Role Of ADR in Resolving Environmental Conflicts

ABSTRACT

Since the last few years, India has been witnessing a never-ending debate and discussion about the Uniform Civil Code. Some people are against it, and some are staunchly against it. The proponents of the idea believe that the UCC will lead to uniformity among the personal laws in the country, while its detractors apprehend that its implementation is a blatant violation of Article 25 of the Constitution of India, which bestows “freedom of religion” on every citizen of India. But it also cannot escape the eye of a reasoned person that personal laws and their different applications in each religion have led to negative outcomes for women. This paper explores the critical role of Alternative Dispute Resolution (ADR) in addressing environmental conflicts, emphasizing its necessity for achieving sustainable development that harmonizes economic growth with environmental protection. It highlights the importance of Goal 16 of the 2030 Agenda for Sustainable Development, which calls for peace, justice, and effective institutions to enhance access to justice globally. The rise in environmental disputes, fueled by population growth and resource depletion, underscores the urgent need to rethink existing judicial systems, which often face inefficiencies and backlogs. In India, environmental litigation has surged due to active involvement from public interest groups and communities affected by issues like land access, water quality, and pollution. With over 50,000 pending environmental cases in 2019 alone, the Indian judiciary is strained. The paper advocates for environmental mediation as a viable solution, promoting timely justice and collaborative dispute resolution among stakeholders. Furthermore, it examines the establishment of judicial bodies such as the National Green Tribunal and the Supreme Court, alongside the increasing backlog of cases that compromise the quality of justice. The analysis reveals that ADR mechanisms—including arbitration, mediation, and Lok Adalat—are essential for effectively managing environmental disputes and reducing the burden on traditional courts. By reviewing successful and unsuccessful instances of environmental mediation, this study aims to provide recommendations for enhancing ADR methods within the context of environmental conflicts, aligning with national and international standards for justice and sustainability.  It is true that some of the concerns against UCC are legitimate, but that doesn’t mean that UCC isn’t plausible for our nation. In fact, the benefit outweighs the negatives