Saturday 4 July 2015

Effect of judiciary on the environment movement in India


In the history of environmental movements in India, the period from the 1980s onwards witnessed a peculiar phase. Following the Emergency of 1975, the judiciary had already begun to take a much greater role in the functioning of the government. Several environment matters relating land, air and water were brought to the Supreme Court through an innovative mechanism; Public Interest Litigations. In many of the pollution related cases, the courts gave sweeping orders to shift the sites of production or to shut down manufacture besides deciding on penalties, fines and compensations.
The judiciary established itself as the forest administrator by implementing compensatory aforestation, plantation and other conservation issues. These establishments led to the formation of National Green Tribunal (NGT).  NGT have been empowered to issue directions for the compensation and restitution of damage caused from actions of environmental negligence. One of the unprecedented implications of environmental clearances by NGT was it allowed a 5000MW thermal power plant to operate on 121 conditions in June 2010. Compensatory Afforestation Planning and Management (CAMPA) are meant to promote afforestation and regeneration activities as a way of compensating for forest land diverted to non-forest uses.
The judiciary took effective measures to curb out atmospheric pollution which includes air, water and noise pollution. These matters came under the Ministry of Health and Welfare and the Ministry of International Trade and Industry, of the Economic Planning Agency, the Ministry of Agriculture, Forestry and Fisheries, the Ministry of Construction and the Ministry of International Trade and Industry respectively. However Ministry of health and welfare is commonly responsible for all of them.

However, the efforts of the judiciary in resorting to the ‘Polluter Pays’ principle has only supported this trend as the ‘penalties’ have only helped to streamline industrialization at the cost of environment rather than provide any justice to those aggrieved by such developments.

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