International conference to discuss ways to set up NGT-like tribunal:

International conference to discuss ways to set up NGT-like tribunal: (Indian Express)

Context

• The upcoming International Conference on Environment 2017 on November 3 and 4 will admit countries interested in learning to follow the path of a tribunal like the National Green Tribunal (NGT).

What is the purpose of the conference?

• The main purpose of the conference is to promote environmental awareness in India and other south Asian countries.
• The objective of the conference is to mull over the numerous critical issues regarding global environmental change and come up with effectual solutions.
• Environmental protection is not in conflict with development. Sustainable development is the key to striking a balance between environment and development.
• The focus of the conference will be on ‘Forest and biodiversity’, ‘Clean and renewable energy’, ‘Climate change’ and ‘Municipal solid waste’. Four technical sessions, on each of the issues, will be held over the 2-day conference.

Setting up of NGT

• Till 1980, not much contribution was made by the courts in preserving the environment. One of the earliest cases which came to the Supreme Court of India was Municipal Council, Ratlam, vs Vardhichand, 1980. Thereafter, series of cases were filed before the Supreme Court and there was a dynamic change in the whole approach of the courts in matters concerning environment.
• During the Rio de Janeiro summit of United Nations Conference on Environment and Development in June 1992, India vowed the participating states to provide judicial and administrative remedies for the victims of the pollutants and other environmental damage.

Why did India set up NGT?

• There lie many reasons behind the setting up of this tribunal. After India’s move with Carbon credits, such tribunal may play a vital role in ensuring the control of emissions and maintaining the desired levels.
• This is the first body of its kind that is required by its parent statute to apply the “polluter pays” principle and the principle of sustainable development.
• This court can rightly be called ‘special’ because India is the third country following Australia and New Zealand to have such a system.
• India has now become the third country in the world to start a National Green Tribunal (NGT) which is a judicial body exclusively meant to judge environmental cases after Australia and New Zealand.
• The National Green Tribunal has been established under the National Green Tribunal Act, 2010 for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources.
• The Tribunal is mandated to make and Endeavour for disposal of applications or appeals finally within 6 months of filing of the same.

Structure of National Green Tribunal

• Going by the enactment of the national green tribunal act, New Delhi has been chosen as the principal bench of the NGT, with regional benches in Pune (Western Zone Bench), Bhopal (Central Zone Bench), Chennai (Southern Bench) and Kolkata (Eastern Bench).
• Each Bench has a specified geographical jurisdiction covering several States in a region. There is also a mechanism for circuit benches.

Powers of National Green Tribunal

The NGT has a power to hear all civil matters which are related to environment and questions regarding the enforcement and implementation of laws which fall under the seven categories of laws namely (in order of their enactment)

1. The Water (Prevention and Control of Pollution) Act, 1974;
2. The Water (Prevention and Control of Pollution) Cess Act, 1977;
3. The Forest (Conservation) Act, 1980;
4. The Air (Prevention and Control of Pollution) Act, 1981;
5. The Environment (Protection) Act, 1986;
6. The Public Liability Insurance Act, 1991;
7. The Biological Diversity Act, 2002

• The NGT has been given the power to regulate the procedure by itself. It does not follow the principles of civil procedure code instead it follows principles of natural justice.
• The NGT also at the time of giving orders shall apply the principals of sustainable development and also the principal that the one who pollutes shall pay.
• It will have the same power as of the civil court in deciding the matter falling within these seven legal acts.
• Even the NGT will not be bound by the rules of evidence as mentioned in the Indian evidence act.
• Anything which is not covered under these seven acts the NGT is not competent to admit the suit for that matter. The major drawback of this limitation is that a person cannot approach the NGT for every environmental issue.

What are the advantages of having a tribunal like NGT?

• The major benefit with NGT is that it has a strong order enforcing mechanism. If the orders of NGT are not complied with than it has the power to impose both punishment as well as fine.
• The punishment is up to three years and the penalty is up to ten crore and for firms in can extend up to twenty five crores. Also the director or manager of the firm can be punished or penalized if it is found by the tribunal that the offence has been committed on the orders or with the consent of such officer of the firm.
• The act also provides various kinds of reliefs to the persons who are affected by the degradation of environment as the inhabitant of that particular area.  Any person who has sustained the injury can file a suit in the National Green Tribunal.
• The government or the government agencies related to environment can file a suit in place of that person like the central or the state government or the central pollution control board or state pollution control board.
• The act also provides for fast delivery of justice and the act provides that all possible efforts will be made to dispose of the case within six months from the date of filing the suit.
• The period for filing a suit with NGT is up to 5 years from the date on which the cause for compensation arose. However if the tribunal has sufficient grounds for believing that the person has reasonable cause that prevented him from filing a suit in NGT than it can extend the period for a maximum of sixty days.
• If a person is not satisfied with the orders of the tribunal he can seek the review of the decision of NGT under rule 22 of the NGT rule. And even then if he is not satisfied with the decision of the tribunal he can file an appeal to the Supreme Court of India. But the appeal has to be filed within ninety days of the orders passed by NGT.

Criticism of National Green Tribunal

Judicial independence

• It lacks judicial independence from the government. The rules of the NGT act allowed the bureaucrats to be appointed to the tribunal while holding their post in the government.
• This is problematic in the sense that a government official will never rule against the government because he is also a part of government and faces various kinds of pressure to not to rule against the central government.

Issue of funding

• The concept of Tribunals is in itself problematic as they are funded by the parent ministry and hence it exercises control over the tribunal and its decisions.

Need of Environmental experts

• The need for experts in the tribunal is also problematic concept because the NGT has to decide the question of law and does not have to do fact finding. The expert knowledge is not needed in granting compensation or awarding punishment. For this, there needs to be a knowledge of law.

Lack of resources

• The tribunal also faces a lack of resources for its proper functioning. The NGT was operating from a guest house earlier. Also the members of the tribunal were not given houses and were living in government guest house.
• The funds were decreased further without taking into consideration the fact that NGT is already suffering from lack of adequate funding.

No proper establishment

• The law commission report on the environmental courts suggested that one such court should be established in every state. But the NGT has only 5 benches.
• This has created problem for common citizens asking for justice as it is difficult to approach a court which is in different state and far from their home.
• The establishment of NGT also took away the right of civil courts to admit cases regarding environmental issues. So it is now compulsory to file the case before the NGT in these cases.
• Even a PIL cannot be filed in the High Court of the state for environmental issues as all environmental litigation shall be dealt only by the five benches of NGT. There is a need for environmental tribunal on district bases but present system is not even providing it on state basis.

Way ahead

• India is one of the very few nations in the world who give immense amount of importance to environmental conservation. There are already a number of legislations that deal with environment and forest conservation and protection. The Green Tribunal adds another feather to India’s cap.
• There have been other such bodies like the National Environment Appellate Authority (NEAA) and National Environmental Training Association (NETA) which have failed to serve the purpose they were constituted for but it will be unfair to compare them to the Green Tribunal. Failures in the past must not deter us from moving forward to new beginnings.
• For a country that has faced one of the world’s most horrifying industrial disasters, setting up a body like the Green Tribunal obviously seems to be an excellent idea. Although the Act is still facing a lot of criticism, yet its basic framework appears reassuring and it is hard to say that it is not the step in the right direction.
• It would bring about the much needed reform in the way the courts deal with environmental issues and also the way people perceive environmental damage.
• With the introduction of a legal system that supports and encourages environmental justice, the green tribunal shall make India a role model for its neighbouring nations of South-East Asia.