Rights-Based Approach to Realize Co-benefits in Delhi
Résumé
An important actor in the urban reform agenda in India is the judiciary. In fact, through public interest litigation, the Supreme Court (SC) and the High Courts have received claims from citizens, directly related to city development. Although the basis of the claims in front of the SC was the violation of a fundamental right, the judiciary was able to step into sectors such as land use, transport as well as cross-cutting issues such as air pollution. The case law of the SC has been particularly important for the city capital, Delhi. Based on this example, this chapter shows how the SC, starting from the violation of the fundamental right to life, ended up making detailed policy and technological orders to local public authorities in order to tackle the problem of air pollution. It shows the outcomes of these orders and co-benefits. Finally, it discusses the limits and opportunities of this rights-based approach for city development.