This article is written by Kevin Joy & Robin B Chalil , sixth semester students of three year LLB at Al Azhar Law College, Thodupuzha, Idukki.Through this authors tried to analysis Envirommental pollution and the role of Green Tribunal in India.
Introduction
The size of human population has increased greatly in the past hundred years. This means increased demand for food, water, housing, electricity, roads, cars and many other commodities. These demands put enormous pressure on our natural resources and also contribute to air, water and soil pollution. What is needed today is to control the degradation,depletion of our precious natural resources and pollution without halting development.Pollution is any undesirable change in the physical, chemical or biological properties of air,soil, water or soil. The agents that cause such undesired change are called pollutants. To control environmental pollution, the government of India passed the Environment(Protection) Act 1986 to protect and improve the quality of our environment (air, water and land).
Main Types of Pollution
Water -Human’s abuse water resources around the world by dumping all kinds of garbage in them. We tend to believe that water can take it all regardless of the fact that bodies of water are the lifeblood of us as well as of all other living things. Can you list everything that we tend to try to get rid of through our rivers and sewers? As a result of these human activities, ponds, lakes, streams, rivers, estuaries and oceans become polluted in many parts of the world. Recognizing the importance of keeping water sources clean, the government of India passed the Water (Pollution Prevention and Control) Act1974 to protect our water.
Air – We depend on air for our respiratory needs. Pollutants in the air cause damage to all living things. They reduce plant growth and yield and cause premature plant death. Air pollutants also have a harmful effect on the respiratory systems of humans and animals.Harm depends on contaminant concentration, exposure time and organism. In India, the Air (Pollution Prevention and Control) Act came into effect in 1981, but was altered in 1987 so as to include noise as an air pollutant.
Soil – Soil pollution occurs when the presence of harmful chemicals, contaminants or
contaminants in the soil is in high enough concentrations to pose a risk to plants, wildlife,humans and of course. is the land itself. Farmland is turning into desert and uncultivable at an increasing rate, largely due to global warming and agricultural fertilizers and pesticides, reducing the hope that we can feed its growing population. In 40 years, there will be more than 2 billion people, the equivalent of one more China and another India.Food production should increase by at least 40% and most of it should be cultivated on fertile soils that cover only 11% of the world’s land area. However, there is little new land that can be put into production and existing land is lost and degraded. The Food and Agriculture Organization of the United Nations says that each year 75 billion tons of land, equivalent to nearly 10 million hectares or about 25 million acres of arable land, is lost to erosion, water logging and salinization and an additional 20 million hectares abandoned because its soil quality has deteriorated. Contact with contaminated soil can be direct,using parks, schools, etc., or indirectly by inhaling pollutants in evaporated soil or through the consumption of plants or animals that have accumulated accumulation of large amounts of soil pollutants, and can also result in secondary pollution of water supplies and deposition of air pollutants.
How to address Pollution and Provisions followed
The need to protect the environment, conserve and sustainably use natural resources is embodied in the framework of India’s constitution as well as in India’s international
commitments. The Constitution under Part IVA (Article 51: Fundamental Duties) imposes on every citizen of India the obligation to protect and improve the natural environment,including forests, lakes, rivers and wildlife, and to have a good heart. compassion for living things. In addition, the Constitution of India under Part IV (Article 48A Guiding Principles of State Policy) provides that the State shall endeavor to protect and improve the environment,protecting forests and animals.Several environmental protection laws existed even before India’s independence. However,the real impulsion for implementing a well-developed framework came only after the United Nations Conference on the Human Environment (Stockholm, 1972). Following the Stockholm Conference, the National Council for Environmental Policy and Planning was established in 1972 within the Ministry of Science and Technology to establish a regulatory body to deal with environmental issues. This council was later transformed into the Ministry of Environment and Forests – MOEF.
The Ministry of Environment was established in 1985, today is the country’s highest
administrative body for the management and protection of the environment and establishes the legal and regulatory framework for it. Since the 1970s, a number of environmental laws have been enacted. The MOEF and the pollution control boards (Central Pollution Control Board and State Pollution Control Boards) together form the basic administrative and management area.
Some of the significant laws for environment protection are as follows:
The National Green Tribunal Act, 2010
The Environment Protection Act, 1986
The Air (Prevention and Control of Pollution) Act, 1981
The Water (Prevention and Control of Pollution) Act, 1974
The Hazardous Waste Management Regulations, etc.
The National Green Tribunal Act, 2010
It is a well-known fact that the higher judiciary in India is overburdened with a large
backlog of cases. For an effective prevention of environmental pollution, environmental complaints should be decided expeditiously which is not possible in the present condition of judicial administration. So, there was an urgent need for an alternative forum to address environmental cases without much delay. Different countries have established green courts or separate green courts or environmental courts globally to resolve environmental disputes.India is perhaps the third country after Australia and New Zealand to have an environmental tribunal. India is one of the pioneers in establishing green courts among developing countries.
The Green National Courts Act of 2010 (No. 19 of 2010) (NGT Act) was enacted with the aim of providing for the establishment of a Green National Court (NGT) for efficient and expeditious resolution of cases. related to the protection and conservation of the environment, forests and other natural resources, including the exercise of any legal rights relating to the environment and the provision of relief and compensation for damage to persons and property and for matters relating to or relating to Accessories.
The law received the consent of the President of India on 2nd June 2010 and was implemented by the central government according to notice no. 2569(E) October 18, 2010,effective October 18, 2010. The law provides for the creation of NGTs to deal with all environmental laws related to air and water pollution legislation, Environmental protection,forests Conservation Law and Biodiversity Law are stated in Appendix I of the NGT Law.
Due to the application of the National Green Court Act 2010, the National Environmental Court Act 1995 and the National Environmental Appeals Agency Act 1997 were repealed.The National Environmental Appeals Authority was established under Article 3(1) of the National Environmental Appeals Authority Act, dissolved in 1997, with the aim of establishing a National Law on Green Courts under the National Environmental Appeals Act.Green National Court, 2010, see Notice No. 2570 (E) October 18, 2010 The National Green Court was established in 2010 under article 21 of the Constitution of India to resolve environmental disputes. This special provision of the Indian constitution guarantees its citizens the protection of their lives and personal liberties. The National Green Tribunal was established on 18th October, 2010 under the National Green Tribunal Act 2010.
The Tribunal is dedicated to the effective and expeditious disposal of cases relating to the subject of forest, environment, biodiversity, air and water. It is a particular body equipped with the necessary skill to handle environmental disputes involving multi-disciplinary issues.The National Green Tribunal started functioning on 4th July, 2011.
The newly created “Green Court” is a single judicial mechanism in that it is a special,
fast-track quasi-judicial body to ensure prompt justice in environmental issues. The court is comprised of an equal number of judges and environmental experts to ensure efficient handling of cases. It also stipulates that polluters must pay compensation for damage caused to injured parties. The court has jurisdiction over matters related to the environment.The Court is not bound by the Civil Procedure Code of 1908. It operates on „principles of natural justice. The headquarters of the court is located in New Delhi, the capital city of India. There are benches in Bhopal, Chennai, Kolkata and Pune. The aim behind these facilities in different parts of the country is to reach remote parts of India. This way, people from different parts of the country can access the court. The main bench as well as the area benches of Green Court is now operational.
This court could properly be called “special” because India is the third country after
Australia and New Zealand to have such a system. The National Green Court is India’s first dedicated environmental court with broad jurisdiction that not only deals with environmental violations but also provides compensation, relief and ecological restoration consistent with the principle and authority of “polluters pay” enforce the “precautionary principle”. The opening of this court is a major step towards environmental democracy, working with the aim of resolving the case within six months of filing. The members of this Court have adhered to this rule, thus ensuring the timely resolution of cases and giving the court its reputation as an exceptional emergency court.
Furthermore, achieving a delicate balance between conservation and development can be a long and difficult process. It is the duty of the Judges and Expert Members of the National Green Court to maintain a precarious balance between the environment and sustainable development. By observing recent proceedings of this Court and reading previous convictions, the members of this Court have achieved the same in the majority of their cases. During the year the National Green Court was in operation, it made a number of important rulings on a wide range of issues across the country. This court is therefore an important step in accessing justice on environmental issues and its mandate is much broader than that of previous environmental courts and authorities and courts. other cases of this type.
Access to information, public participation and access to justice are important elements of environmental democracy and the Center for Environmental Law (CEL) is actively working with these elements to strengthen environmental democracy, participate in environmental legislation and policy. CEL will play an important role in responding to the strategic request to conduct legal research on many of the issues handled by the National Green Court.WWF – India will assist environmental advisers in court and provide input when the green court needs it. In this context, CEL creates and provides an archive of information for the rulings and orders issued by the National Green Court since it took office. CEL believes that effective enforcement of environmental laws through easily accessible information is a powerful tool to ensure the protection of areas of important ecological interest.
CASES
Charudatt Koli v. M/s Sea Lord Containers Ltd. (O.A. No. 40/2014)
Issue: Remedial steps to be taken for control of air pollution in the outskirts of Mumbai
Impact: In its previous order, the Tribunal had directed preparation of an integrated action plan to be submitted to CPCB by the public sector refineries. The regulatory body has filed a report with remarks on the action plan which has been approved by the Tribunal.Significantly, the Tribunal directed that the refineries pay an interim compensation to the petitioners who have suffered health consequences over and above their medical bills.
M.C. Mehta v. Union of India & Ors. (O.A. No. 200/2014)
Issue: Implementation of orders issued to remedy pollution of River Ganga
Impact: The Court, in dealing with the implementation of its 2015 orders on the Ganga River cleanup, considered the reports of the Court-appointed oversight committee on segments A and B of phase 1 of the River. Finding the action plans incomplete, the Court warned that the National Mission for the Cleanup of the Ganges River and the states of Uttar Pradesh, Bihar, Jharkhand and West Bengal would have to pay compensation for not responding and not developing a plan. action plan for phase II and III within week
Ban of old Vehicles at Delhi
Issue: Delhi is one of the most polluted cities in the world as per WHO report Impact: On April 7, 2015, the National Green Tribunal banned diesel vehicles that are over 10 years old from Delhi and its surrounding areas.Conclusion Along with a similar line of environmental courts established in developed countries,such as Australia and New Zealand, India introduced the Green Court in 2010. This court is a
“body” ad hoc quasi-judicial agency” consisting of an equal number of judges and Experts. The combination of two types of experts is expected to ensure environmental fairness and prompt resolution of cases expeditiously. Since its establishment, the NGT has issued many emergency rulings in various cases and issued a number of orders to the respective authorities, such as banning illegal sand mining, combating noise pollution in Delhi, conservation of biodiversity of Western Ghats, wildlife protection in Kaziranga National Park in Assam, suspension of many environmental rights, etc.
CONCLUSION
In this way, the NGT works quite well and fulfills its duty to bring justice in environmental disputes. Following the liberalization of the Indian economy, the NGT, within its jurisdiction, verifies its relentless pursuit of industrialization. While NGT is not likely to be a cure-all for all environmental problems, it will certainly serve as an example in new forms of environmental dispute resolution. Hence,NGT is certainly expected to benefit the natural landscape of India to a large extent.
REFERENCE
- https//www.conservationindia.org/resources/nationalgreentribunal
- https//cprindia.org/news/undersstand green tribunal
- https//www.mondaq.com/india/waste-management/624836/environment-laws-inindia
- Lecture notes on environmental pollution environment & ecology PDF
- Significant interventions of the National Green Tribunal in March 2019 PDF
