[Judiciary & Climate Change] “States Not Using Huge Funds Allotted By Centre For Afforestation”: Justice BV Nagarathna

Supreme Court judge Justice BV Nagarathna bemoaned that funds supplied by the Centre to States for compensatory afforestation were not being utilised by State governments. The judge highlighted that out of the total Rs 57,325 crores of compensatory afforestation funds received and transferred to States, nearly Rs 38,698 crores remained unutilised. She added that the judiciary must be alive to the legal questions bought about by climate change and must live up to the challenge by creative interpretation of laws.

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NEW DELHI: Supreme Court judge, Justice BV Nagarathna, expressed her concern on Saturday over the substantial funds provided by the Central Government to states for compensatory afforestation that remain largely unspent. Addressing the issue at a recent lecture, Justice Nagarathna underscored the urgency of properly utilizing these funds to address environmental degradation.

Out of the total Rs 57,325 crore received and allocated to states for afforestation efforts, approximately Rs 38,698 crore has not been put to use.

“This indicates that the government is receiving such huge amounts due to diversion of forests. It is possible that many of them may be a result of diversion of pristine evergreen forests which need utmost protection in the present context of climate change. This huge amount of money collected makes me feel as if laws in place to conserve forests are reduced to mere procedures instead of promoting development! I hope this is not true,”

-remarked Justice Nagarathna, emphasizing the critical need for meaningful implementation of forest conservation laws.

Justice Nagarathna highlighted the essential role of afforestation laws, noting they should be enforced in alignment with constitutional duties to safeguard the environment. Speaking at the fourth GL Sanghi Memorial Lecture, held at Maharashtra National Law University in Nagpur, she elaborated on the theme

“Environmental Justice and Climate Change.”

The lecture honored Senior Advocate GL Sanghi, father of Vipin Sanghi, former Delhi High Court judge and Uttarakhand High Court Chief Justice. Justice Nagarathna stressed that all Indian citizens have a fundamental duty to show compassion towards all living beings, reflecting on the broader responsibilities society holds towards nature.

“The language in Article 48A and 51A(g) suggest that citizens have an extra fundamental duty to have compassion for living creatures. We have to understand this requirement through the constitutional schema enshrined in the Preamble to our Constitution. Climate change brings with it several new legal questions and the Court must be alive to such new challenges through creative interpretation of existing laws. Environmental justice should not be seen in isolation. Rather, it must be seen as part of a broader framework of justice,”

-she asserted, underscoring that the judiciary must adapt to the evolving legal landscape shaped by climate change.

Justice Nagarathna reminded that-

“law alone is not enough to protect the environment and deal with climate change.”

She stressed that environmental awareness must begin at the individual level, with each person considering how their actions impact the environment and other beings.

“It begins at the level of the individual as well. We must be mindful of how our actions affect others and our surrounding. It is only when our thoughts are pure that our actions cause minimal suffering to others. That is the essence of the fundamental duty enshrined in Article 51A(g) of the Constitution,”

-she explained.

For Justice Nagarathna, the concept of environmental justice must be integrated into a broader justice framework, where ecological concerns and human rights are addressed together. This vision includes an active effort to dismantle the practice of “othering” nature.

“This process of ‘othering’ is very evident in the use of terms like ‘natural’ disasters. In my opinion, there is nothing ‘natural’ about a disaster. Disasters occur because we have designed our living spaces without regard to their interaction with the environment … Despite humans to blame, we term such disasters as ‘natural’ disasters and shift the blame on nature, thereby ‘othering’ it,”

-she observed, pointing to the frequent urban flooding caused by encroachment on natural water bodies.

Justice Nagarathna’s insights call for an urgent reevaluation of how environmental issues are approached, emphasizing individual responsibility, judicial adaptability, and the need to embrace a justice framework that holistically considers ecological preservation as an inherent aspect of societal welfare.

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