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Lessons for Nepal from the Green Judiciary of India: A Politico-legal Analysis

. Alok Kumar Yadav1 and Jivesh Jha2


Abstract

It’s very disappointing to observe that India and Nepal are ranked among those nations that are at 
the very cusp of suffering the most adverse effects of climate change, pollution and the stripping 
of natural resources. These states, which have an open-border and people-to-people connection, 
merit a whole range of environmental challenges that they must combat with. The people in the 
Republics could sense the burn of environmental pollution: losses in agro-based industries and 
incomes; hunger and malnutrition and the associated pressure on the national life. Though the 
governments in these two states appear as toothless entity involved in saving face in terms of 
international commitments, the judicial departments have played an instrumental role in 
canvassing the cause of environmentalism. With the robust judicial activism, Indian education 
system could see Environmental Law or Environmental Science as a compulsory subject or NCT 
of Delhi could witness a ban on Diesel buses. There are scores of green judgments in India that 
could be persuasively taken into consideration by Nepali judiciary or the instrumentalities of the 
state for advancing the cause of environmentalism. 
 
 

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