Procedural (in)justice in regulating shale gas as transitional fuel in India

Yadav, Shashi Kant (2024) Procedural (in)justice in regulating shale gas as transitional fuel in India. Journal of Energy & Natural Resources Law. ISSN 0264-6811 (In Press)

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Abstract

India has earmarked 56 shale gas fracking projects as part of its coal-to-gas transition plan. However, fracking poses peculiar risks to the environment and public health. This paper examines whether India’s fracking-based energy transition pathway ensures procedural justice for its citizens by evaluating its regulatory framework on three key aspects of procedural justice: information, inclusion and influence. In doing so, this paper posits that procedural rights are considered part of constitutionally guaranteed fundamental rights in India. To address the procedural justice issues, this paper argues that the Indian government should conduct scientific inquiries into the environmental impact of the proposed fracking projects. Additionally, the paper suggests establishing communication channels to inform local communities about fracking-related risks through decentralised regulatory mechanisms, creating regulatory structures to involve various stakeholders in decision-making, and analysing how fracking will affect the socio-economic conditions of local communities.

Item Type: Article
Keywords: Procedural justice | Energy transition | Hydraulic fracturing | India | Shale gas
Subjects: Physical, Life and Health Sciences > Environmental Science, Policy and Law
Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 26 Jul 2024 04:17
Last Modified: 26 Jul 2024 04:17
Official URL: https://doi.org/10.1080/02646811.2024.2347091
URI: https://pure.jgu.edu.in/id/eprint/8174

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