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ImpactMojoEnvironmental Justice 101www.impactmojo.in
ImpactMojo 101 Series · Free Forever
Environmental
Justice
101
Who Bears the Harm, Who Reaps the Benefit — a Foundational Course on Environmental Justice for Practitioners in South Asia
Research-BackedIndia Focus100 SlidesFree Access
ImpactMojoEnvironmental Justice 101www.impactmojo.in
What We Cover
01
What Environmental Justice Is
Slides 3–10
02
Origins of the Movement
Slides 11–19
03
The Three Dimensions
Slides 20–28
04
Who Bears the Burden
Slides 29–38
05
Climate Justice
Slides 39–47
06
Land, Forest & the Commons
Slides 48–57
07
Pollution & Health
Slides 58–65
08
Just Transition
Slides 66–73
09
Movements & Resistance
Slides 74–82
10
Principles & Legal Tools
Slides 83–91
11
EJ in Practice & Reading
Slides 92–99
ImpactMojoEnvironmental Justice 101www.impactmojo.in
01
Section One
What Environmental Justice Is
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Justice is about who bears the harm
Pollution, floods, displacement and toxic waste do not fall evenly. Environmental justice asks who carries the burden of environmental harm and who enjoys the benefits — and insists that the answer should not track caste, class, ethnicity or income.
Environmental justice
The fair distribution of environmental benefits and burdens, and the meaningful inclusion of all communities — regardless of caste, class, race or income — in the decisions that shape their environment.
It is not a question of trees versus people. It is a question of which people live with the pollution, and which live with the parks.
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‘The environment is where we live, work and pray’
The environment is where we live, where we work, where we play and where we pray.
— a defining slogan of the US environmental-justice movement
This reframing was radical. It moved ‘the environment’ from distant wilderness and charismatic wildlife to the everyday surroundings of ordinary people — the slum beside the drain, the fields beside the smelter, the basti downwind of the chimney.
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Conservation is not the same as justice
Conservation lens
Protect forests, rivers, species and habitats. Vital — but can treat people as a threat to be removed from nature.
Justice lens
Asks who depends on those forests and rivers, who is displaced to protect them, and who decides. Centres people and power.
Both matter. But a fortress conservation that evicts Adivasi forest-dwellers to make a tiger reserve can be ecologically sound and deeply unjust at the same time.
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The South has its own environmentalism
Ramachandra Guha and Joan Martinez-Alier described an ‘environmentalism of the poor’: in the Global South, environmental struggles are rarely about leisure or scenery: they are about survival — access to water, forests, fish and clean air on which livelihoods directly depend.
When the river is your drinking water, your irrigation and your fishery, defending it is not a lifestyle choice. It is defending the means of life itself.
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Harms and benefits flow in opposite directions
01
BENEFIT: cheap power, metal, cement for cities & industry
02
HARM: the mine, the ash pond, the smokestack
03
located in: a poor, rural, often Adivasi or Dalit area
04
so: one group profits, another pays in health & land
Environmental justice names this split. The people who consume the most resources are rarely the people who live next to the damage of producing them.
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It is about voice, not just outcomes
Justice is not only about where the harm lands. It is about who got to decide. A community that was never consulted, whose objections were never heard, suffers an injustice even before the first tree is felled.
  • Were affected people informed, in their language, in time?
  • Could they object, and was the objection weighed?
  • Were their knowledge and consent treated as binding?
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Why practitioners need this lens
  • Programmes have environmental footprints — and they land on someone
  • The poorest are most exposed to pollution, heat and disaster
  • ‘Green’ can be unjust — a dam or a solar park can still displace
  • Recognising whose burden it is is the first step to a fairer design
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02
Section Two
Origins of the Movement
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Warren County, North Carolina, 1982
In 1982, the state of North Carolina chose Warren County — a poor, majority-Black county — as the dump site for soil contaminated with toxic PCBs. Residents lay down in the road to block the trucks. Over 500 were arrested.
The protests failed to stop the landfill, but they catalysed a national movement and gave it a name. Warren County is widely remembered as the birthplace of the US environmental-justice movement.
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The term ‘environmental racism’
Civil-rights leader Benjamin Chavis, then head of the United Church of Christ Commission for Racial Justice, coined the term ‘environmental racism’ in the wake of Warren County.
Environmental racism
The disproportionate siting of polluting facilities, waste and environmental hazards in communities of colour — and their systematic exclusion from environmental decision-making.
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A pattern, not a coincidence
A landmark 1987 report, Toxic Wastes and Race in the United States, found that the single strongest predictor of where hazardous-waste facilities were sited was the race of the surrounding community — even after accounting for income.
The finding reframed pollution as a civil-rights issue. Where you were born, and to whom, shaped the air you breathed and the water you drank.
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South Asia did not import this struggle
The vocabulary ‘environmental justice’ travelled from the United States, but the struggles are indigenous and older. India has a deep tradition of communities defending forests, rivers and air — long before the term existed.
01
1730s: Bishnoi sacrifice at Khejarli to save trees
02
1973: Chipko in the Himalaya
03
1980s: Silent Valley, Bhopal, Narmada
04
2000s+: Niyamgiri, anti-POSCO, coastal struggles
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Chipko: hugging the trees, 1973
In 1973, in the Chamoli district of the Garhwal Himalaya, villagers — many of them women — embraced trees to stop contractors from felling them. Chipko (‘to cling’) became a global symbol of grassroots forest defence.
Chipko fused ecology and livelihood: the forests provided fuel, fodder and protection from landslides. Defending the trees was defending the village economy — environmentalism of the poor in action.
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Bhopal: the world's worst industrial disaster
On the night of 2–3 December 1984, methyl isocyanate gas leaked from the Union Carbide pesticide plant in Bhopal. Thousands died within days; many more died and were maimed in the years that followed.
Dec 1984
Union Carbide MIC gas leak, Bhopal
Decades on
contaminated groundwater & unfinished justice for survivors
Bhopal is the textbook case of who bears industrial risk: the densely populated, poor settlements pressed up against the plant gates.
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Silent Valley: a forest saved, 1970s–80s
A proposed hydroelectric dam on the Kunthipuzha river threatened to drown the Silent Valley rainforest in Kerala. A sustained campaign by scientists, poets and citizens led the government to abandon the project and declare a national park in 1984.
Silent Valley showed that development and ecology could be weighed against each other in public — and that a movement could win.
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What these origins share
  • The harm is concentrated on the poor and the marginalised
  • The decision was taken elsewhere — by the state or industry, not the affected
  • Resistance is local and embodied — bodies on the road, arms around trees
  • Livelihood and ecology are inseparable in the struggle
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03
Section Three
The Three Dimensions
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Justice has three faces
Scholars of environmental justice distinguish three dimensions. A struggle can win on one and still fail on the others — so it helps to name them separately.
Distributivewho gets harmProceduralwho decidesRecognitionwho counts
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Distributive justice: who gets the harm
Distributive justice
The fair allocation of environmental goods (clean air, green space, safe water) and bads (pollution, waste, risk) across people and places.
This is the most visible dimension — the dump in the Dalit hamlet, the refinery beside the fishing village, the park in the gated colony. It asks: is the burden shared fairly?
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Procedural justice: who gets to decide
Procedural justice
Fair, inclusive and transparent processes for environmental decisions — access to information, genuine consultation, and the power to influence the outcome.
A public hearing held in English, in a distant town, on short notice, in technical jargon, is a procedural injustice — the form of participation without its substance.
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Recognition justice: who even counts
Recognition justice
Respect for the identity, knowledge, culture and rights of affected communities — refusing to treat them as invisible, ignorant or expendable.
Before a community can be fairly heard (procedure) or fairly treated (distribution), it must first be recognised as a community with standing, knowledge and rights. Adivasi and Dalit communities are often denied this at the outset.
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The three reinforce one another
01
Not recognised as rights-holders
02
so excluded from the decision process
03
so the harm is dumped on them
04
and their suffering stays invisible
Misrecognition feeds exclusion, which feeds maldistribution. Fixing one without the others rarely holds. A relocation package (distribution) cannot repair a process that treated people as obstacles.
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Intergenerational justice
Intergenerational justice
Fairness across time — not bequeathing exhausted soils, poisoned aquifers, deforested hills and a destabilised climate to those not yet born.
We do not inherit the earth from our ancestors; we borrow it from our children.
— a proverb widely invoked in environmental thought
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Use the dimensions as a checklist
  • Distribution: who gains, who loses, and along what social line?
  • Procedure: were the affected genuinely able to shape the decision?
  • Recognition: are their rights, knowledge and identity respected?
  • Future: what does this leave for the next generation?
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Compensation is not the same as justice
A cheque can address distribution while leaving procedure and recognition untouched. People who were never consulted, whose sacred land was treated as empty, are not made whole by money alone.
Ask of any ‘rehabilitation package’: does it restore voice and dignity, or does it merely price the loss?
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04
Section Four
Who Bears the Burden
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In India, environmental harm runs along caste and tribe
Where the US movement names race, the Indian reality is structured by caste, class and tribe. Dalit and Adivasi communities are disproportionately exposed to polluted land, hazardous work and displacement — a pattern some scholars call environmental casteism.
The dirtiest, most dangerous environmental work in India — sanitation, tanning, waste, mining — is overwhelmingly done by those at the bottom of the caste order.
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Exposure tracks social group
Share living near a polluting site or hazard, by social group (ILLUSTRATIVE)
Illustrative pattern — not an official statistic
The exact numbers here are illustrative. But the direction — that marginalised groups live closer to hazards — is consistently documented across Indian environmental-justice research.
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‘Sacrifice zones’
Sacrifice zone
A place — and the people in it — treated as expendable for the sake of industry or growth: saturated with pollution, mining or waste because its residents are deemed to lack the power to refuse.
India has its sacrifice zones: the thermal-power and coal-ash belt of Singrauli; the industrial clusters of Vapi and Ankleshwar; tanneries along stretches of riverbank. The air and water of the few are spent for the convenience of the many.
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Manual scavenging: caste and the most degrading work
Manual scavenging — the manual cleaning of human excreta from dry latrines, sewers and septic tanks — is banned by law (the 2013 Act), yet persists. It is done almost entirely by Dalit communities, and workers still die from toxic gases in sewers and tanks.
This is environmental injustice at its most naked: a hazard assigned by birth, where caste, sanitation and lethal exposure are fused into a single occupation.
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Waste pickers: the informal backbone of recycling
Millions of waste pickers — largely Dalit, Muslim, migrant and women — sort and recover the recyclables that keep Indian cities from drowning in their own waste. They handle the toxic without protection and are rarely counted as workers.
The service
They divert vast tonnage from landfills, cut emissions and supply the recycling economy — an unpaid public good.
The cost
Cuts, infections, respiratory disease, stigma — and displacement when cities privatise waste into machines and contracts.
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Women carry the household's environmental load
When the well runs dry or the forest recedes, it is most often women who walk further for water and fuel, who breathe the smoke of a biomass chulha, and who manage scarcity in the home.
Environmental degradation is not gender-neutral. The same drought, deforestation or pollution lands hardest on those already doing the most unpaid care and provisioning work.
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Resources lie under Adivasi homelands
A cruel geography: much of India's coal, bauxite and iron ore sits beneath the forests of central and eastern India — the homelands of Adivasi (Scheduled Tribe) communities. Extraction repeatedly means their displacement.
Adivasis are a minority of India's population but a large share of those displaced by mines, dams and industry. The mineral wealth is theirs by geography and the loss is theirs by power.
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Who lives near the hazard?
Composition of settlements adjacent to polluting sites (ILLUSTRATIVE)
Illustrative pattern — not an official statistic
Illustrative shares — but the well-documented reality is that marginalised groups are over-represented in the settlements pressed up against pollution, while their share of the benefit is small.
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Burdens stack, they do not simply add
  • A poor Adivasi woman in a mining district faces several injustices at once
  • Caste, class, gender and indigeneity compound, not merely coexist
  • Policy that addresses only one axis leaves the rest in place
  • Centring the most-burdened is the surest test of a just intervention
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05
Section Five
Climate Justice
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Those who caused least, suffer most
Climate justice extends environmental justice to the planet. The countries and classes that contributed least to greenhouse gases — the poor of the Global South — face the harshest floods, heatwaves, cyclones and crop failures.
India is among the most climate-vulnerable large countries, yet its historical contribution to the problem is small. That gap between cause and consequence is the heart of climate justice.
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Common but differentiated responsibilities
CBDR
Common But Differentiated Responsibilities — a principle of the UN Framework Convention on Climate Change (UNFCCC, 1992): all states must act, but those who emitted more historically, and can do more, must do more.
CBDR is the legal expression of climate fairness: equal duty to act, unequal share of the burden — weighted by history and capacity.
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Per-capita emissions: India sits far below the rich world
Per-capita CO₂ emissions, tonnes per person per year (approximate)
Pattern per Global Carbon Project / Our World in Data; figures approximate
India's per-capita emissions are roughly a third of the world average and a fraction of the US figure — a well-established fact. Per-capita framing tells a very different story from totals.
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Total vs per-capita: both are true
By total
India is among the largest annual emitters in absolute terms — because it has 1.4 billion people. The total is large.
Per person
Per Indian, emissions are far below the global-North average. The average citizen's footprint is small.
Both statements are correct. Which one you lead with is a justice choice — it decides who is asked to cut, and by how much.
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Historical vs current emissions
Share of cumulative historical CO₂ emissions (approximate, illustrative split)
Illustrative, patterned on cumulative-emissions estimates
Carbon dioxide lingers for centuries, so cumulative emissions matter. The industrialised North holds the largest historical share while India's cumulative share is small relative to its population.
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Loss and damage: paying for harm already done
Loss and damage
The unavoidable harm from climate change that adaptation cannot prevent — lost lives, lands, crops and cultures — and the claim that those who caused it should help bear the cost.
After decades of demands from vulnerable nations, a Loss and Damage Fund was agreed at the UN climate talks (COP27, 2022; operationalised at COP28, 2023) — a hard-won recognition that some harm is already irreversible.
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A shrinking budget, an unequal claim
Holding warming to safe limits leaves only a finite carbon budget of remaining emissions. The justice question: should that budget be split by current emissions, by population, or by historical responsibility?
An equal per-capita claim would grant developing countries far more of the remaining budget than current shares allow — which is exactly why the framing is contested.
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Adaptation is a justice issue too
  • The poor have the least capacity to adapt — no insurance, savings or air-conditioning
  • Heat, floods and cyclones hit informal homes and outdoor workers hardest
  • Adaptation finance is scarce and slow to reach frontline communities
  • Just adaptation means resourcing those least responsible to cope
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06
Section Six
Land, Forest & the Commons
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Forests, grazing land and water are shared wealth
The commons
Resources held and used collectively — village forests, grazing land, ponds, rivers, fisheries — on which the poorest most depend for fuel, fodder, food and water.
When commons are privatised, enclosed or degraded, it is the landless and forest-dependent who lose a safety net that never appeared on any balance sheet.
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Colonial forest law made dwellers into trespassers
Colonial-era forest laws declared vast forests state property and recast the communities who had lived in them for generations as encroachers. Independence did not immediately undo this; forest-dwellers remained legally insecure for decades.
Recognising this ‘historical injustice’ is the explicit purpose of India's Forest Rights Act — the law names the wrong it seeks to repair.
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The Forest Rights Act, 2006
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 — the FRA — recognises the rights of Adivasis and other forest-dwellers to live in, use and govern the forests they have long depended on.
Individual rights
to cultivate & hold forest land one occupies
Community rights
incl. Community Forest Resource rights to manage the forest
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FRA puts the village assembly in charge
A radical feature of the FRA: the Gram Sabha — the full village assembly — is the authority that initiates and verifies claims. It shifts power over the forest from the forest department toward the community itself.
This is recognition justice written into statute — though in practice implementation is uneven, and Community Forest Resource rights remain under-recognised in many states.
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PESA, 1996: self-rule in Scheduled Areas
The Panchayats (Extension to Scheduled Areas) Act, 1996 — PESA — extends local self-government to tribal Scheduled Areas and empowers the Gram Sabha to safeguard community resources, customs and, crucially, to be consulted before land acquisition and mining.
Together, PESA and the FRA give the Gram Sabha real legal standing over land and forest — the procedural and recognition tools that the Niyamgiri verdict would later put to the test.
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Development-induced displacement
Development-induced displacement
The forced uprooting of people to make way for dams, mines, highways, industry or conservation projects — in the name of a public good they may never share in.
Since 1947, tens of millions of Indians have been displaced by development projects, with Adivasis vastly over-represented. A majority were never adequately resettled — displacement without rehabilitation.
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Adivasis are over-represented among the displaced
Adivasi share: of population vs of those displaced by projects (ILLUSTRATIVE)
Illustrative, patterned on displacement-studies estimates
Adivasis are about 8.6% of India's population (Census 2011) yet, by widely cited estimates, a far larger share of those displaced by dams, mines and industry. The exact displaced-share is illustrative; the over-representation is well-documented.
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Resettlement and rehabilitation — promised, often unmet
The LARR Act, 2013 (Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement) promised consent, social-impact assessment and rehabilitation — raising the legal bar for acquiring land.
But cash compensation cannot replace a commons, a community or a way of life. Rehabilitation that ignores livelihood and belonging leaves people ‘compensated’ yet destitute.
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Who decides what counts as ‘public purpose’?
  • A ‘public purpose’ for whom — the city, the company, or the displaced?
  • Was free, prior and informed consent genuinely obtained?
  • Does rehabilitation restore livelihood, not just housing?
  • Are the commons and intangible losses counted at all?
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07
Section Seven
Pollution & Health
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Pollution is a leading cause of premature death
Pollution — of air, water and soil — is among the largest environmental causes of disease and premature death in India. And the burden, as ever, falls hardest on the poor, who cannot move away from it.
Environmental burden of disease
The share of illness, disability and death attributable to environmental hazards such as polluted air, unsafe water and toxic exposure — much of it preventable.
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India's air-quality crisis
Typical annual PM2.5 vs WHO guideline, µg/m³ (approximate)
Pattern per WHO / IQAir city data; figures approximate
Many Indian cities run many times above the WHO annual PM2.5 guideline of 5 µg/m³ — a well-established fact. The figures here are approximate, but the scale of exceedance is real.
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Even the air is unequal
Two people in the same city do not breathe the same air. The poor live closer to traffic, industry and waste-burning; cook with biomass; and work outdoors. The well-off retreat behind purifiers and air-conditioning.
Indoor air pollution from solid cooking fuels — borne mostly by women and children in poorer homes — is itself a major, and deeply unequal, killer.
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Water contamination: fluoride and arsenic
Fluoride
Excess fluoride in groundwater across many districts causes fluorosis — mottled teeth, bent bones, crippling pain.
Arsenic
Arsenic in groundwater — notably across the Ganga–Brahmaputra plains — causes skin lesions and cancers over years of exposure.
These are geogenic contaminants, but the injustice is social: who has a safe alternative source, and who must keep drinking what the handpump gives.
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E-waste: dismantling the digital age by hand
India is among the largest generators of electronic waste, and most of it is processed in the informal sector — burned, acid-bathed and dismantled by hand in dense urban clusters, releasing lead, mercury and dioxins.
The workers, often including children, absorb the toxics so that the value can be recovered. The convenience of the connected becomes the poison of the informal recycler.
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Living in the shadow of the plant
Communities ringed by chemical and industrial estates — in Gujarat, Tamil Nadu, Andhra Pradesh and beyond — live with contaminated groundwater, effluent in fields, and elevated rates of respiratory and skin disease.
The Sterlite copper smelter in Thoothukudi (Tuticorin) became a flashpoint: years of complaints about pollution, then a 2018 protest in which police firing killed multiple residents.
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Pollution, poverty and powerlessness
01
Poverty pushes people to cheap, hazardous land
02
Polluters site there — least resistance
03
Exposure causes disease & lost earnings
04
which deepens the poverty that started it
Pollution is not just a health problem laid on top of poverty — it is a mechanism that produces and entrenches poverty.
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08
Section Eight
Just Transition
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Decarbonise — without abandoning workers
Just transition
Moving an economy off fossil fuels and toward sustainability in a way that protects the workers and communities who depend on the old economy — so the burden of change is shared fairly.
The slogan: leave no one behind. A climate solution that throws coal workers into destitution simply trades one injustice for another.
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India's coal economy is a regional lifeline
Coal anchors the economies of states like Jharkhand, Chhattisgarh, Odisha and West Bengal — supporting millions of jobs directly and indirectly, plus the local trade, transport and revenue built around them.
These are also among India's poorer, more Adivasi regions. A transition planned without them risks repeating the original extractive injustice in reverse.
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The transition has its own distribution question
If done well
  • Retraining and new livelihoods
  • Reclaimed land for the community
  • Local say in what comes next
If done badly
  • Stranded workers, ghost towns
  • Abandoned, unhealed mine land
  • Decisions taken far away, again
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Green jobs are not automatic justice
Renewable energy creates jobs — in manufacturing, installation and maintenance. But the new jobs may be in different places, demand different skills, and go to different people than the coal jobs they replace.
‘Green’ does not guarantee ‘fair’. A solar park can still grab common land, and a green supply chain can still rest on exploited mining. Justice has to be designed in.
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Renewables need land — and land has people
Large solar and wind parks require vast areas, often classified as ‘wasteland’ — a label that erases the pastoralists, herders and commons-users who actually depend on that land.
There is no such thing as empty land. A just transition must apply the same consent and commons-protection standards to renewables that we demand of mines and dams.
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Justice means energy for the poor too
Climate justice is not only about cutting emissions. Hundreds of millions still need more clean, reliable energy to escape poverty — for light, cooking, irrigation and small enterprise.
Decentralised renewables — rooftop solar, mini-grids — can deliver both: lower emissions and energy access, owned closer to the community.
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Principles for a just transition
  • Plan early, with affected workers and communities at the table
  • Fund retraining, social protection and land restoration
  • Diversify local economies before the mines close, not after
  • Restore degraded land and water as part of the transition
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09
Section Nine
Movements & Resistance
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Most environmental gains were won, not granted
Behind almost every environmental protection in India stands a movement — villagers, fishers, forest-dwellers and their allies who refused to be sacrificed. Understanding EJ means understanding resistance.
The fight is not against development; it is about whose development, and at whose cost.
— a recurring theme of Indian environmental movements
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Narmada Bachao Andolan
The Narmada Bachao Andolan (Save the Narmada Movement), led from the 1980s by activists including Medha Patkar, challenged the large dams on the Narmada — above all the Sardar Sarovar — over the displacement of hundreds of thousands, mostly Adivasi and farming families.
It reshaped the global debate on big dams and forced rehabilitation onto the national agenda — a defining struggle over development, displacement and rights.
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Niyamgiri: the Dongria Kondh say no
When a company sought to mine bauxite from the Niyamgiri hills in Odisha — sacred to the Dongria Kondh Adivasi community — the Supreme Court ruled in 2013 that the Gram Sabhas should decide. Every village voted no.
Niyamgiri became a landmark for recognition and procedural justice: the law treated the community's relationship to a sacred mountain, and its right to refuse, as decisive.
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Anti-POSCO: farmers hold the line in Odisha
For years, villagers in Jagatsinghpur, Odisha resisted a massive proposed POSCO steel plant and captive port that would have taken their betel-vine farms, forests and fishing grounds. The project was eventually abandoned.
Their resistance leaned on the Forest Rights Act and the Gram Sabha — showing how legal recognition becomes a shield in the hands of an organised community.
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Fisherfolk: defending the coast and the catch
Coastal fishing communities — among India's poorest — resist ports, power plants, reclamation and pollution that destroy spawning grounds and block access to the sea. From the Kerala coast to Mumbai's Koli villages, the sea is both home and workplace.
Coastal regulation that fails to protect traditional fishers' access is environmental injustice at the waterline — the commons of the sea enclosed for industry and real estate.
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A movement of movements
  • Anti-nuclear: Koodankulam fisherfolk against a power plant
  • Anti-mining: communities across the central Indian mineral belt
  • Urban: citizens against waste dumps, felling and toxic estates
  • River & wetland: defenders of lakes, rivers and floodplains
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Public Interest Litigation as a tool
Public Interest Litigation (PIL)
A petition that lets any public-spirited person approach the courts on behalf of those unable to do so themselves — widening access to environmental justice in India.
PILs have driven major environmental rulings — from cleaning the Ganga to relocating polluting industries and mandating CNG for Delhi's public transport. The courts became an arena where the unheard could be heard.
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Defending the environment can be dangerous
Environmental defenders — especially Adivasi and rural activists — face intimidation, criminalisation and violence. The Thoothukudi firing and attacks on land and forest activists are stark reminders.
Recognising and protecting environmental defenders is itself a test of justice: a society that punishes those who protect the commons has its priorities inverted.
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10
Section Ten
Principles & Legal Tools
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The polluter-pays principle
Polluter-pays principle
Those who cause pollution should bear the cost of preventing, controlling and remedying it — rather than passing it to the public or to victims.
Indian courts have repeatedly affirmed this principle, ordering polluting industries to fund clean-up and compensate affected communities — making the cost of harm sit with its cause.
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The precautionary principle
Precautionary principle
Where an activity threatens serious or irreversible harm, lack of full scientific certainty should not be used to postpone protective measures. Absence of proof of harm is not proof of safety.
It shifts the burden: the developer must show an activity is safe, rather than the community proving it is dangerous — often after the damage is already done.
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The public-trust doctrine
Public-trust doctrine
Natural resources such as air, rivers, forests and seashores are held by the state in trust for the public — they cannot be freely handed to private interests against the common good.
Indian courts adopted this doctrine to protect rivers, beaches and forests, treating the government as a trustee accountable to the people — not an owner free to sell the commons.
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A right to a healthy environment
Indian courts have read the right to life (Article 21) to include the right to a clean and healthy environment — alongside constitutional duties on the state (Article 48A) and on citizens (Article 51A(g)) to protect nature.
This constitutional anchor is what lets ordinary people bring environmental claims as fundamental-rights cases — the legal soil in which PILs grow.
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The National Green Tribunal, 2010
The National Green Tribunal, established by statute in 2010, is a specialised court for environmental cases. It combines legal and scientific expertise and is designed to deliver speedier, more accessible environmental justice.
2010
NGT Act establishes the Tribunal
Polluter-pays
& precaution are written into its mandate
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Environmental Impact Assessment
Environmental Impact Assessment (EIA)
A mandatory study of a project's likely environmental and social effects before clearance — meant to include a public hearing for affected communities.
On paper the EIA is a tool of procedural justice. In practice it is often criticised for weak studies, token hearings and post-facto clearances — the form of participation drained of its power.
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Rights of nature
Rights of nature
The emerging legal idea that rivers, forests and ecosystems are themselves rights-bearing entities — with legal standing — rather than mere property to be used.
Courts in Uttarakhand once declared the Ganga and Yamuna ‘living entities’ (a ruling later stayed), echoing moves in Ecuador and New Zealand. The frontier question: can a river sue on its own behalf?
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A practitioner's legal toolkit
  • FRA & PESA — community rights and Gram Sabha consent
  • RTI — prise out the documents that decisions hide
  • EIA hearings — the formal moment to object on record
  • NGT & PILs — the courts when other doors close
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11
Section Eleven
EJ in Practice & Reading
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Community-led environmental monitoring
Communities need not wait for official data. With low-cost air and water monitors, smartphones and simple protocols, residents can document pollution themselves — community science that makes the invisible visible and credible.
Data gathered by the affected, in their own name, shifts power: it turns ‘we feel sick’ into evidence that regulators and courts cannot easily dismiss.
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Make the pattern visible
  • Map polluting sites against caste, income and settlement
  • Overlay health data to reveal exposure gradients
  • Disaggregate — an average hides who is hit hardest
  • Share findings back with the community, in their language
What you do not disaggregate, you cannot see. Environmental injustice becomes undeniable only when the map and the social data are laid side by side.
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How to work justly with the environment
  • Ask who bears the harm of every project — including your own
  • Centre the most-burdened, not the average beneficiary
  • Treat consent as binding, not as a box to tick
  • Respect local knowledge as evidence, not anecdote
  • Give data back to those it was taken from
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Traps to avoid
Watch for
  • ‘Wasteland’ that is really someone's commons
  • Token hearings dressed as consultation
  • Cash that erases an uncounted way of life
Aim for
  • Free, prior and informed consent
  • Restoration of livelihood, not just housing
  • Decisions made with, not for
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Data and organisations to know
  • Central / State Pollution Control Boards — air and water monitoring data
  • Our World in Data & the Global Carbon Project — emissions comparisons
  • The Environmental Justice Atlas (EJAtlas) — a global map of EJ conflicts
  • India's environmental research & legal groups — CSE, the NGT's orders, and academic studies
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A short, honest reading list
  • Ecology and Equity — Madhav Gadgil & Ramachandra Guha
  • The Environmentalism of the Poor — Joan Martinez-Alier
  • Environmentalism: A Global History — Ramachandra Guha
  • This Fissured Land — Gadgil & Guha (India's ecological history)
  • Reports of the EJAtlas and India's environmental-justice scholars
Pair this deck with ImpactMojo's Climate & Development, Land Rights and Adivasi Rights 101 courses.
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If you remember five things
  • Environmental harm is not shared fairly — it tracks caste, class and power
  • Justice has three faces — distribution, procedure and recognition
  • Those who caused least, suffer most — the core of climate justice
  • Law is a tool, not a guarantee — FRA, PESA, NGT, PILs in the right hands
  • There is no empty land — behind every ‘site’ are people
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Environmental Justice 101 · Complete
Ask who bears
the harm.
CC BY-NC-ND 4.0·Free Forever·ImpactMojo 101 Series