- Ms Lovleen Bhullar
- Email address:
- Thesis title:
- Impact Analysis of Judicial Directives on Water Pollution in India: Relevance for Realization of the Human Rights to Water & Sanitation
- Year of Study:
- Year of Entry 2014
Prof Deborah Mabbett (Birkbeck)
Lovleen Bhullar is a lawyer and researcher working on environmental law and policy issues in India and climate change adaptation in the ASEAN region. She is associated with the Environmental Law Research Society, New Delhi and the Asia-Pacific Centre for Environmental Law, National University of Singapore where she has previously worked as an Adjunct Research Fellow in the Faculty of Law and as a Research Associate with the Institute of Water Policy, Lee Kuan Yew School of Public Policy. Lovleen holds a BA LLB (Hons) from the National Law School of India University, Bangalore, a LLM in Environmental Law from SOAS and a MSc in Environmental Policy and Regulation from LSE.
Lovleen has recently co-edited a volume - Water Governance: An Evaluation of Alternative Architectures (Cheltenham: Edward Elgar Publishing, 2013). Her research has also been published in various journals and some of her recent publications include “Ensuring Safe Municipal Wastewater Disposal in India: Is there a Legal Basis?”, 25(2) Journal of Environmental Law 235-260 (2013), “Climate Change Adaptation and Water Policy: Lessons from Singapore”, 21(3) Sustainable Development 152-159 (2013) and “CDM and REDD+: A Comparative Perspective”, Journal of Rural Law and Policy (2013).
The Supreme Court of India (or the Court) has played a proactive role in the development of domestic environmental jurisprudence, including in relation to water pollution. It has relied on different mechanisms – the Constitution of India, legislation, legal principles or rules, judicial precedent, policies and/or administrative instruments, and in many cases, its own wisdom – in order to hold the polluter liable for pollution and punish them. There is a plethora of literature that highlights these ‘achievements’ of the Court. However, there is very little critical analysis of the conceptual basis and the scope and limits of the mechanisms employed by the judiciary in India. The effectiveness of the Court’s orders or directions (e.g. compliance by the parties to the disputes) has also not received adequate attention. Equally problematic is the incomplete transfer of the content of these judicial pronouncements into the legislative and/or policy-making processes.
The objectives of this research are: (i) to conduct a comprehensive examination of the adjudicatory mechanisms invoked in selected decisions of the Supreme Court of India concerning water pollution; (ii) to examine the factors that promoted or inhibited the implementation of these decisions; and (iii) to study the application or (mis-)application of these decisions in subsequent cases as well as in legislative and policy instruments.
Asia-Pacific Centre for Environmental Law (APCEL), National University of Singapore