THE INTERSECTION OF ENVIRONMENTAL LAW AND SOCIAL SCIENCE IN INDIA: A RESEARCH-BASED STUDY ON SUSTAINABLE DEVELOPMENT, COMMUNITY RIGHTS, AND LEGAL FRAMEWORKS
DOI:
https://doi.org/10.52152/801322Ključne besede:
Environmental law, Sustainable development, Community rights, Judicial compliance, Environmental governancePovzetek
This study explores the intersection of environmental law and social science in India, with a particular focus on sustainable development, community rights, and legal frameworks. Using a mixed-methods research design, the study integrates doctrinal legal analysis, fieldwork-based interviews, focus groups, compliance statistics, and comparative global perspectives to evaluate how laws are framed, implemented, and experienced. The results reveal that while India has established a strong jurisprudential foundation—through constitutional guarantees, landmark judgments, and progressive statutes—implementation remains inconsistent. Less than one-third of environmental judgments achieve full compliance, and community rights under the Forest Rights Act face significant bureaucratic barriers, with approval rates falling below 40% in many regions. Case studies such as the Chipko Movement highlight the transformative role of grassroots activism, while others, like the Sterlite protest, underscore persistent governance deficits. Litigation has surged since the establishment of the National Green Tribunal, yet pending cases continue to rise, reflecting judicial capacity constraints. Comparative analysis further shows that although India aligns with the Sustainable Development Goals, it lags behind Brazil and South Africa in compliance and community participation. The findings underscore the need to strengthen enforcement mechanisms, institutionalize participatory governance, and embed socio-legal perspectives into environmental policy. Ultimately, the study concludes that achieving sustainable development in India requires not only robust legal frameworks but also inclusive and accountable governance that empowers communities.
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Avtorske pravice (c) 2025 Lex localis - Journal of Local Self-Government

To delo je licencirano pod Creative Commons Priznanje avtorstva-Nekomercialno-Brez predelav 4.0 mednarodno licenco.


