Former Supreme Court Judge Abhay S Oka on Thursday said that environmental justice, which was elevated to a higher pedestal by the constitutional courts, included the key aspect of social justice.
"It is my privilege to address this gathering on a very important subject, the environment, which is dear to me. As a judge of the Bombay High Court, Karnataka High Court, and Supreme Court, I was lucky enough to deal with many environmental matters," the former judge said in his address at the Society of Indian Law Firms (SILF) Climate Change Conference and Awards 2025.
He said environmental justice had been elevated to a higher pedestal by the country's constitutional courts.
"When we talk about environmental justice, social justice inevitably comes into the picture. Protection of the environment is not only necessary for preserving natural resources available on planet Earth, but more importantly, it is essential for human beings to lead a healthy, constructive, and meaningful life. If we are not able to preserve our environment and protect it from degradation, we are doing an injustice to society at large," Justice Oka said.
He continued, "That is where social justice comes into the picture. One classic example is Delhi. Every year, from December to February, we are hit by massive air pollution. Most of the people present here today can afford air purifiers at home, but the majority of Delhi's population living in shanties or working on the streets can't afford air purifiers."
The former top court judge said environmental justice must be construed as a part of social justice guaranteed under the Constitution.
"Take, for example, pollution of our rivers or our seas affects the livelihood of the fishing community. Thus, every environmental issue, every degradation, every destruction of the environment has a direct nexus with social justice guaranteed by the Constitution," he said.
Justice Oka pointed out environmental concerns were not just for the privileged or elite, but vital for the disadvantaged as well, and affected every
human being with a direct nexus with social justice.
"Environmental degradation also has a direct nexus with economic justice and the economy of our country. There are numerous cases proving that environmental degradation affects the economy and livelihoods of many poor people. We all know the concepts of sustainable development, public trust doctrine, polluter pays principle, and precautionary principle, evolved by the courts," he said.