Retired Supreme Court judge Justice Abhay S Oka has issued a powerful call to action, stating that India's persistent pollution crisis can only be tackled when every single citizen recognizes and acts upon their fundamental duty to protect the environment. He warned that without this collective awakening, the burden of fighting environmental degradation will remain unfairly confined to a handful of climate activists.
The Core Issue: A Constitutional Duty Ignored
In an interview with The Indian Express, Justice Oka reflected on the nation's environmental approach as it completes 75 years under the Constitution. "It is about the approach. It has been 75 years of the Constitution and we are still not doing our duty of protecting the environment," he stated. The former judge, who retired on May 24, 2025, after a distinguished career spanning the Bombay High Court, Karnataka High Court, and the Supreme Court, emphasized that real change is contingent on a shift in public consciousness.
"Once every citizen realises it is their duty to improve and conserve the environment, things will change. Otherwise today the responsibility is confined to some activists who try to raise issues and go to court," Justice Oka explained. His comments came against the grim backdrop of Delhi's air quality plunging into the 'severe' category, with an average AQI of 402 recorded at 8 am on Monday, as per the Central Pollution Control Board (CPCB). Over half of the capital's 40 monitoring stations reported 'severe' levels, with many others in the 'very poor' zone.
Activists and Judges Face Unwarranted Attacks
Justice Oka pointed out that those who do prioritize the environment, including judges, often face severe backlash. He revealed that climate activists, who deserve societal support and praise, are frequently attacked and labelled as "anti-religion or anti-national." Similarly, judges are not immune to such pressures, especially from social media campaigns.
He recounted a personal incident from 2017 when he was hearing matters concerning noise pollution and the construction of pandals on roads for festivals. "The Government of Maharashtra had moved an application to the Chief Justice, contending that I had a bias against the state simply because I had refused to accept its stand that no 'silence zones' existed across Maharashtra following an amendment to the Noise Pollution Rules," he shared. He noted that the legal community strongly supported him, leading the Chief Justice of the Bombay High Court to dismiss the government's application.
A Path Forward Beyond Courtrooms
Justice Oka's remarks underscore a critical gap in India's environmental strategy: an over-reliance on judicial intervention and activist pressure instead of ingrained civic responsibility. Post-retirement, he has joined the SVKM Pravin Gandhi College of Law as an Honorary Professor of Practice, continuing his engagement with legal education.
The recurring severe air pollution in Delhi-NCR, exemplified by the recent smog and visibility drop, acts as a stark reminder of the crisis. Justice Oka's message is clear: laws and court orders are essential, but they are ultimately insufficient without a grassroots movement where every Indian views environmental conservation as a personal, non-negotiable duty enshrined by the Constitution itself. The solution, therefore, lies not just in policies but in a profound cultural shift towards environmental stewardship.
