Justice Surya Kant: Judiciary Must Be the Bridge for Indo-Sri Lankan Environmental Solidarity
(Judicial Quest News Network)
In a compelling keynote address at the Indo–Sri Lanka Policy Dialogue on Advancing Environmental Sustainability and Regional Cooperation, Justice Surya Kant of the Supreme Court of India underscored the urgent need for judicial institutions in India and Sri Lanka to champion a model of regional environmental constitutionalism. The event was organized by the Faculty of Law, University of Colombo, and brought together legal and enforcement stakeholders from both nations.
“India and Sri Lanka have, for centuries, been closely connected not merely by culture and trade, but by the ecology of the Indian Ocean itself. Presently, as environmental degradation accelerates, our shared geography imposes a collective responsibility. It seems to me that today’s deliberation should not merely revolve around whether Indo–Sri Lankan cooperation is desirable, rather they should focus on how to evolve fast enough to meet the transboundary challenges that threaten both nations.”
Justice Kant emphasized that certain imminent environmental rights and duties transcend national borders, necessitating a shift from aspirational cooperation to urgent collective action in addressing transboundary ecological challenges. He invoked the Indian Ocean as a historic bridge of continuity, linking the people of India and Sri Lanka through shared culture, faith, and ecosystems.
“Following independence, both nations initially focused on nation-building and economic recovery, and the 1974 and 1976 maritime boundary agreements were signed, for the limited purpose of establishing maritime boundaries and settling jurisdictional questions. Additionally, I believe that these agreements were also the initial clarion call reflecting the ecological interdependence of both countries on these marine ecosystems”
Highlighting the ecological degradation of the Palk Bay and Gulf of Mannar—once vibrant biodiversity hotspots—Justice Kant pointed to overfishing, destructive trawling, and unregulated coastal activity as pressing threats. He further drew attention to climate change impacts such as saltwater intrusion, microplastic accumulation, and uncoordinated disaster response, advocating for joint monitoring mechanisms and data-sharing frameworks between the two nations.
“The Palk Bay and Gulf of Mannar are biodiversity hotspots, home to coral reefs, seagrass meadows, and endangered species. Yet these regions are under severe stress. Overfishing, destructive trawling practices, and unregulated coastal construction have caused ecosystem collapse in parts of this marine environment. In my opinion, the routine confrontation between Indian trawlers and Sri Lankan fishers epitomizes a deeper ecological tragedy—competition for an exhausted resource base.”
Describing the judiciary as a moral and constitutional guardian of ecological balance, Justice Kant recalled the Indian Supreme Court’s creative interpretation of Article 21, which recognized the right to a healthy environment as intrinsic to the right to life. He noted that this jurisprudential evolution laid the foundation for India’s environmental governance under the sustainable development doctrine.
“From the 2004 tsunami to recurring cyclones, both countries have experienced how environmental disasters transcend political borders. These are phenomena that do not recognize national boundaries and have prompted cooperation in disaster management, yet ecological restoration continues to remain fragmented.”
In a gesture of deepening judicial ties, Justice Kant announced that the Chief Justice of Sri Lanka, along with fellow judges, is expected to visit India in the near future. He concluded with a powerful reminder: “Environmental cooperation is not a matter of charity or diplomacy—it is a matter of survival. The Bay of Bengal does not divide us; it binds us through a shared ecological fate.”
