ENVIRONMENTAL COURTS WITH SPECIAL REFERENCE TO NATIONAL GREEN TRIBUNAL: AN ANALYSIS
DOI:
https://doi.org/10.61841/cibg.v28i4.2904Keywords:
Environmental Courts, Environmental Tribunals, Stockholm Conference, National Green Tribunal, Right to LifeAbstract
Prior to 1970s before the UN Conference on Human Environment, environment did not find much mention in the legal regime of any country, let alone the environmental courts. The concept of “environmental courts” emerged, firstly in Europe. The reason behind the increasing numbers of ECTs are multifarious, like the new international developments taking place in the world which are highlighting the grave concerns related to the environment, the increasing interaction and inter-dependence of environmental rights and human rights, the emerging novel threats to the environment in the form of climate change and others. ECTs deal only with the environmental cases and it uses the otherwise less-used techniques of alternative dispute resolution which are often cheaper and less time-consuming. These can be courts (judicial approach) or tribunals (executive or administrative approach), depending upon the societal, economic, political and environmental factors existing in a particular country. India saw the birth of NGT after a lot of deliberations within the legislative and judicial spheres. It was the result of the ratification of the path breaking Stockholm Conference, 1972 by India. The NGT through the balanced-approach towards the environment and economy, in plethora of cases, has won accolades from the civil society as well as from the centre, which is very much evident from the recent verdict and proceedings of the tribunal. But, setting up of an ECT is not the end of the road, but it’s an initial step in the direction of environmental justice which alone cannot guarantee the same but needs to be supplemented through various other means.
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References
George Rock Pring, Catherine Kitty Pring, et. al., Environmental Courts & Tribunals: A Guide for Policy Makers, (UN Environment, Kenya, 2016) available at: https://wedocs.unep.org/bitstream/handle/20.500.11822/10001/environmental-courts-tribunals.pdf?sequence=1
George Rock Pring, Catherine Kitty Pring, et. al., Greening Justice: Creating and Improving Environmental Courts and Tribunals, (The Access Initiative, 2009) available at: https://www.eufje.org/images/DocDivers/Rapport%20Pring.pdf
Ibid.
Supra note at 1.
George Rock Pring, Catherine Kitty Pring, “Specialized Environmental Courts & Tribunals at the Confluence of Human Rights and the Environment” 11 Oregon Review of International Law 301 (2009) available at: http:// www.law.du.edu/ect-study
Michael Faure (ed.), II Elgar Encyclopedia of Environmental Law (Edward Elgar Publishing Limited, Cheltenham, 2016) available at: https://doi.org/10.4337/9781785369520
Supra note at 1.
Ibid.
Brian J. Preston, “Characteristics of Successful Environmental Courts and Tribunals”, 26 Journal of Environmental Law 365-393 (2014) available at: https://doi.org/10.1093/jel/equ019
John Barry, “Towards a Green Republicanism: Constitutionalism, Political Economy, and the Green State” 17(2) The Good Society 4 (2008).
Ibid.
David R. Boyd, “The Constitutional Right to a Healthy Environment”, 54 Environment: Science and Policy for Sustainable Development 3-15 (2012) available at: http://doi.org/10.1080/00139157.2012.691392
The National Green Tribunal Act of India, 2010 (Act 19 of 2010).
The Constitution of Kenya, 2010, ss. 162(2)(b), 162(3).
Supra note at 6.
George Rock Pring, Catherine Kitty Pring, “The Future of Environmental Dispute Resolution” 40 Denver Journal of International Law & Policy 482 (2011) available at: http://www.law.du.edu/ect-study
Supra note at 2.
Supra note at 1.
Gitanjali Nain Gill, Environmental Justice in India: The National Green Tribunal (Taylor & Francis, 2016).
Supra note at 1.
Evan Hamman, Reece Walters and Rowena Maguire, “Environmental Crime and Specialist Courts: The Case for a ‘One-Stop (Judicial) Shop’ in Queensland” 27 Current Issues in Criminal Justice 59-77 (2015) available at: https://doi.org/10.1080/10345329.2015.12036031
Supra note at 1.
Gitanjali Nain Gill, “Environmental Justice in India: The National Green Tribunal and Expert Members” 5(1) Transnational Environmental Law 175-205 (2016).
Brian Preston, “The Use of Restorative Justice for Environmental Crime”, 35 Criminal Law Journal 136 (2011), available at: https://ssrn.com/abstract=1831822
Supra note at 1.
M.C. Mehta v. Union of India, AIR 1987 SC 965; A.P. Pollution Control Board v. M.V. Nayudu-II, 2001(2) SC 62.
Swapan Kumar Patra & V.V. Krishna, “National Green Tribunal and Environmental Justice in India” 44(4) India Journal of Geo-Marine Science 445-453 (2014).
Categorisation of Cases Filed in the National Green Tribunal, available at: https://www.wwfindia.org/about_wwf/enablers/cel/national_green_tribunal/
The Constitution (42nd Amendment) Act, 1976 received the assent of President of India on December 16, 1976.
Article 48-A “Protection and improvement of environment and safeguarding of forests and wild life: The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.”
Article 51A(g) “It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures.”
Rural Litigation and Entitlement Kendra v. State of U.P., AIR 1985 SC 359.
K. Chandru v. State of Tamil Nadu, AIR 1986 SC 204.
Murli S. Deora v. Union of India, (2001) 8 SCC 765.
“Sources of Domestic Environmental Law” available at: https://epgp.inflibnet.ac.in/epgpdata/uploads/epgp_content/law/06._environmental_law/02._sources_of_domestic_environmental_law/et/5722_et_02_et.pdf
Article 253 “Legislation for giving effect to international agreements.
Notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body.”
The Access Initiative, “How Green Will be the Green Tribunal?” (2009), available at: https://elaw.org/system/files/How%20Green%20Will%20be%20the%20Green%20Tribunal.pdf
Law Commission of India, “186th Report on Proposal to Constitute Environment Courts” (September, 2003).
Vellore Citizens’ Welfare Forum v. Union of India, 1996(5) SCC 647.
M.C. Mehta v. Union of India, AIR 1987 SC 1086.
Supra note at 39.
Ibid.
A.P. Pollution Control Board v. Prof. M.V. Nayudu, 1999(2) SCC 718.
Supra note at 39.
The National Green Tribunal Act of India, 2010 (Act 19 of 2010).
Section 4(3) “The Central Government may, by notification, specify the ordinary place or places of sitting of the Tribunal, and the territorial jurisdiction falling under each such place of sitting.”
National Green Tribunal Act, available at: https://www.lawteacher.net/free-law-essays/constitutional-law/national-green-tribunal-act-constitutional-law-essay.php.
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