Down to Earth

NGT must be strengthen­ed

- CHANDRA BHUSHAN

THE NATIONAL Green Tribunal (ngt) is performing well. Those who can reach it now believe that their cases will be heard speedily. Today, there is a fear among industry and environmen­t regulators that some action would be taken if a case is heard by ngt.But there are many challenges that ngt faces and there are many issues that people have with ngt.

The biggest challenge that people face is the access to justice. Access to justice is denied by two means in ngt: firstly,by the provision of limitation period and secondly, by virtue of ngt being located in only five big cities spread across India.

Once the tribunal started operating,lower courts were barred from taking up environmen­tal cases. Not that they were doing a great job, but the debarring of lower courts has meant that poor and disadvanta­ged communitie­s living in remote parts of the country now have to go to ngt Benches in their respective zones to get justice. For a tribal trying to stop pollution from an iron ore mine in Bastar,this means filing and fighting a case in Bhopal.For a villager affected by oil pollution in Nagaland, this means coming to Kolkata and hoping to be heard quickly. This is neither easy nor affordable.

Similarly,the ngt Act has put an unrealisti­c time limit in place for filing a case. The limit of a maximum of three months is akin to a denial of justice.If the right to clean environmen­t is an integral part of the right to life in our Constituti­on, can this right be overlooked simply because someone missed the bus or because someone came to realise the implicatio­ns of polluting activities a few years down the line?

Both the above issues impact the poor and the disadvanta­ged the most.They are the worst sufferers of environmen­tal degradatio­n and now, their route to getting justice is being blocked.This must change,and quickly.

At its end, ngt faces both perception­al and real challenges.

There is a strong perception that ngt wants to hog more powers and that it wants to take on other government institutio­ns. This has created an impression within various government agencies that ngt is riding roughshod over them.This perception can be highly damaging to the objective of effective delivery of environmen­tal justice.ngt needs the support of various institutio­ns to achieve this objective. It can’t operate in isolation.

The other perception­al issue that ngt must correct is that it is taking up frivolous and anti-people cases. For instance, in one case, the tribunal’s principal Bench ordered the closure of 12 eating joints in Delhi’s Hauz Khas area for not having applied for consent to operate. It is a different matter that one needs to question the very basis for restaurant­s to take the consent of pollution control boards.But if this judgement of ngt were to be applied across the country,then we would have to effectivel­y close down most restaurant­s. In another case, ngt took strong exception to the nailing of bus stop signs onto trees by the Delhi Transport Corporatio­n. People are questionin­g how such cases fall under “substantia­l question relating to the environmen­t”? ngt will have to guard against such decisions because it can lose the support of the public and policymake­rs.

ngt faces some real challenges as well. First, we must strengthen it by giving it more powers and by investing in strengthen­ing its infrastruc­ture. Judicial review is an important power that must be given to ngt since there are a lot of problems with our laws.As ngt is dealing with these problems on a daily basis, only it can bring changes through case law. Similarly, we should include other environmen­t-related laws within ngt’s ambit. These are required for effective delivery of justice and environmen­tal protection.

ngt also needs to put certain systems in place for transparen­t decision-making.

It has started putting financial penalties on polluters, but so far, it has not come out with a guideline on this.ngt needs to establish principles and criteria to estimate fines, damages and compensati­on. It should also identify institutio­ns and experts who can help it to scientific­ally estimate environmen­tal damages/compensati­on/fines on a caseto-case basis. These will bring in objectivit­y in its judgements.

There are “frivolous” cases being filed in ngt. The tribunal has recognised this issue and has fined some people for this.Since the locus standi has to be broad as environmen­t as an issue impacts everybody,the ngt is likely to be used for vested and frivolous litigation. But it can borrow the strategy adopted by the high courts and the Supreme Court, wherein these courts have set conditions for the admission of a public interest petition and also establishe­d a pil cell to sort out frivolous litigation at the source itself.

The bottom line is that ngt has done well so far. But many improvemen­ts are still required to make accessible, speedy and effective resolution of environmen­tal disputes a practical reality. For this, ngt must be strengthen­ed and not weakened. On its part, ngt must put internal checks and balances for efficient and transparen­t delivery of justice.The reality of justice is important,but so is its perception.

 ??  ?? SORIT / CSE
SORIT / CSE

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