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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
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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.
QuestionAsks about
Is the river polluted?The environment
Who lives downstream of the outfall?Environmental justice
Was the plant approved?Compliance
Who was in the room when it was approved?Environmental justice
The second question in each pair is the one this course is about. Environmental harm is rarely a technical surprise — it is an allocation, and allocations have authors.
That is also why the field is contested. Naming who bears a harm names who benefits from it, which is a political claim rather than an environmental measurement.
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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.
"Where we live, work, play and pray"Rejects
Home and neighbourhoodEnvironment as wilderness elsewhere
The workplaceOccupational exposure as a separate issue
Public spaceAmenity as a luxury concern
Sacred sitesLand as only economic
The slogan was a definitional argument, not a phrase. By locating the environment where people are, it made pollution in a poor neighbourhood an environmental issue rather than a housing or health one.
It also brought labour and civil-rights organising into a movement that had been dominated by conservation groups, which changed both its membership and its demands.
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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.
Conservation lensJustice lens
ProtectsForests, species, habitatPeople and their access
Sees people asA pressure on naturePart of the ecosystem
Typical remedyExclusion — a protected areaRecognised rights over the commons
RiskConservation displacementUnder-weighting ecological limits
Conservation displacement is the sharp edge of this. Protected areas established by removing forest-dwelling communities produce a conservation gain and an injustice, and both are real.
The two lenses are not opposed in principle. They come apart when a specific decision has to be made about a specific forest, and someone is living in it.
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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.
Environmentalism of the affluentEnvironmentalism of the poor
Wilderness, species, amenityLivelihood, health, survival
A cause you supportA conflict you are in
Post-material valuesMaterial necessity
Advocacy and donationOccupation, blockade, litigation
Guha and Martinez-Alier’s argument was that the South’s environmental movements were being misread as belated imitations of Northern ones, when they were struggles over access to resources people depend on.
It matters practically: a movement fighting a mine is not fighting for a landscape but for a livelihood, and framing it as conservation misrepresents what its participants want.
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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.
FlowGoes to
Cheap power, steel, cementCities and industry
The mine and the overburdenThe mining district
The ash pondVillages beside the plant
The profitShareholders, elsewhere
The compensation, if paidA fraction of those affected
Benefit and harm travel in opposite directions, and the distance between them is the injustice. If the ash pond were beside the beneficiary, the siting decision would be made differently.
That is the practical test for any project: would this be sited here if the people deciding lived here? It is not a legal standard, and it predicts outcomes well.
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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?
Procedural failureHow it appears
Never informedThe first notice is the bulldozer
Informed in a language they do not readNotice published in English in a state gazette
Consulted after the decisionA hearing on a project already cleared
Objections recorded and ignoredMinutes exist; nothing changed
The last row is the most common and the hardest to challenge. A process that documented objections and proceeded anyway satisfies the letter of consultation while delivering none of its purpose.
Test a consultation by asking what it changed. If no proposal in the last several hearings was altered by what was said, the hearing is a procedural formality.
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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
Practitioner blind spotConsequence
Our programme has no footprintIt does — land, water, waste, transport
"Green" is automatically justSolar parks displace pastoralists
Beneficiaries are the affectedThe burdened may be a different group
Averages describe the impactThey conceal the worst-hit
The second row is the one this decade keeps producing. Renewable-energy siting, biofuel plantation and conservation offsets have each generated displacement in the name of climate action.
Ask who bears the harm of your own project, by name and by group, before asking it of anyone else’s. It is a short exercise and it changes designs.
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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.
Warren County, 1982Detail
The wasteSoil contaminated with PCBs
The siteA poor, majority-Black county
The responseWeeks of protest; hundreds arrested
The immediate outcomeThe landfill went ahead
The lasting outcomeA movement, and a research agenda
The protest lost and started a movement, which is the pattern this whole section describes: the campaign that fails locally frequently establishes the frame that wins later.
It also produced the demand for evidence. The question "is this a pattern or a coincidence?" is what led directly to the studies on the next two slides.
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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.
"Environmental racism"The claim
Coined byBenjamin Chavis, 1982
AssertsThe pattern is racial, not incidental
Made testableBy the 1987 report that followed
Contested viaWhich came first — the facility or the community?
Naming it was itself the intervention. Before the term, siting patterns were discussed as land economics; after it, they had to be defended as not being about race.
The chicken-and-egg objection is genuine and partly resolved: studies tracking siting over time find facilities disproportionately placed in already-minority areas, not only the reverse.
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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.
The 1987 findingWhy it mattered
Race was the strongest predictor of sitingStronger than income
Across the whole United StatesNot one county
Published by a church commissionNot an environmental group
Named it environmental racismA claim, not a description
The finding that race predicted siting more strongly than income is what made the term defensible. Without it the pattern could be explained as land price, which is the standard counter-argument.
The methodological debate that followed — whether facilities came first or the communities did — is genuine and unresolved in places, and does not overturn the distributional fact.
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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
Indian antecedentLong predates
Forest access strugglesThe colonial forest settlements
Peasant resistance to enclosureNineteenth century onward
Chipko1973
Bhopal survivors’ movement1984
The vocabulary of "environmental justice"Arrived later, from the US
The struggles are older than the term. Treating environmental justice as an American import misdescribes a South Asian tradition of resource conflict going back to colonial forest law.
The vocabulary is still useful because it names the three dimensions clearly. Borrowing the framework is not the same as borrowing the history.
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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.
Chipko, 1973What it established
Villagers blocked commercial fellingDirect action over forest access
Many participants were womenWho bears fuel and fodder scarcity
Against contractors, not forestsA livelihood claim, not preservation
Led to a felling ban in the regionMovements can change policy
Chipko is widely remembered as a conservation movement and was, in the first instance, a dispute about who may use the forest. Villagers wanted the timber for local use rather than for distant contractors.
That misreading is instructive. A struggle over access gets retold as a struggle for nature, which is precisely the substitution the environmentalism-of-the-poor argument was written against.
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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.
Bhopal, 1984Status
Gas releasedMethyl isocyanate, from the Union Carbide plant
DeathsThousands immediately; many more over years
Survivors affectedHundreds of thousands, across generations
Site remediationContamination persists at the site
CompensationSettled at a figure survivors continue to contest
Bhopal is the reference case for every principle in Section 10. Polluter pays, precaution, corporate liability across borders, the adequacy of compensation — all of them are argued through it.
It is also the reference case for how long these things take. Four decades on, the site has not been fully remediated and litigation over liability has continued.
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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.
Silent ValleyNotable for
The threatA hydroelectric dam on the Kunthipuzha
The coalitionScientists, writers, teachers, the KSSP
The argumentEcological value, in a rainforest of high endemism
The outcomeThe project was dropped; a national park declared
The unusual featureA conservation win, without displacement
Silent Valley is the case in this section where conservation and justice did not conflict, because the forest was largely uninhabited — which is precisely why it was winnable on ecological grounds alone.
It is worth including for contrast. Most of the deck’s cases involve people living where the harm lands, and this one shows how different the politics are when they do not.
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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
Common to all four originsWhich means
Harm concentrated on the marginalisedDistribution is the visible injustice
The decision taken elsewhereProcedure is the underlying one
Resistance was local and led by those affectedNot by outside advocates
Recognition came late, if at allThe struggle was first over being heard
These four features recur in every case in this deck, which is what makes environmental justice a framework rather than a collection of episodes.
The third row is the one practitioners should hold onto: in every case the affected people organised first, and the professionals arrived afterwards.
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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
DimensionThe questionWon by
DistributiveWho bears the harm?Relocating or preventing it
ProceduralWho decided?Consent, consultation, standing
RecognitionWhose claims count?Legal and social status
A struggle can win one and lose the others. Compensation paid without consultation is a distributive win and a procedural defeat, and communities frequently experience it as no win at all.
Naming which dimension a campaign is actually fighting on clarifies the tactics. A recognition problem is not solved by a better compensation package.
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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?
Distributive questionEvidence you would need
Who lives nearest the hazard?Settlement map against the site
Along what social line?Caste, tribe, income, disaggregated
Who receives the benefit?Where the power, metal or cement goes
Was there a less harmful site?The alternatives considered, if any
The last row is the one that turns a distribution into a decision. If a less harmful siting existed and was rejected on cost, the harm was chosen rather than inevitable.
Alternatives analysis is a formal requirement of environmental impact assessment and is routinely perfunctory. It is also the most productive document to obtain under RTI.
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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.
Procedural justice requiresCommonly missing
Information, in time and in languageNotices in English, in a gazette
Genuine consultationA hearing after clearance
The ability to object effectivelyObjections recorded, nothing changed
A route to challengeCost and distance to a tribunal
Consent where the law requires itGram Sabha resolutions manufactured
Procedure is where most environmental struggles are actually won or lost. A project stopped in India is usually stopped on a procedural failure rather than on a finding that the harm was unacceptable.
That is worth knowing tactically. Documenting a defective consultation is more likely to succeed than arguing the merits of the project.
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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.
Recognition failureLooks like
Land called "wasteland"Erasing pastoralists who use it
Sacred sites treated as terrainCompensation offered for the immeasurable
Customary use called encroachmentColonial forest law, still operating
Local knowledge called anecdoteOnly official data counts as evidence
Recognition is the dimension that decides the other two. A community not recognised as having rights is not consulted, and a community not consulted receives the harm — in that order.
"Wasteland" is the single most consequential word in Indian land classification. It is an administrative category that has justified allocating commons to industry and, more recently, to solar parks.
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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.
StepFollows from
Not recognised as rights-holdersLand classification; customary use unrecorded
So not in the decision processNo standing to be consulted
So the harm lands thereLeast resistance
So the suffering is not countedIt happens to people who do not appear in the data
The chain runs from recognition to distribution, not the other way. That is why land-rights recognition — FRA titles, community forest rights — changes environmental outcomes without being environmental policy.
It also explains why the cycle is self-reinforcing: the uncounted harm produces no evidence, and the absence of evidence justifies the next siting decision.
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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
Intergenerational claimContested because
Future people have interestsThey cannot participate in the decision
Depletion transfers cost forwardDiscounting values that cost near zero
Irreversibility is different in kindSome harms cannot be compensated later
Discounting is where this dimension meets economics and loses. A high discount rate makes a harm forty years out almost costless in a cost–benefit appraisal, which is a value choice presented as arithmetic.
Irreversibility is the stronger argument. An aquifer drawn down beyond recharge, or a species lost, is not a delayed cost — it is a foreclosed option, which compensation cannot restore.
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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?
Run the checklist on any projectAsk
DistributionWho gains, who loses, along what social line?
ProcedureCould the affected have changed the decision?
RecognitionWhose claims were treated as claims at all?
IntergenerationalWhat is foreclosed for people not yet here?
A project can pass one and fail the others, which is why they are listed separately. Generous compensation with no consultation is a distributive answer to a procedural wrong.
Use it on your own organisation’s work as well as on the mine. Development projects displace, enclose and pollute too, and rarely get the checklist applied to them.
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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?
Compensation addressesIt cannot address
Measurable asset lossA sacred site
Land valueA livelihood that depended on the commons
StructuresA social network dispersed
A calculated sumNever having been asked
A cheque settles distribution and leaves procedure and recognition untouched, which is why communities frequently reject adequate compensation — and are then described as unreasonable.
It is also why cash compensation for common land systematically undercompensates. What is valued is the plot; what is lost is access to a system of grazing, fuel, fodder and water.
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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.
US movement namesIndian reality is structured by
RaceCaste, tribe and class
RedliningSettlement patterns by caste
ZoningLand classification and "wasteland"
Civil-rights lawFRA, PESA, constitutional protections
Importing the US frame unchanged misdescribes the Indian case. The mechanism here is not primarily zoning but the historical location of settlements by caste and the legal status of forest land.
The structural claim survives translation: harm concentrates where social power is least. What differs is the axis along which power is distributed, and therefore which data you must disaggregate by.
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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.
A sacrifice zone forms whenReinforced by
Land is cheap because people there are poorSiting decisions follow least resistance
Residents lack political weightObjections cost the project nothing
One polluter arrivesOthers follow — the area is already zoned
Health effects appearAttributed to poverty rather than exposure
The third row is the accumulation mechanism. A first plant establishes the classification, the infrastructure and the precedent, and the second faces even less resistance than the first.
Which is why cumulative impact assessment matters and is rarely done. Each clearance assesses one project against a baseline that already includes the last one.
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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.
Manual scavengingPosition
Legal statusProhibited by law
Who does itAlmost entirely people from specific Dalit sub-castes
PersistenceContinues, particularly in sewer and septic-tank cleaning
DeathsRecorded regularly from asphyxiation in sewers
RootCaste, not sanitation technology
The last row is what makes it an environmental-justice case rather than an occupational-safety one. The work is hereditary by caste, which is why mechanisation alone has not ended it.
It is the clearest example in this deck of harm allocated by social identity rather than by geography — and the one where the legal prohibition and the practice diverge most completely.
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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.
Waste pickersReality
WhoLargely Dalit, Muslim, migrant, and women
What they doRecover most of what actually gets recycled
RecognitionRarely counted as workers
ExposureSharps, toxins, heat, no protection
FormalisationOften displaces them rather than including them
The last row is the policy trap. Municipal contracts for waste handling frequently transfer the work to a company and remove the livelihood of the people who were already doing it.
Integration rather than replacement is possible and has been done: registering pickers, giving them access to segregated waste, and contracting them into the system rather than around it.
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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.
When the resource recedesWho absorbs it
The well runs dryWomen walk further for water
The forest recedesWomen walk further for fuel
Biomass is the only fuelWomen breathe the smoke
Crops failWomen eat last and least
The family migratesWomen are often left behind
Environmental degradation converts into unpaid labour, and the labour is gendered. The cost appears in nobody’s accounts because the time is not paid and the illness is not attributed.
This is the argument for time-use data in environmental assessment. Without it, a project that adds an hour a day to every woman’s water collection registers as having no social cost.
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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.
The geographyConsequence
Coal, bauxite and iron ore lie under central IndiaWhere Adivasi homelands are
Those areas are forestedSo forest law governs access
Many are Scheduled AreasSo PESA and FRA apply
They are also the poorest districtsSo the promise of jobs carries weight
The overlap of mineral wealth and Adivasi settlement is the single most important fact in Indian environmental justice. It is why almost every major resistance movement in the deck is in the same belt.
The legal protections exist precisely because of it. Whether they function is Section 6’s subject, and the honest answer is unevenly.
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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
A poor Adivasi woman in a mining district facesWhich is not additive
Displacement riskAs an Adivasi in a mineral belt
Compensation in her husband’s nameAs a woman
Loss of forest accessAs a user of the commons
Water and dust exposureAs a resident
No standing in the hearingAll of the above together
Compensation registered in a man’s name is the specific mechanism by which women lose twice — once from displacement, once from the remedy being paid to someone else.
Disaggregating by one axis at a time misses this. A study reporting outcomes by caste and separately by gender will not find the position of the woman who is at the intersection of both.
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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.
Contributed leastSuffers most
Low-income countriesHighest exposure to heat, flood, cyclone
The poorest within countriesLeast able to adapt or move
Future generationsInherit the accumulated stock
Small island statesFace existential loss
Emissions are a stock, not a flow, which is what gives the claim its force. Warming today is produced by cumulative historical emissions, and those are attributable to specific economies over specific periods.
The counter-argument is about the future rather than the past: whoever emits from here on determines the remaining warming, and that increasingly includes large developing economies.
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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.
CBDR (UNFCCC, 1992)Means
CommonAll states must act
But differentiatedNot equally, and not first
Respective capabilitiesAbility to act counts, not only responsibility
In practiceThe most contested phrase in climate negotiation
CBDR is the legal expression of the climate-justice claim and has been argued over at every conference since. The dispute is about how much differentiation, and for how long.
India’s negotiating position has rested on it consistently, which is why per-capita and cumulative emissions appear in Indian statements where absolute annual emissions appear in others.
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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.
MeasureIndia’s positionWhat it supports
Total annual emissionsAmong the largestPressure on India to act
Per-capita emissionsFar below the rich worldIndia’s case for space
Cumulative historicalA small shareThe strongest justice claim
Emissions per unit of GDPImprovingEfficiency, not equity
All four are true simultaneously, which is why the argument never resolves. Each side selects the measure that supports its position, and neither is misrepresenting the data.
Cumulative emissions carry the most moral weight and the least negotiating force, because they attribute responsibility to states and generations that are not at the table.
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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.
Loss and damageDistinct from
Harm adaptation cannot preventAdaptation — preparing for impacts
Lost land, lives, crops, culturesMitigation — cutting emissions
Compensation for harm already doneAid
Established as a fund at COP27A settled mechanism — it is not
The distinction from adaptation is the whole argument. Adaptation implies a harm that can be managed; loss and damage names harm that cannot, which raises the question of who pays for it.
Developed countries resisted the framing for decades precisely because it implies liability. The fund agreed at COP27 was a major shift and its capitalisation remains far below estimated need.
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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.
Carbon budget questionAnswer implies
Equal per-capita shares from nowLarge space for India; heavy cuts elsewhere
Grandfathering current emissionsLocks in existing inequality
Adjusting for historical emissionsSome countries have already overdrawn
Capability-basedAbility to pay, not just responsibility
The budget is finite, so this is a distributive question with no technical answer. Every allocation rule is a moral position, and the rule chosen determines who must cut and how fast.
Grandfathering is the default in practice, because it requires no agreement. It is also the rule that most favours whoever is currently emitting most.
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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
Adaptation capacityThe poor lack
Financial bufferSavings, insurance, credit
Physical protectionSolid housing, cooling
Occupational choiceOutdoor work in heat
MobilitySomewhere else to go
Political voiceA claim on public adaptation spending
Adaptation spending distributes like everything else in this deck. Sea walls and cooling centres get built where political weight is, and the last row is what determines the first four.
Heat is the clearest current case in South Asia. Outdoor workers bear the exposure, have the least ability to stop work, and are least represented in whichever body decides the heat action plan.
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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.
The commons provideTo whom, most
Fuelwood and fodderHouseholds with no land
GrazingPastoralists with no title
WaterEveryone, but the landless have no well
Non-timber forest produceAdivasi households, seasonally
A fallback in a bad yearThe poorest
The commons matter inversely to wealth, which is why enclosing them is regressive and invisible. The household that loses most has the least documentation of what it lost.
Common-land value is systematically absent from acquisition compensation, because compensation attaches to title. Nobody holds title to grazing land, so its loss is valued at zero.
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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.
Colonial forest law didConsequence that persists
Declared forests state propertyExisting users became trespassers
Created reserved and protected categoriesAccess became a permission
Prioritised timber revenueCommercial extraction over local use
Recorded no customary rightsCenturies of use left undocumented
The last row is why the Forest Rights Act calls itself a recognition Act. It does not grant new rights; it recognises rights the colonial settlement failed to record, which is a different legal claim.
The framing matters in practice. A claim to recognition needs evidence of long use; a claim to a grant needs administrative discretion. The Act deliberately chose the first.
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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
FRA 2006 recognisesStatus
Individual forest rightsWidely recognised where claimed
Community forest rights (CFR)Far fewer recognised than eligible
Right to protect and manageThe most transformative provision
Consent before diversionContested in practice
Community forest rights are the under-implemented half of the Act. Individual titles to cultivated plots are comparatively easy; recognising a community’s right to manage a forest transfers real authority.
That is why it is resisted. A recognised CFR gives the Gram Sabha standing over what happens to that forest, which is exactly what a diversion proposal has to overcome.
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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.
The Gram Sabha under FRAShifts power because
Initiates claimsNot the forest department
Verifies them locallyLocal knowledge is the evidence
Is the full village assemblyNot an elected subset
Its resolution carries weightOn diversion of forest land
Putting verification with the village assembly rather than the forest department was the radical design choice. It made the people who had been treated as encroachers the authority on who had rights.
It is also where implementation is most often defeated — through resolutions passed without quorum, meetings conducted in the absence of objectors, or minutes recorded that participants dispute.
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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.
PESA, 1996Provides
Applies toScheduled Areas
Gram Sabha powersConsultation on acquisition; control over minor minerals and forest produce
PrincipleSelf-rule consistent with customary practice
In practiceState rules vary; several dilute the Act
PESA’s force depends on state rules, and several states framed rules that narrowed it. A central Act devolving power is only as strong as the state notification that operationalises it.
Read PESA and FRA together. PESA gives the Gram Sabha standing in Scheduled Areas generally; FRA gives it standing over forest land specifically, including outside Scheduled Areas.
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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.
Displacement byNotable because
DamsHistorically the largest single cause in India
MinesConcentrated in Adivasi districts
Industry and infrastructureOften on "wasteland" that is commons
Conservation projectsDisplacement in the name of protection
Conservation displacement belongs on this list and is usually left off it. Protected-area creation has displaced communities in India, and the justification being environmental does not change who bore the cost.
Cumulative displacement since independence runs into the tens of millions by most estimates, with wide uncertainty because no single agency has ever counted comprehensively.
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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.
Displacement dataStatus
Total displaced since 1947Estimated in tens of millions; no comprehensive count
Adivasi shareRoughly 8–9% of population; far more of the displaced
The absence of a reliable national count is itself a finding. No agency has been required to maintain one, so the scale of displacement is known through academic estimates rather than administrative record.
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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.
LARR 2013 promisedThe gap
Consent thresholds for private and PPP projectsExemptions and state amendments narrowed them
Social impact assessmentWaived for several project categories
Higher compensation multiplesThe best-implemented provision
Rehabilitation, not just compensationThe least-implemented
Compensation is delivered and rehabilitation is not, which is the pattern across every resettlement law India has had. Cash is administratively simple; livelihoods, land-for-land and community reconstruction are not.
Ask what happened to people displaced by the last project in the district. The answer is generally available locally and almost never in the project documentation.
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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?
The just testAsk
"Public purpose"Whose public — the city, the company, the displaced?
ConsentWas it free, prior and informed, or arranged?
AlternativesWas a less harmful option assessed and rejected?
RehabilitationDelivered, or only promised in the notification?
AfterwardsWhere are the people from the last project?
"Public purpose" is the phrase that does the legal work and receives the least scrutiny. It is what converts a transfer from one private party to another into an acquisition the state may compel.
The last question is the most useful one a practitioner can ask, and it takes a day. The fate of the previously displaced predicts the fate of the next group better than any commitment on paper.
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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.
Pollution burdenFalls on
Ambient airEveryone, unequally — by location and occupation
Household airWomen and young children, from biomass
Water contaminationWhoever has no alternative source
Occupational exposureInformal workers with no protection
Air pollution is now among the largest attributable risk factors for mortality in India by most estimates, and the exposure gradient within a city can be as large as the gradient between cities.
The health cost is systematically under-attributed. A death from cardiovascular disease in a polluted district is recorded as cardiovascular disease, so the burden is visible only in modelled estimates.
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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.
Air qualityPosition
WHO annual PM2.5 guideline5 µg/m³
India’s national standard40 µg/m³
Meeting the national standardStill exceeds the WHO guideline eightfold
The gap between the national standard and the WHO guideline is the point. Compliance with Indian law is not the same as safety, and reporting against the national standard alone conceals that.
Rural exposure is comparable to urban in much of the Indo-Gangetic plain and receives a fraction of the attention, because monitoring stations are urban.
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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.
Two people, same cityDiffer by
Distance from traffic and industryWhere they can afford to live
Cooking fuelLPG or biomass
Time outdoorsOccupation
Ability to filter or leaveIncome
Baseline healthNutrition and prior exposure
City-level averages conceal all five. A single PM2.5 figure for a city describes nobody, and the people at the top of the exposure distribution are the ones with the least ability to reduce it.
This is the argument for monitoring at neighbourhood scale rather than at a few reference stations, and it is what community monitoring in Section 11 is for.
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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.
ContaminantEffectWho is exposed
FluorideFluorosis — skeletal and dental damageDistricts with fluoride-rich groundwater
ArsenicSkin lesions; cancersParts of the Gangetic plain and Bengal delta
Industrial effluentVaried; often untestedDownstream of industrial clusters
Fluoride and arsenic are geogenic — they come from the rock, not from a polluter — which makes them an interesting case: the harm has no author, and the injustice is in who gets an alternative source.
The arsenic crisis in the Bengal delta was worsened by a public-health intervention: tube wells promoted to avoid surface-water pathogens drew from arsenic-bearing aquifers.
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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.
E-waste processingExposure
Burning cable for copperDioxins, heavy metals
Acid baths for gold recoveryAcid burns, fumes, contaminated runoff
Manual dismantlingLead, mercury, cadmium
Done byInformal workers, including children, without protection
India generates a very large volume of e-waste and most is handled informally. The formal recycling sector exists and cannot compete on price with workers who absorb the cost in their own health.
The Extended Producer Responsibility rules were designed to change that. Their effect depends on whether collection actually diverts material into the formal chain rather than generating paper compliance.
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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.
Living beside an industrial clusterMeans
Contaminated groundwaterOften the only water source
Air with mixed, untested effluentsNo single pollutant to regulate
Elevated illnessAttributed to poverty, not exposure
Employment in the same plantsObjecting risks the job
The last row is why industrial-cluster communities are hard to organise. The polluter is also the employer, and the household bearing the exposure often depends on the wage.
It is the same bind as a coal district facing transition, arriving from the other direction — and it is why "just transition" and "environmental justice" are the same argument.
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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.
Stage of the cycleWhat locks it in
Poverty pushes people to cheap landThat land is cheap because it is hazardous
Polluters site thereLeast political resistance
Exposure causes diseaseAnd lost earnings
Lost earnings deepen povertyWhich returns to the first row
The cycle closes, which is why single-point interventions rarely break it. Cleaning one plant without changing siting, tenure or political voice moves the pattern rather than ending it.
The intervention points that do break it are the ones that change standing: recognised land rights, enforceable objection at siting, and data communities can produce themselves.
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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.
Just transition asksBecause
Who loses work?Coal employment is concentrated regionally
What replaces it, and where?New jobs may be elsewhere
Who pays for retraining?Workers cannot fund their own transition
What happens to the land?Mined land needs reclamation
Who decides?Procedure again
The transition is itself a distributive event, which is the whole point of the term. Decarbonisation done badly imposes concentrated losses on people who had least to do with the emissions.
It is also a political precondition. Transitions that strand workers generate opposition that slows the decarbonisation, so the justice case and the effectiveness case point the same way.
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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.
Coal supportsBeyond direct mining jobs
Direct employmentFormal, unionised, relatively secure
Contract labourFar larger; informal; invisible in transition plans
Local transport and servicesA whole district economy
State revenueRoyalties funding public services
Railway freightCross-subsidises passenger fares nationally
Contract labour is the group transition plans miss. Formal miners are counted, organised and compensable; the larger informal workforce around a coalfield appears in no employment register.
The revenue rows matter for state politics. A coal state loses royalty income as well as jobs, which is why transition is resisted at the level of the state government, not only the union.
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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
Done wellDone badly
Retraining funded before closureNotice, then nothing
Land reclaimed and returnedAbandoned voids and overburden
Local say in what comes nextDecided in the capital
Informal workers includedOnly formal employees counted
Sequencing decides which column you get. Retraining announced at closure is too late; the same programme two years earlier is a transition rather than a redundancy.
Reclamation liability should be secured before mining begins, through a bond or escrow. Once the operator has gone, the cost falls on the public and usually is not met.
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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.
Green jobs are not automatically just becauseQuestion
They may be elsewhereSolar is where the sun and the land are
They may need different skillsA miner is not a technician
They may be fewerOperating a solar park is not labour-intensive
They may be worseContract terms are frequently poorer
Job-count comparisons between fossil and renewable sectors conceal all four. Equal numbers nationally can mean total loss in one district and gain in another, with no bridge between them.
Ask where, for whom, on what terms and for how long. A transition assessed only on aggregate employment will report success to people who have lost everything.
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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.
Renewables need landAnd the land
Large solar parksIs often classified "wasteland"
Wind corridorsIs often common grazing land
TransmissionCrosses fields and forest
"Wasteland"Erases pastoralists, herders and commons users
The same administrative category that enabled industrial land acquisition now enables renewable acquisition. "Wasteland" is not an ecological description; it is a statement that no recognised owner objects.
This is the sharpest current test of whether environmental justice is a framework or a slogan. Applying it consistently means scrutinising solar siting exactly as one would scrutinise a mine.
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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.
Energy justice includesNot only
Access for those who have too littleCutting emissions
Reliability, not just connectionA wire to the village
AffordabilityAvailability
Clean cooking fuelElectricity alone
Hundreds of millions still need more energy, not less, and a climate framing that treats all consumption as the problem cannot accommodate that. CBDR exists partly to make room for it.
Clean cooking fuel is the row with the largest immediate health return. Household air pollution from biomass is a leading environmental cause of illness in the region, borne mainly by women and small children.
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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
Just transition principleTest
Plan early, with those affectedWere workers at the table before the decision?
Fund retraining and social protectionIs it budgeted, or aspirational?
Diversify the local economyIs there a plan for the district, not just the workers?
Restore the landWho holds the reclamation liability?
Include informal workersAre they counted at all?
Reclamation liability is the technical point with the largest financial consequence. Where it sits with a company that ceases to exist, the cost transfers to the public and the land stays degraded.
The last row is the one to check first in any Indian transition plan. Formal employment in coal is a fraction of the livelihoods a coalfield supports.
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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
ProtectionWon by
Forest felling bans in the hillsChipko and successors
Silent Valley rainforestA sustained scientific and public campaign
Gram Sabha consent at NiyamgiriThe Dongria Kondh, upheld in court
Resettlement scrutiny by lendersThe Narmada movement
Almost every environmental protection in India was won by a movement rather than granted by policy. That is the honest history, and it shapes where a practitioner should expect change to come from.
It also means the protections are reversible in the way that won concessions usually are — through amendment, exemption and non-enforcement rather than repeal.
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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.
Narmada Bachao AndolanEstablished
AgainstLarge dams on the Narmada, above all Sardar Sarovar
Core claimDisplacement without rehabilitation
Tactic rangeMobilisation, satyagraha, litigation, international advocacy
Notable outcomeThe World Bank withdrew after an independent review
The damWas built
The movement lost the dam and changed the rules. The Morse Committee review and the Bank’s withdrawal reshaped how multilateral lenders assess resettlement, worldwide.
That is the honest way to teach it: as a campaign that failed at its object and succeeded at establishing that displacement is a cost requiring justification rather than a detail.
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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.
NiyamgiriWhat happened
The proposalBauxite mining in hills sacred to the Dongria Kondh
The legal questionWhether religious and cultural rights were affected
The Court’s answerReferred the decision to the Gram Sabhas
The outcomeEvery Gram Sabha consulted rejected the proposal
Niyamgiri is the clearest instance of recognition justice operating through law. The Court treated the community’s religious relationship to the hill as a right with standing, not as sentiment.
It set a precedent for Gram Sabha consent that has been cited widely and applied unevenly. The mechanism exists; whether it is convened, and how, decides the outcome.
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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.
Anti-POSCO, JagatsinghpurDetail
ProposedA large steel plant and captive port
LandBetel vine cultivation on forest and government land
The FRA questionWhether the land was forest land requiring consent
ResistanceYears of village-level blockade
OutcomeThe company withdrew
The betel vine detail is the substance of the case. The land was officially government land supporting a highly productive cultivation, so the compensation logic valued almost none of what was lost.
It is also an FRA case: whether the land was forest land determined whether Gram Sabha consent was required, which is why land classification recurs throughout this deck.
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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.
Coastal fisherfolk resistBecause it destroys
Ports and expansionAccess to the shore and to landing sites
Thermal plantsWarm-water discharge and spawning grounds
ReclamationThe intertidal zone itself
PollutionThe catch, and therefore the livelihood
Fishing communities are among the least visible affected groups in Indian environmental decisions, because the resource they lose is common, mobile and unmeasured — there is no title to a fishery.
Coastal Regulation Zone rules are the main legal instrument, and successive relaxations have narrowed them. The pattern is worth tracking: protection weakened incrementally through amendment rather than repeal.
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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
FrontExample
Anti-nuclearKoodankulam fisherfolk
Anti-miningAcross the central Indian mineral belt
UrbanResidents against landfills and incinerators
CoastalAgainst ports, reclamation, thermal plants
RiverineAgainst dams, sand mining, effluent
These are not one movement and they share a structure: local, led by those directly affected, contesting a decision taken elsewhere, and usually framed by the state as obstruction of development.
Networks between them matter mainly for legal capacity and visibility. The organising itself remains local, which is both the source of its legitimacy and the limit on its scale.
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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.
PIL enablesIts limits
Anyone to petition for those who cannotStanding is broad; capacity is not
Courts to order relief directlyEnforcement of orders is uneven
Environmental rights to be litigatedSlow, and costly to sustain
Attention where politics is closedAntagonises a government you may need
Indian PIL produced landmark environmental jurisprudence and an uneven implementation record. A judgment is a lever rather than a result, and the follow-up litigation usually outlasts the original case.
Use it when the political route is genuinely closed, or to create leverage for negotiation. Filing first, before any engagement, forecloses the cheaper options.
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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.
Environmental defenders faceEspecially when
CriminalisationProtest is framed as obstruction
IntimidationThe opponent is locally powerful
ViolenceAdivasi and rural activists, in remote areas
InvisibilityThe incident is reported as law and order
The risk is borne overwhelmingly by local activists rather than by the organisations supporting them. That asymmetry should shape what tactics an outside organisation proposes.
Weigh the risk with the community, not for them, and be explicit that you can leave and they cannot. It is the same principle as the do-no-harm rule in fieldwork, with higher stakes.
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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.
Polluter paysFails when
Internalises the cost of harmThe polluter is insolvent or dissolved
Applied in Indian jurisprudenceQuantification of harm is disputed
Includes remediation, not just finesRemediation is never actually done
Deters, in principleThe fine is cheaper than compliance
The last row is the common failure. A penalty smaller than the cost of pollution control converts the principle into a licence fee, which is the opposite of deterrence.
Bhopal is the reference case for the second and third rows: liability contested for decades, and the site not fully remediated forty years on.
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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.
Precautionary principleShifts
Where harm may be serious or irreversibleThe threshold for acting
Uncertainty is not a reason to waitThe burden of proof
Onto the proponentTo show the activity is safe
Recognised by Indian courtsAs part of environmental law
The burden shift is the substance. Ordinarily an objector must prove harm; under precaution the proponent must show safety, which changes who bears the cost of scientific uncertainty.
It is contested precisely because it can be invoked against almost anything. The qualifiers — serious, irreversible — are what stop it becoming a veto, and they are where the argument happens.
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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.
Public-trust doctrineMeans
Resources held in trustAir, rivers, forests, seashore
The state is trustee, not ownerIt cannot alienate them freely
Applies against the state itselfNot only against private polluters
Entered Indian law viaThe Kamal Nath judgment (1996)
The doctrine’s force is that it binds the government. Most environmental law regulates private actors; public trust says the state may not hand a river to a private party even if it wishes to.
It is the legal ancestor of the rights-of-nature idea on slide 90, and the more established of the two — already applied in Indian judgments rather than emerging.
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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.
Constitutional basisProvision
Right to a healthy environmentRead into Article 21 — the right to life
Duty of the stateArticle 48A — protect and improve the environment
Duty of citizensArticle 51A(g) — fundamental duty
EnforceabilityArticle 21 is enforceable; 48A and 51A are not directly
Only the first row can be litigated directly, which is why it does all the work. The directive principle and the fundamental duty are interpretive support, not causes of action.
The judicial expansion of Article 21 is what makes Indian environmental litigation possible at all. It is also why outcomes depend heavily on which bench hears the matter.
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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
The NGTFeature
Established2010, by statute
CompositionJudicial and expert members together
JurisdictionEnvironmental cases; can order relief and compensation
AdvantageFaster and more specialised than ordinary courts
ConstraintBenches are few; access from remote districts is hard
Combining judicial and scientific members is the design innovation. Environmental disputes turn on technical questions ordinary benches must take on expert evidence, and the NGT can interrogate it directly.
Access is the practical limit. A community several hundred kilometres from the nearest bench needs legal support to use it at all, which is where practitioner organisations add most.
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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.
EIA is meant toWeakness in practice
Assess impacts before clearancePrepared by consultants the proponent pays
Include a public hearingHeld far away, in the wrong language, late
Consider alternativesOften perfunctory or absent
Assess cumulative impactEach project assessed against a degraded baseline
Be enforceable after clearanceCompliance monitoring is thin
The proponent paying for the assessment is the structural problem, and it is why EIA reports so rarely conclude that a project should not proceed.
The public hearing is nonetheless the formal moment to object, and objections on record are what later litigation is built on. Attend, and get it minuted.
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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?
Rights of natureStatus
The ideaEcosystems as rights-bearing entities with standing
EcuadorIn the constitution since 2008
New ZealandWhanganui River granted legal personhood
IndiaGanga and Yamuna declared legal persons by the Uttarakhand High Court, later stayed
The Indian instance is instructive precisely because it was stayed. The practical objection was liability — if a river is a person, who is sued when it floods, and who answers for it?
It shares its logic with the public-trust doctrine, which is better established. Where rights of nature is emergent, public trust already has judgments behind it.
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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
ToolUse it to
FRA and PESAEstablish Gram Sabha standing over the decision
RTIObtain the clearance file, the alternatives, the minutes
EIA public hearingPut objections on record, formally
NGTChallenge a clearance on procedure or merit
Article 21 PILWhen other routes are closed
RTI is the cheapest and most under-used of the five. Clearance conditions, monitoring reports and hearing minutes are obtainable, and non-compliance with a stated condition is the most winnable challenge.
Sequence them: documents first, objection on record second, tribunal third, constitutional litigation last. Each step builds the record the next one needs.
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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.
Community monitoringDelivers
Low-cost air and water measurementData where official stations are absent
A local record over timeTrend, not a single reading
Standing in a hearingEvidence rather than assertion
Capability that staysAfter the campaign ends
Its value is as much political as technical. A community with its own time-series is arguing from evidence rather than from complaint, which changes how the objection is received.
Anticipate the accuracy challenge. Low-cost sensors are contestable, so pair them with a protocol, co-location against a reference monitor where possible, and honesty about the limits.
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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.
Make the pattern visible byWhich reveals
Mapping sites against settlementWho is nearest
Overlaying caste and incomeThe social gradient
Adding health dataThe exposure–outcome link
Disaggregating everythingWhat the district average conceals
A map is the most persuasive output in this field, because distribution is spatial and a coincidence is much harder to argue when the pattern is visible on a single sheet.
Disaggregation is the whole method. An average district exposure figure describes nobody and is the number that gets reported; the gradient underneath it is the finding.
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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
Practitioner stanceIn practice
Ask who bears the harmIncluding of your own project
Centre the most burdenedNot the average beneficiary
Treat consent as a processNot a signature
Disaggregate every figureBy caste, tribe, gender, distance
Return findings to those affectedIn a form they can use
The first row is the one that changes your own work rather than your analysis of others’. Development projects acquire land, enclose commons and generate waste, and rarely apply the checklist to themselves.
The fourth is the cheapest and most revealing. Most programme data already contains the categories needed; the disaggregation simply is not run.
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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
TrapWhat to look for
"Wasteland" that is really commonsWho grazes, gathers or crosses it
Token hearing dressed as consultationWhat changed after the last one
Cash that erases an uncounted way of lifeWhat the commons provided
Green project, unexaminedApply the same checklist as to a mine
The last trap is the one this decade will keep producing. Solar parks, biofuel plantations and conservation offsets each generate displacement, and the climate justification tends to suspend scrutiny.
Free, prior and informed consent is the standard to aim at, and it is a sequence rather than a signature: before the decision, with full information, and with a real option to refuse.
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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
SourceFor
CPCB and state pollution control boardsAir and water monitoring for your district
Our World in Data; Global Carbon ProjectPer-capita and cumulative emissions
Ministry of Tribal Affairs FRA dataClaims filed, titles granted, by state
NGT judgmentsWhat has actually been ordered
Land records and EIA documentsObtainable under RTI
The FRA data is the most under-used item here. Claims filed against titles granted, by state and by type, shows immediately where community forest rights are being recognised and where they are not.
Pollution board data is patchy and public. Its gaps are informative too: where there is no monitoring station, there is no record, and no record is what makes a sacrifice zone possible.
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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.
ReadFor
Gadgil & Guha, Ecology and EquityThe Indian case, argued historically
Martinez-Alier, The Environmentalism of the PoorThe comparative framework
Guha, Environmentalism: A Global HistoryHow the movements differ North and South
FRA and PESA, primary textWhat the law actually says
CPCB and state board dataYour own district
Read the Acts themselves rather than summaries. Both FRA and PESA are short, and practitioners routinely mis-state what they require — particularly on Gram Sabha consent.
The last row is where the work starts. Pollution board monitoring data for your own district, against a settlement map, is a day’s work and usually shows the pattern this deck describes.
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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