An Analytical Study On The Attitude Of The Judiciary To Protect Environmental Pollution In River ‘Ganga’

Abstract

Rivers and civilisation are like twin sisters. Without each other will not exist. Where there is a river, nearby there ought to be a civilization. There is no doubt that rivers play a vital role in civilization, serving as lifelines for society, culture, and the environment. Among other rivers, Ganga is considered as the sacred most river by Sanatani religion followers. Even after treating Ganga as a Mother Ganga, this sacred river faces severe pollution from industrial, residential, and religious activities which has become a threat to both ecological balance and religious sentiments. Under this circumstance, it is material to analyse the role of judiciary which is the final arbiter of all disputes. Nevertheless, the judiciary cannot close its eyes from this issue but at the same time we need industry, so the role of judiciary should be neutral and bold enough to deal with the industrialists and maintain equilibrium between industry, religion and environment. This study critically examines the judiciary’s attitude toward protecting the Ganga to find out that whether the attitude has been under influence of religion or due to the duty towards environment. Whereas in both the cases there are supporting and dissent viewpoints, but each judicial decision should be for the welfare of public at large. This study uses various doctrines, constitutional provisions and key judgments to analyse the judicial decision-making process. Using a qualitative approach, this research paper assesses the effectiveness of judicial interventions, identifies existing gaps, and suggests areas for policy and legal reform. The findings of this research paper indicate that there is a need for stronger implementation and innovative approaches to sustain river health and ensure the protection of both environmental and cultural values.