Former Supreme Court judge Justice Abhay S Oka issued a stark warning on Wednesday, stating that judges who pass “strong orders” on environmental matters are “being targeted,” while activists who bring such issues to court are “ridiculed by the political class” and “targeted by religious groups.”
Speaking at a Supreme Court Bar Association (SCBA) event on clean air and sustainability, Justice Oka lamented the “unfortunate situation” where those working to protect the environment face significant risks and societal backlash.
“In fact, with some sense of responsibility. I’ll say this, that even the judges who have passed strong orders on environmental matters are being targeted,” Justice Oka stated, adding, “There are examples of that.”
He extended his concern to citizen activists, praising their pro bono work. “They take so much effort. They take so much risk by taking the environmental issues to the court. They’re ridiculed by the political class. They’re targeted by religious groups,” he said.
Justice Oka argued that this hostile environment deters citizens from taking legal action. He noted that “very few citizens” show the “enthusiasm and courage” to approach courts on these issues, primarily because “they don’t receive active support of the society at large.”
Instead of support, he said, these individuals are often mislabeled. “Our experience has been that those who take up environmental issues to the court are branded as anti-development and somebody who wants to obstruct their developmental activities,” he explained.
In his speech, Justice Oka also stressed that environmental justice must be separated from popular sentiment. “When the courts deal with environmental matters, they should not be influenced by popular or religious sentiments,” he urged. “I don’t think there is any place for popular or religious sentiments unless there is some practice of religion, which is protected by Article 25 [of the constitution].”
On the topic of firecrackers, he remarked, “Can anyone say that bursting of firecrackers is an essential part of any religion which is protected?”
The former judge also shared a personal anecdote about the scale of the pollution crisis, recounting his flight to the capital earlier that day. “Today I landed in Delhi from Mumbai. I could see the cloud of pollution over Delhi from the top,” he said. He warned that this was not just Delhi’s problem, adding, “Bombay is not far behind… There are other cities which may compete with Delhi in pollution.”
Ultimately, Justice Oka called on the judiciary to lead by example. He emphasized that judges are also citizens bound by the Constitution’s fundamental duty to protect the environment.
“If the framers of the Constitution expect all citizens to perform their fundamental duty, it is all the more necessary for the judges, who are supposed to become role models, to do their fundamental duty,” he concluded. “If judges don’t perform their fundamental duty, who else will do it?”
