Precautionary Principle, its Interpretation and Application by the Indian Judiciary: ‘When I use a word it means just what I choose it to mean-neither more nor less’ Humpty Dumpty

The precautionary principle is accepted in India as a fundamental tool to promote sustainable development and is employed within Indian environmental governance to promote better health and environmental decisions. Scientific uncertainty is at the core of the precautionary principle. The application of the precautionary principle is an open-ended issue. This article seeks to add to the limited empirical studies on the understanding, appreciation and application of the precautionary principle by key environmental actors, as differing legal responses and decisions may be irreversible before conclusive scientific knowledge and evidence become available. Building on researcher’s unique Indian data, and drawing on the theoretical insights developed by Charles Weiss, an explanatory environmental framework addresses the uncertainty of science by assembling a scale of legal standards arranged in a hierarchy of levels of increasing certainty familiar to lawyers and the judiciary. Reported Indian cases from the Supreme Court and the National Green Tribunal are selected to illustrate levels of scientific certainty or uncertainty and corresponding legal standards of proof constituting acceptable bases for legal decisions in practical context especially the precautionary principle. The article suggests India should develop a framework of guidelines that would provide an effective roadmap for decision-makers applying the precautionary principle

Vishwamitri: A River and its Reign

In response to the degraded condition of the Vishwamitri River, the Vadodara Municipal Corporation (Vadodara, India) commissioned HCP Design, Planning, and Management Pvt. Ltd. to develop a riverfront design. The resulting proposal, the Vishwamitri Riverfront Development Project (VRDP), intends to mitigate flooding, prevent human-wildlife conflict with crocodiles, increase water quality, and create opportunities for economic development. Since its release in 2014, however, the VRDP has received criticism from numerous NGOs, community activists, and local academics due to the negative environmental and social impacts. In collaboration with the ASP Foundation, a local stakeholder and VRDP critic, our interdisciplinary team of ecologists, landscape architects, and policy students, including a resident of Vadodara, developed an alternative design framework. To envision a nuanced, holistic future for the river, we first critiqued the VRDP based on current, peer-reviewed literature, regional and global trends in river development, and previous criticisms presented by stakeholders. After identifying overarching criticisms and a two month field visit to Vadodara, we crafted a plausible design framework for the Vishwamitri River that responds critically, creatively, and specifically to the human and ecological needs of Vadodara and the wider watershed context. In light of the growing body of knowledge in urban ecology, urban stormwater management, and watershed dynamics in India and beyond, in addition to local sentiments on the river’s identity and cultural importance, our work articulates a vision of complementary dynamism between Vadodara and the Vishwamitri. This vision will be used by our client as a starting point for a fully-developed alternative to the VRDP.Master of Science Master of Landscape ArchitectureNatural Resources and EnvironmentUniversity of Michiganhttps://deepblue.lib.umich.edu/bitstream/2027.42/136595/1/313_VishwamitriARiverAndItsReign_compressed.pd