The Role of Public Interest Litigation in Environmental Protection

Abstract

This paper examines the pivotal role of Public Interest Litigation (PIL) in environmental protection, emphasizing its significance as a tool for marginalized communities and individuals to assert their rights. PIL serves as a critical mechanism to hold state and non-state actors accountable for violations of environmental rights, facilitating access to justice for those affected by environmental degradation. The study outlines the historical development of PIL, tracing its evolution from traditional adversarial litigation to a more inquisitorial approach, thereby expanding access to justice. It further explores the intrinsic connection between PIL and environmental issues, highlighting case studies that demonstrate its effectiveness in promoting environmental sustainability. Despite its potential, the paper also addresses the challenges and limitations of PIL, including systemic obstacles, socio-political dynamics, and ethical concerns regarding representation and legitimacy. The analysis underscores the need for a holistic understanding of PIL as part of broader advocacy efforts and civil society movements aimed at achieving environmental justice. Ultimately, the paper advocates for enhanced collaboration between legal action and grassroots participation to maximize the impact of PIL in safeguarding the environment.

Keywords - Public interest litigation, environmental protection, access to justice, marginalized communities, legal advocacy, case studies, environmental sustainability, challenges and limitations