Presentation on Environmental Justice- National Green Tribunal

3.  INTRODUCTION OF
ENVIRONMENTAL JUSTICE
 ENVIRONMENTAL JUSTICE IN INDIA
 INTRODUCTION OF
NATIONAL GREEN TRIBUNAL (NGT)
 NATIONAL GREEN TRIBUNAL ACT
2010
 ORIGIN OF NGT
 OBJECTIVES OF NGT
IMPORTANCE OF NGT
COMPOSITION AND QUALIFICATION
OF NGT
POWERS OF NGT
PROJECTS OF NGT

4.  The term has two distinct uses with the more common usage
describing a social movement that focuses on the fair
distribution of environmental benefits and burdens.
 The other use is an interdisciplinary body of social science
literature that includes theories of the environment and
justice, environmental laws and their implementations,
environmental policy and planning and governance for
development and sustainability, and political ecology.
 Environmental justice is the fair treatment and meaningful
involvement of all people regardless of race, color, national
origin, or income, with respect to the development,
implementation, and enforcement of environmental laws,
regulations and policies.
 This goal will be achieved when everyone enjoys the same
degree of protection from environmental and health hazards,
and equal access to the decision making process to have a
healthy environment in which to live, learn and work.

5.  The social structure of a country plays an
important role in the distribution/deprivation of
environmental burdens/ benefits.
 Caste in India, like race in the US, is a significant
factor in environmental discrimination. It is the
people from lower caste groups, the untouchables,
who are being deprived of environmental benefits
and share a disproportionate burden of the
pollution.
 In spite of caste being a significant factor in
environmental discriminations, the environmental
discourses in India usually ignore or do not give
adequate consideration to this aspect.
 The academicians or scholars engaged in the field
are either intentionally or unconsciously turn a
deaf ear towards this issue.

7.  It is a specialized body established on 18-10-2010
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.
 With the establishment of the NGT, India became
the third country in the world to set up a specialized
environmental tribunal, only after Australia and
New Zealand, and the first developing country to
do so.
 NGT is mandated to make disposal of applications
or appeals finally within 6 months of filling of the
same.
 The NGT has five places of sittings, New Delhi is
the principal place of sitting and Bhopal, Pune,
Kolkata and Chennai are the other four.
 It includes enforcement of any legal right relating
to environment and giving relief and compensation
for damages to persons and property.

8.  The National Green Tribunal Act, 2010 is an act
of the Parliament of India which enables creation
of a special tribunal to handle the expeditious
disposal of the cases pertaining to the
environmental issues.
 It draws inspiration from the India’s constitutional
provision of Article 21 Protection of life and
personal liberty, which assures the citizens of
India the right to a healthy environment.
 It is an act to provide for the establishment of a
National Green Tribunal for the effective and
expeditious disposal of cases relating to
environmental protection and conservation of
forests and other natural resources including
enforcement of any legal right relating to
environment and giving relief and compensation
for damages to persons and property and for
matters connected therewith or incidental thereto.

9.  During the summit of United Nations Conference on
Environment and Development in June 1992, India
vowed the participating states to provide judicial
and administrative remedies to the victims of the
pollutants and other environmental damage.
 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 statue to apply the polluter
pays principle and the principle of sustainable
development.
 This court can rightly be called a special because
India is the third country following Australia and
New Zealand to have such a system. A Delhi
Pollution Control Committee (DPCC) works under
the act of NGT.

10.  Enable faster resolution of cases
pertaining to protection of environment
and conservation of forests.
 Disposal of the cases relating to the
environment protection and
conservation of forests and other
natural resources. All the previous
pending cases will also be heard by the
Tribunal.
 Enforcement of all legal rights relating
to the environment and environment
protection.
 Provide compensation and relief to
effected people for damage of property.

11.  The National Green Tribunal
plays a major role in the disposal
of cases related to environment
protection.
 It will dispose of cases within 6
months of the filling of cases.
 The tribunal plays a significant
role in the sustainable
development of the environment.
 According to the National Green
Tribunal, till 31-5-2020, the
Tribunal had disposed of 29760
cases and 2866 are in pending.

12.  Members of the National Green Tribunal include:
1. The Chairperson
2. Full time Judicial Members (not less than 10 and maximum 20)
3. Full time Expert Members (also not less than 10 and not more than
20)
 The Chairperson has been given the freedom on inviting any expert,
from outside, to assist the Tribunal in any particular case.
 The Chairperson is appointed by the Central Government in
consultation with the Chief Justice of India.
 Judicial and Expert Members are appointed on recommendations by
the Selection Committee.
Chairperson: A person who is or has been a Judge of the Supreme Court
or Chief Justice of a High Court.
Judicial Member: A person who is or has been a Judge of a High Court.
Expert Member: Qualification and experience in relevant scientific and
technological field or practical experience in dealing with
environmental matters.
*PICTURE SHOWN HERE IS THE CHAIRMAN OF NGT “ JUSTICE
ADARSH KUMAR GOEL”

13.  With the advent of NGT, Act all the civil
courts are barred from entertaining the matters
relating to Environmental Issues. And only
NGT has the power to hear all civil cases
relating to environmental issues and questions
that are linked to the implementation of laws
listed in Schedule 1 of the NGT Act. These
include the following:
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

15. On July 13, 2017 the National Green Tribunal prohibited
dumping of waste within 500 meters of the Ganga while
declaring an area of 100 meters from the edge of the Ganga
between Haridwar and Unnao as ‘ No Development Zone’. It
also imposed an environment compensation of Rs. 50,000 for
dumping waste in the river.

16.  The NGT on 14 February, 2018 sought the
Archaeological Survey of India’s response on a
petition which alleged inaction on the part of Taj
Trapezium Zone (TZZ). It claimed that quality of air
has deteriorated which has worsened the condition
of Taj.
 The Bench headed by Judicial member Raghuvendra
S. Rathore, directed ASI to reply by March 12. The
petitioner, Agra resident Raman, said, “Due to non-
functioning of the TZZ, there has been a rapid
decline in air and water quality in TZZ area thereby
degrading the environment around the Taj.”
 The petition had sought for directions to U.P.
government, TZZ Pollution Authority and Agra
Development Authority to ensure the compliance of
specific emission standards by motor vehicles and
compliance of latest fuel quality standards.

17.  NGT directed authorities in NCR to impose fine on
anyone caught burning wastes i.e. garbage, leaves,
plastic, rubber or other items in open areas.
 The bench noted that “it is on record” that while
burning of garbage and other waste was not only
source of pollution, it accounted for “29.4% of air
pollution, with regard to PM 10”. It also noted that
burning of waste emitted pollutants, some of which
were even carcinogenic.
WASTE SEGREGATION:
It further held that non-biodegradable waste and
non-recyclable plastic should be segregated from
the landfill sites and used for construction of roads
and embankments in all road projects.

18. A division bench of Uttarakhand High Court has declared that
rivers Ganga and Yamuna, all their tributaries, streams, every
natural water flowing with flow continuously or intermittently
of these rivers, as juristic/legal persons/living entities having
the status of a legal person with all corresponding rights,
duties and liabilities of a living person.

19. The NGT made it clear on September 14, 2017 that the ban it had imposed
on 10-year-old diesel vehicles in Delhi-NCR in 2015 is here to stay. While
rejecting the Centre’s request to modify its earlier order, NGT said that
emissions from diesel vehicles were carcinogenic. One diesel vehicle
causes pollution equivalent to 24 petrol vehicles or 40 CNG vehicles.
The order will definitely help clean Delhi’s toxic air to some extent. But
those who own old diesel vehicles will feel the pinch. The latest order not
only impacts those with diesel vehicles older than 10 years or nearing that
age but will also make it difficult to sell used diesel vehicles in Delhi-NCR.