Environmental protection within particular societies involves a complex balancing process and ordering of socio-economic priorities. In relation to other rights, where does an environmental right fit into a hierarchy of human rights and how should the conflicts with other human rights, such as right to property/ livelihood, be resolved? How to balance environmental protection with a general or collective right to economic development? Indian courts have proceeded by balancing interests and...

Flat yields for five years and rising insecticide use are jeopardising the success of Bt cotton technology Cotton has been the biggest success story in Indian agriculture since the Green Revolution. In a country struggling with stagnant yields in most crops, cotton has been the one bright spot. Production has soared from 13.6 million bales (each bale is 170 kg) in 2002-03 to 31.2 million bales in 2010-11—a figure that catapulted...

Matter begins: What is the impact of the National Rural Employment Guarentee Act on rural wages? That is the question that the pundits are asking today. It's a query which feeds into a larger question. Six years have passed since NREGA became a legal reality. What is its village-level impact? It's a complex question to answer. NREGA undertakes to provide employment to anyone who asks for it. Which makes it...

Delivering the Setalvad Memorial Lecture, on April 16, Chief Justice of India S.H. Kapadia cautioned the judiciary against exceeding their judicial functions. His remarks are particularly relevant to the increasing tendency of judges of superior courts to issue directions to government, to correct and monitor government’s functions, and to even make policy decisions which are in the domain of government — as if there was no separation of functions between...

New tensions are emerging between the government and its think tank, with the food ministry making major changes to a National Advisory Council (NAC) draft of a new law slated to become the blockbuster social-security scheme of the United Progressive Alliance (UPA) government’s troubled second tenure. Key provisions of the national food security Bill, 2011, due to be introduced in Parliament’s next session starting 2 August, and estimated to cost the...