Justice BV Nagarathna delivered the 4th Justice SB Sinha Foundation Lecture at Ranchi. File. | Photo credit: K BHAGYA PRAKASH
Supreme Court judge Justice BV Nagarathna on Saturday (March 28, 2026) highlighted the pressure on fragile ecosystems caused by unchecked tourism and said governments must refrain from approving wildlife safaris in forest reserves and make critical habitats absolute no-go zones.
“There is a need to seriously consider declaring certain areas inviolable. Regions such as biologically important areas, monuments, bio-corridors and ecologically sensitive zones play a key role in harboring biodiversity, regulating local ecosystems and mitigating climate change through carbon sequestration,” Justice Nagarathna said.
The Supreme Court judge delivered the 4th Justice SB Sinha Foundation Memorial Lecture on ‘Environmental Justice and Climate Change: How Courts Can Lead the Way’ in Ranchi.
Pointing specifically to the environmental dangers of tourism, the judge said governments must categorically deny permission for human recreational activities in sensitive areas.
“While public demand for tourism, for example, continues to grow, unchecked tourism can put serious pressure on fragile ecosystems and disrupt wildlife habitats. Governments must therefore refrain from endorsing them altogether. I am referring to tourism such as wildlife safaris in forest reserves,” Justice Nagarathna said.
The apex court judge said the effects of environmental degradation like climate change affect different sections of society differently. Environmental issues are deeply intertwined with issues of social, economic and political justice. Environmental damage is rarely distributed evenly; instead, they tend to disproportionately affect the poor and marginalized, Justice Nagarathna pointed out.
“Pollution, climate change, biodiversity loss and resource depletion do not affect all persons equally. They tend to affect the poor, the marginalized and often those least responsible for the damage. In this sense, environmental judgment must necessarily be influenced by consideration of equity, fairness and justice. In recent decades, courts across jurisdictions have emerged as central actors giving concrete meaning to the idea of environmental justice,” she said.
The judge said the judiciary was forced to step in and direct environmental governance because of legislative loopholes, regulatory inertia and rapidly evolving environmental risks. Courts are increasingly called upon to protect ecological integrity while balancing competing developmental and economic considerations.
Scientific uncertainty and an accelerating environmental crisis have prompted courts to reassess conventional ways of legal reasoning and develop principles that are preemptive, preemptive and contextually responsive, Justice Nagarathna highlighted the challenges in environmental jurisprudence.
“Environmental issues are never just about air, water or forests in isolation. They are also about people – how the consequences of environmental decisions are felt differently across regions, communities and generations. Some bear the brunt of degradation more acutely, while others enjoy the benefits of development more fully. This inequality forces us to think not only about conservation, but also about justice,” said Justice Nagarathna.
Published – 28 March 2026 22:43 IST
