Justice Surya Kant, the next Chief Justice of India, emphasized the need for a collaborative effort to protect the fragile ecology of the Palk Strait, which geographically divides India and Sri Lanka. He argued that the judiciaries of both countries have played a crucial role in sensitizing the executive towards environmental protection. Speaking at the “Indo-Sri Lanka Policy Dialogue: Environmental Sustainability and Regional Cooperation” in Colombo, Justice Kant highlighted the importance of judicial dialogue in driving policy reform and promoting environmental cooperation between the two nations.
He noted that environmental cooperation is not a matter of charity or diplomacy, but a matter of survival, as the shared ecological fate of the Bay of Bengal binds the two countries together. Justice Kant also drew attention to the routine confrontations between Indian and Sri Lankan fishermen, which epitomize a deeper ecological tragedy – competition for an exhausted resource base. He warned that the impact of climate change and rising sea levels threatens coastal zones in both Tamil Nadu and Northern Sri Lanka.
The lack of an integrated transboundary environmental governance mechanism is a major concern, Justice Kant said. He attributed this to inconsistent data collection and the fact that environmental impact assessments rarely consider cross-border effects. He emphasized that India and Sri Lanka have been closely connected by culture, trade, and ecology for centuries, and that their shared geography imposes a collective responsibility to protect the environment.
Justice Kant specifically mentioned the Palk Bay and Gulf of Mannar as biodiversity hotspots that are under severe stress due to overfishing, destructive trawling practices, and unregulated coastal construction. He argued that the time is ripe for the two judiciaries to champion a model of regional environmental constitutionalism, recognizing that certain environmental rights and duties transcend borders. By promoting judicial dialogue and cooperation, Justice Kant believes that India and Sri Lanka can work together to protect their shared environment and ensure a sustainable future. Ultimately, he stressed that environmental cooperation is essential for the survival of both nations, and that it is the responsibility of the judiciaries to drive this effort forward.