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Sahil Dhawan
Feb 19, 20224 min read

Evolving Environmental Activism – A step forward

Updated: Apr 5, 2022

The COVID-19 contagion has put into perspective the impact environmental degradation is having on our species. The world has been brought to its knees by the coronavirus; there might be diverse reasons for the outbreak, but it is undeniable that the damage to the environment is a factor responsible for such a pandemic. The irreversible damage to our planet on the plea of economic growth is a manifestation of our ignorance, resulting in negative consequences and suffering for almost all of Earth’s species.


The United Nations Environment Programme (UNEP) is convinced that the environment has no direct bearing on the pandemic;however, due to climate change, this needs reconsidering.[1] Since the earth is warming up faster, there is large scale movement of animals from warmer climes. This migration turns other species into a potential host to pathogens and repositories for the spread of the disease.[2] The alarming rate at which these animals, who had not previously interacted with each other, have been interacting recently, leads on to infer that one of the factors causing the pandemic is human induced climate change.

The Indian Judiciary has played the role of an environment crusader for decades, guided by the maxim that prevention is better than cure. The right to a safe and healthy environment has been read into the right to life enshrined under Article 21 of the Indian Constitution.[3] In this context, public interest litigation has been the key device for harnessing environment for public good, reinforcing the notion that prevention is better than cure.


While the Judiciary has helped mitigate environmental damages, its intervention has been limited, presumably in order to prevent judicial overreach. Since climate change is an overwhelming threat, the judiciary cannot sleepwalk while taking environment friendly decisions. Recently, the Madhya Pradesh High Court passed an order granting bail to an accused, alleged to have assaulted a minor girl with the intent to outrage her modesty, on the condition that he would have to plant a tree sapling and look after its growth and protection. [4] It further directed the accused to ensure that either a tree guard or a fence is put up to protect the sapling. This conditional form of bail clearly shows that the Judge and the Court are taking active steps towards creating a positive change to protect the environment. The Judge clearly states in the order that human existence is at stake because of environmental degradation.[5] Even though this judgment is not the first of its kind, it seems like a breath of fresh air during a pandemic, as the judiciary is trying to create awareness with regard to the protection of the environment in such unprecedented times.


There have been several such cases where the Judiciary has, while granting conditional bail, found different ways to protect the environment. For instance, in the case of Jitendra Paribar v. State of Madhya Pradesh,[6] the accused was given bail on the condition that he had to install a water harvesting system or a water recharge system within two months of the date of the said order.[7] This was given as a condition since water in the area was depleting by the day and was eventually going to run out, as it came under the zero-day zone.[8] The accused would also have to maintain the said system on a regular basis. This was done to promote the protection of the environment and create large scale public awareness about water conservation. In another case, the bail applicant was strictly directed to plant around ten saplings of trees and to make arrangements for the protection and nurturing of the same as an additional condition for bail.[9] Similarly, in another case,the Madhya Pradesh High Court directed the bail applicant to plant a hundred trees and to nurture them for at least a one year period.[10] Even the Delhi High Court has been active in environmental protection and granted bail to an accused on the condition of planting 50 tree saplings.[11] Furthermore, the Orissa High Court, recently directed an accused, for criminal intimidation and attempt to murder, to plant a hundred saplings as a condition for bail.[12]


We have limited time and resources in our hands to ensure that the damage being done to our only habitable planet can be curbed. This puts a huge burden on the governments and citizens of a country to protect the environment. The due importance being given to our economies and systems of production must be reconsidered. Vast consumerism and exploitation of the environment coupled with pollution is proving to be fatal to the environment, other species and ourselves. The Courts of our country are taking small steps towards creating larger changes. It is a very appropriate way to take small steps though these cases towards promoting environmental protection and awareness, which will also eventually have a much greater impact, and could hopefully lead to a chain reaction for the required changes throughout the globe. The Indian Judiciary at the State level is seen to be taking a clear stance for promoting ecological activism, rather than environmentalism by preventing harm. Therefore, shifting from a passive and preventive institution to a more active and solution-based one.


[1] Six nature facts related to coronaviruses, UNITED NATIONS ENVRIONMENT PROGRAMME., https://www.unenvironment.org/news-and-stories/story/six-nature-facts-related-coronaviruses

[2] Id.

[3] Subhash Kumar v. State of Bihar, (1991) 1 SCC 598.

[4]Tilakraj Rajoriya v. State of Madhya Pradesh, https://www.livelaw.in/pdf_upload/pdf_upload-377071.pdf

[5] Id.

[7] Meera Emmanuel, Tree Plantation, Water Harvesting and more: How Community Service plays into bail orders by MP HC’s Justice Anand Pathak, BAR AND BENCH., https://www.barandbench.com/news/litigation/tree-plantation-water-harvesting-and-more-how-community-service-plays-into-bail-orders-by-mp-hcs-justice-anand-pathak

[8] Id.







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