While the Minister of Environment and Forests, Jairam Ramesh (“the MoEF") backed this proposal as one which was designed as a judicial remedy for quick and easy disposal of environment related cases, it was not without concerns being raised by parliamentarians, lawyers, and civil-society groups around both the content and intent of the NGT. Although the NGT was officially launched in October 2010 with the appointment of Justice L.S. Panta as its Chairperson, its actual functioning required a tedious push through directions from the Supreme Court and consistent pleas from local communities who have had no specialised forum for redressal.
As envisaged by the MoEF, the NGT is to consist of expert members from the fields of environment and related sciences, who, along with the judicial appointees, have been empowered to issue directions for the compensation and restitution of damage caused from actions of environmental negligence. It would decide on a range of laws relating to pollution, diversion of forestland for non-forest use, as well as environmental clearances. The remedies that can be sought relate both to questioning the basis of the approvals as well as challenging the environmental and human health impacts of a project in operation. It is important to note that all these laws have a huge bearing on our lives and are supposed to regulate pollution where we live and not allow any projects which are detrimental to the environment to be established. And if yes, not without adequate safeguards.
In addition, the NGT also has the authority to rule over grievances when a researcher or industry gets access to a local biological material like a herb, seed or knowledge associated with it, without sharing benefits with the original conservers of that material or knowledge. This procedure forms part of India's Biological Diversity Act, 2002.
The NGT has been presented by the Minister himself as a “pioneering" step towards creating an institution along the lines of those in existence in countries like Australia and New Zealand. Till the benches of the NGT become functional at Bhopal, Pune, Kolkata, and Chennai, petitions are to be filed at New Delhi. Read the full report here.
Source: Kanchi Kohli, The Morung Express.
