摘要：Judicial awakening and activism for protection of the environment in India began formally
after the 1972 Stockholm Conference on Human Environment. The term judicial activism denotes a
process where at one end there are the logically principled rules in the hands of court and at other end
there are demands, desires for expectations of society pressing it to accommodate with the framework
of law. This process of accommodation by court is called the civilization of law and in term is known
as activism. Environmental provisions are introduced in the Constitution of India by its 42nd amendment
in 1974 under Article 48 (A) and 51 (A) (g) as a “fundamental duty” for every state and citizen of India
to protect and improve the natural environment. Several laws pertaining to the protection of the
environment were enacted in India prior to it. There were a number of public laws existed which had
environmental overtones. The Indian Penal Code, 1860 and the Code of Criminal Procedure, 1898
(amended in 1973) dealing with “public nuisance” assume special significance in this regard. The
Environmental Protection Act, (EPA) of 1986 against industrial pollution and the Conservation of
Forest and Natural Ecosystems Act of 1994 to stop deforestation and habitat destruction are, among
others, good pieces of legislation for the protection of the environment in India. Public Interest
Litigation (PIL) to prevent environmental degradation has been increasing in India and the judiciary
has come to rescue the people on a number of occasions. There are several historic judicial decisions
serving both man and environment in India.
关键词：Judicial Awakening. Judicial Activism. Constitution of India. Public Nuisance. PublicInterest Litigation. Man and EnvironmentT
