“Environmental Justice Under Attack: Former SC Judge Abhay Oka Warns of Intimidation Against Activists and Judiciary”

Former Supreme Court judge Justice Abhay S. Oka on Wednesday voiced strong concerns over the growing hostility faced by environmental activists and even judges who pass firm orders to protect the environment.

Speaking at an event organized by the Supreme Court Bar Association (SCBA) on clean air and sustainability, Justice Oka highlighted the worrying trend of targeting those who stand up for ecological protection.

He noted that individuals working pro bono to safeguard the environment are increasingly being ridiculed and pressured by various sections of society, particularly political groups and religious factions.

“Unfortunately, many activists who dedicate immense time, effort, and even personal risk to bring environmental issues before the courts face mockery from political leaders and hostility from religious groups,” he said.

“This is a deeply troubling state of affairs.”

Justice Oka stressed that the challenge extends beyond activists, stating that judges who issue strong rulings in ecological matters are also being unfairly criticized.

“I say this with a sense of responsibility — even judges who have upheld environmental principles through stringent orders are being targeted. There are real-life examples of such backlash,” he remarked.

The former judge lamented the shrinking number of citizens willing to fight environmental battles legally, attributing it to a lack of social support and public misunderstanding.

According to him, those who approach courts to raise ecological concerns are often viewed as anti-development or obstacles to progress.

“Very few people dare to take environmental matters to court. They don’t receive the backing of society. Instead, they are branded as anti-development,” he stated.

“This perception discourages genuine efforts for environmental protection.”

Addressing the issue of firecracker use, Justice Oka refrained from commenting on the Supreme Court’s recent relaxation of firecracker restrictions but clarified that the practice of bursting crackers is not limited to any religious group.

“No one can claim that bursting firecrackers is an essential religious practice deserving constitutional protection,” he asserted.

Sharing his personal experience after traveling from Mumbai to Delhi earlier in the day, he expressed concern over the grave level of air pollution he witnessed.

“As the plane descended into Delhi, I could clearly see a blanket of pollution hanging over the city.

While Mumbai is slightly better due to sea breeze, cities across India are facing similar challenges,” he said.

Justice Oka firmly reiterated that environmental adjudication must remain free from emotional, religious, or populist influence.

He underscored that courts are duty-bound to uphold constitutional values while safeguarding both fundamental rights and duties.

“When courts deal with environmental matters, they cannot be swayed by popular sentiment or religious considerations,” he stated.

“Environmental justice must stand on constitutional principles — especially fundamental rights and duties.

Judges must remain unaffected by public pressure or religious sentiment if they truly aim to protect constitutional guarantees.”

Justice Oka’s remarks serve as a powerful reminder of the critical need for independence, courage, and public support in the ongoing fight for environmental justice in India.

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