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“Justice Cannot Operate Selectively, Article 21 Must Protect Ecology Too”: Justice Surya Kant

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Justice Surya Kant said Article 21 must also cover ecological preservation essential for life, stressing that justice cannot work selectively. He was speaking at a Kerala conference on human–wildlife conflict.

“Justice Cannot Operate Selectively, Article 21 Must Protect Ecology Too”: Justice Surya Kant
“Justice Cannot Operate Selectively, Article 21 Must Protect Ecology Too”: Justice Surya Kant

New Delhi: Supreme Court Justice Surya Kant on Saturday stressed that Article 21 of the Constitution of India, which protects the right to life and personal liberty, must also be understood as covering environmental protection and ecological balance.

He was speaking at a conference in Thiruvananthapuram, Kerala, on the issue of rising human–wildlife conflict, organized by the National Legal Services Authority (NALSA) and the Kerala State Legal Services Authority (KeLSA). The conference was attended by judges of the Supreme Court and various High Courts.

Justice Kant pointed out that justice should never be applied in a selective or partial way, and must also include ecological concerns.

He said,

“Justice cannot be permitted to operate selectively—neither in its substance nor in its application. Article 21, which enshrines the right to life and personal security, must be understood as extending also to the preservation of ecological conditions essential for the sustenance of that life.”

Explaining further, he underlined that ecological justice means maintaining a balance between human rights and nature conservation.

He said,

“In securing the conditions necessary for wildlife to thrive, we need to simultaneously ensure the safety, stability and well being of human communities.”

Justice Kant also emphasized that human–wildlife conflict is not only about the environment but also about justice, governance, and legal rights for the weaker sections of society.

He said,

“As we move forward, our gaze must remain fixed upon those who continue to suffer as victims of human-wildlife conflict. Since many victims belong to marginalized communities, they are their families are often unaware of the legal rights and entitlements available to them.”

Speaking about the role of the courts, Justice Kant reminded that Indian judiciary has consistently worked to balance development and ecology.

He said,

“The judiciary, most notably through the Green Bench of the Supreme Court, has played a pivotal role in ensuring that the nation’s developmental pursuits do not extract an irreparable price from its flora and fauna.”

The event also marked the launch of three new schemes by NALSA.

The first was the NALSA Scheme on Access to Justice for Victims of Human–Wildlife Conflict (HWC), 2025, which aims to provide free legal aid, awareness programmes, and quick support for families impacted by such conflicts while promoting ecological harmony and coexistence.

The second was the launch of a Compendium on Human–Wildlife Conflict, the first of its kind, which compiles national and state-level policies, guidelines, and key court judgments on the issue.

The third was the introduction of NALSA SPRUHA (Supporting Potential and Resilience of the Unseen, Held-back and Affected) Scheme, 2025, created to assist dependents of prisoners and victims of crime with legal aid, counselling, and reintegration into society.

Justice Surya Kant’s remarks highlight a growing legal understanding that the right to life under Article 21 also includes the right to live in a clean and safe environment.

His speech reflects the urgent need to protect both human rights and ecological stability, ensuring that marginalized communities facing the brunt of human–wildlife conflicts are not left behind.

Click Here to Read Previous Reports on Justice Surya Kant

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