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GREENING LAW: A SOCIO-LEGAL ANALYSIS OF ENVIRONMENTAL
HUMAN RIGHTS IN INDIA
by
Sanghamitra Padhy
___________________________________________________
A Dissertation Presented to the
FACULTY OF THE GRADUATE SCHOOL
UNIVERSITY OF SOUTHERN CALIFORNIA
In Partial Fulfillment of the
Requirements for the Degree
DOCTOR OF PHILOSOPHY
(POLITICAL SCIENCE)
May 2008
Copyright 2008 Sanghamitra Padhy
Object Description
| Title | Greening law: a socio-legal analysis of environmental human rights in India |
| Author | Padhy, Sanghamitra |
| Author email | padhy@usc.edu |
| Degree | Doctor of Philosophy |
| Document type | Dissertation |
| Degree program | Political Science |
| School | College of Letters, Arts and Sciences |
| Date defended/completed | 2008-12-03 |
| Date submitted | 2008 |
| Restricted until | Unrestricted |
| Date published | 2008-02-27 |
| Advisor (committee chair) | Renteln, Alison D. |
| Advisor (committee member) |
Wong, Janelle Banerjee, Tridib |
| Abstract | In this dissertation, I examine how India has addressed the question of environmental human rights in the context of three green issues on water rights, forest conservation and air pollution. The dominant disciplinary frameworks on environmental human rights focus on effective compliance with international norms in domestic legal order. They see the internalization of human rights through the adaptation of a set of parallel global standards. Law and Society scholarship argues that acceptance of uniform application of rights masks the interrelationship between international human rights law and local normative orders. I study the process through which environmental human rights claims are incorporated in domestic legal cultures. Taking a socio-legal approach to the historical development of environmental rights in India, I offer some insights about the nature of legal pluralism in a postcolonial context.; In this study I demonstrate that acceptance of cosmopolitan environmental standards in India is built through a plural framework of law that incorporates international environmental norms, constitutional principles and local customary practices. It is based on the interplay between different kinds of laws and also social and cultural assumptions about the proper relationship between individuals, groups, and the natural world. This, I argue, has been facilitated by the public interest litigation movement in the judicial process which introduced two important changes in the law-- 1) it enhanced social and legal interaction by enabling social actors to approach the court and 2) liberal interpretation of rights. This marks a significant departure from colonial common law assumptions about the law and peoples' relationship with nature. I conclude that the adoption of a plural legal approach facilitated by public interest litigation has led to the internalization of cosmopolitan environmental jurisprudence in India. My aim is to provide through case studies an understanding of how human perceptions of relationship with the natural world influence the socio-legal framing of environment. My study demonstrates concretely the ways in which local social factors affect the acceptance of global norm. |
| Keyword | human rights; legal pluralism; India; environmental rights; comparative law; international law |
| Geographic subject (country) | India |
| Language | English |
| Part of collection | University of Southern California dissertations and theses |
| Publisher (of the original version) | University of Southern California |
| Place of publication (of the original version) | Los Angeles, California |
| Publisher (of the digital version) | University of Southern California. Libraries |
| Type | texts |
| Legacy record ID | usctheses-m1030 |
| Rights | Padhy, Sanghamitra |
| Repository name | Libraries, University of Southern California |
| Repository address | Los Angeles, California |
| Repository email | http://www.usc.edu/isd/libraries/services/ask_a_librarian/email/ |
| Filename | etd-Padhy-20080227 |
| Archival file | uscthesesreloadpub_Volume40/etd-Padhy-20080227.pdf |
Description
| Title | Page 1 |
| Full text | GREENING LAW: A SOCIO-LEGAL ANALYSIS OF ENVIRONMENTAL HUMAN RIGHTS IN INDIA by Sanghamitra Padhy ___________________________________________________ A Dissertation Presented to the FACULTY OF THE GRADUATE SCHOOL UNIVERSITY OF SOUTHERN CALIFORNIA In Partial Fulfillment of the Requirements for the Degree DOCTOR OF PHILOSOPHY (POLITICAL SCIENCE) May 2008 Copyright 2008 Sanghamitra Padhy |
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