In a call for collaborative environmental stewardship, Justice Surya Kant, slated to become the next Chief Justice of India next month, urged India and Sri Lanka to act as joint "guardians of the Indian Ocean". Speaking at the University of Colombo's Faculty of Law during the Indo-Sri Lanka Policy Dialogue, Justice Kant emphasized that environmental cooperation between the two nations is not merely a matter of diplomacy but a necessity for survival.
Justice Kant highlighted the deep-rooted connections between India and Sri Lanka, emphasizing that the Indian Ocean has historically served as a bridge connecting the two nations through shared culture, faith, and ecosystems. However, he also noted the ecological fragility beneath the surface, pointing to issues such as oil spills, coral reef degradation, and the vulnerability of fishing communities. He expressed concern that these challenges threaten biodiversity and livelihoods on both sides of the Palk Strait.
"The Bay of Bengal does not divide us; it binds us through a shared ecological fate," Justice Kant stated, emphasizing the shared responsibility of both nations to protect their fragile marine ecosystems. He described the seas between India and Sri Lanka as "arteries of exchange" for culture and ideas, now also serving as "conduits of shared vulnerability".
To foster sustained ecological cooperation, Justice Kant proposed several initiatives, including the creation of a Joint Commission on Marine Ecology empowered to issue ecological advisories. He also suggested establishing data-sharing protocols for pollution and fisheries management and organizing judicial workshops under the BIMSTEC framework to develop common interpretive standards for environmental rights.
Furthermore, Justice Kant announced that judges from the Supreme Court of Sri Lanka, led by Chief Justice P. Padman Surasena, are expected to visit India in December 2025 or January 2026. He expressed hope that this visit would strengthen judicial dialogue and institutional collaboration, potentially formalizing steps toward the proposed Joint Commission on Marine Ecology and structured data-sharing systems.
Justice Kant drew attention to the environmental degradation occurring in the Palk Bay and Gulf of Mannar, biodiversity hotspots home to coral reefs, seagrass meadows, and endangered species. He noted that overfishing, destructive trawling practices, and unregulated coastal construction have caused ecosystem collapse in parts of this marine environment. He also addressed the routine confrontations between Indian and Sri Lankan fishermen, describing it as a consequence of competition for dwindling resources. He also acknowledged the impact of climate change and rising sea levels that threaten coastal zones in both Tamil Nadu and Northern Sri Lanka, recounting the impact of the 2004 tsunami and recurring cyclones as examples of environmental disasters transcending political borders.
Justice Kant also acknowledged existing constitutional provisions in both countries that support environmental protection. He mentioned Article 21 of the Indian Constitution, which recognizes the right to a healthy environment as part of the right to life and Article 27(14) of the Sri Lankan Constitution, which requires the state to protect and preserve the environment and its resources.
In conclusion, Justice Kant advocated for a reimagined Indo-Sri Lankan partnership, one that focuses on restoring ecosystems and building resilient communities. He stressed that the time is ripe for both judiciaries to champion a model of regional environmental constitutionalism, recognizing that certain environmental rights and duties transcend borders.
