Inter Arma Silent Leges: War, Internal Disturbance, and the Limits of Indian Environmental Jurisprudence

Armed conflict and internal disturbance have shaped significant periods of India’s post-Independence history, leaving ecological consequences including deforestation, contamination, biodiversity loss, and habitat fragmentation caused by mines, bunkers, and security infrastructure. Indian environmental jurisprudence has largely developed through public interest litigation concerning industrial pollution and developmental displacement, establishing principles including the right to a wholesome environment, precautionary principle, polluter pays principle, absolute liability, and public trust doctrine. This paper examines whether this doctrinal and institutional architecture can meaningfully address environmental harm arising from war and internal disturbance. It analyses the constitutional and statutory framework of Indian environmental law, traces leading judicial developments, and examines evidence of conflict-related ecological damage in India. It further situates these issues within the international humanitarian law framework governing the environment during armed conflict. The paper argues that Indian environmental jurisprudence, despite its doctrinal richness, was primarily constructed for peace and development and remains structurally uncertain where environmental harm intersects with State war and security powers.