Expressing agony over the verdict, which amounted to less than a slap on the wrist for causing the deaths of over 25,000 people, Jairam Ramesh, Minister Environment and Forests, says he hopes to plug the holes in India's environmental defence armour through the National Green Tribunal Act, 2010.
In his words: “We need to fast-track our efforts for both the National Green Tribunal and the National Environment Protection Authority. This verdict makes clear that we need to put in place these systems quickly," he said, adding that the Tribunal was intended to be a network of dedicated courts for environment issues, with the first such court in Bhopal. It is hoped that the courts will dispense quick environmental justice on civil matters. Ramesh is also working to establish a National Environment Protection Authority later this year to act as an environmental watchdog and early warning system. He does however admit that all of India's environmental laws, including the Environment Protection Act, 1986, which emerged as a direct response to the Bhopal gas tragedy.
But there are problems ahead. To being with we have this text to deal with: "Notwithstanding anything contained in the Code of Criminal Procedure, 1973, every offence under this Act shall be deemed to be non-cognizable within the meaning of the said Code." This automatically means that the only relatively 'trivial' issues will be brought before the NGT. The other problem suggests Ritwick Datta, one of India's most promising young environmental lawyers is that: "The NGT Act has been put together in a non-transparent manner. No real public consultation took place and the Bill seems to have been hurriedly drafted. The decison to have the principle bench at Bhopal is also problematic. An appeal against the decision lies in the Supreme Court because affected people will be forced to come to Bhopal and then later to the Supreme Court. With no High Court at Bhopal very limited legal assistance will be available to complainants. This poses little problem for corporates who, of course, have unlimited resources to ferry lawyers to Bhopal several times, but what about those with a grievance, but no financial resources?"
The other gaping hole in the Act is the fact that it states: "No application of adjudication of dispute under this section shall be entertained by the tribunal unless it is made within a period of six months years from the date on which the cause of such dispute first arose." This is regressive at best and Machiavellian at worst given that many of the most serious diseases caused by environmental contamination, including cancer, or lead poisoning would only show up years later.
Bottom line: The NGT could turn out to be a solution worse than the cure if money power and politics combine to prevent its worst loopholes from being plugged. This could be done through subsequent rules, but surely it would have been far more effective if the MoEF had paid heed to the cautionary notes that well-informed and very well intentioned commentators, activists and experts have steadfastly brought to the notice of the Secretary, Environment and Forests for the past several months.
This is the full text of the National Green Tribunal Act, 2010 click here.
