrument of meaningful change,” said Justice Singh.

Senior advocate Lalit Bhasin, President of SILF and Chairman of the CII National Committee on Legal Services, also said that “Sustainability is no longer an optional agenda; it is a core element of national and business competitiveness.”

Meanwhile, at a separate event to mark World Environment Day at the National Green Tribunal (NGT), Chairman NGT Justice Prakash Shrivastava called for “collective action” to protect the environment. Highlighting the urgent need to curb plastic pollution, Justice Shrivastava said that “The National Green Tribunal stands as a sentinel for environmental protection, but our efforts alone are insufficient without the active participation of every citizen.”