Environmental Public Interest Litigation in Uganda and India: A comparative Jurisprudential Analysis of Legal Frameworks

Registration ID: IJNRD_214224

Published ID: IJNRD2403192

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KAKUNGULU ABUBAKAR

Abstract In the realm of environmental jurisprudence, the concept of Public Interest Litigation (PIL) has emerged as an instrumental tool aimed at protecting the collective interests of society concerning environmental protection. This comprehensive paper endeavors to meticulously examine and juxtapose the jurisprudential landscapes of two democratically distinct but jurisprudentially intertwined nations, Uganda and India, with particular emphasis on environmental PIL. This scholarly inquiry traces its origins to the theoretical foundations of PIL, where the 'locus standi' principle, historically a determinant of access to justice, is supplanted by the doctrine of 'sufficiency of interest,' enabling non-governmental actors and concerned citizens to litigate environmental issues of public concern assertively. This research expounds upon the nuances and intricacies of the legal frameworks underpinning PIL in Uganda and India, invoking the Salus populi suprema lex to underscore the overarching societal objectives. By employing a comparative methodology, this study investigates the adjudicatory responses and precedential developments in pivotal PIL cases from both jurisdictions, elucidating the jurisprudential evolution and discerning the doctrinal subtleties that have crystallized through judicial interpretations. Notably, the paper delves into cases like 'MC Mehta v. Union of India' in the Indian context and equivalent Ugandan cases addressing environmental pollution issues, accentuating the role of judicial activism in shaping environmental policy. Furthermore, this study dissects environmental PIL's challenges in both jurisdictions, drawing upon jurisprudential perspectives, and socio-economic realities. It engages with debates surrounding the 'remedy gap' and 'environmental justice,' evoking ubi jus ibi remedium to underscore the inherent judicial obligation in securing environmental rights. This paper seeks to bridge the jurisprudential lacuna between Uganda and India in the context of environmental PIL, invoking the doctrina analysis, and an interdisciplinary approach to elucidate the legal, social, and policy implications of environmental litigation for the public interest. Through this academic pursuit, this study aspires to illuminate the symbiotic relationship between jurisprudence, ecological protection, and societal progress, invoking law as the art of the good and the equitable.

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KAKUNGULU ABUBAKAR (March-2024). Environmental Public Interest Litigation in Uganda and India: A comparative Jurisprudential Analysis of Legal Frameworks. INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT, 9(3), b855-b876. https://ijnrd.org/papers/IJNRD2403192.pdf

Volume 9 Issue 3, March-2024

Pages : b855-b876

Paper Reg. ID: IJNRD_214224

Published Paper Id: IJNRD2403192

Downloads: 000122258

Research Area: Environmental Management 

Author Type: Foreign Author

Country: VISAKHAPATNAM , Andhra Pradesh, Uganda

Published Paper PDF: https://ijnrd.org/papers/IJNRD2403192.pdf

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