Green tribunal act can’t avert environmental calamities

The recently enacted National Green Tribunal Act to “adjudicate substantial questions of the environment, and award civil penalties” has been criticised by the environmental activists.

Because of its seriously-flawed provisions, they said in a workshop on Saturday, the act would not be able to deter man-made environmental disasters like the Bhopal Gas tragedy in the future. The workshop was held at the Tata Institute of Social Sciences. 

“The act is not based on the absolute liability principle and environmental disasters like the Bhopal Gas tragedy can always recur as the polluters can get away easily,” said Supreme Court advocate Sanjay Parikh. “Thus, the question is whether the essence of the preamble is reflected in the act.”

N Venkatachala, chairperson of the National Environment Appellate Authority of India, complained: “It (the act) is only an effort to cheat the people.” 

However, representative of the ministry of environment and forests, MA Khan, who also attended the workshop, defended the Act. “It may not be a perfect act, but it is a good act,” he said. He pointed out the fact that ten recommendations for modification of some provisions of the act have already been accepted. 

The activists, many of them lawyers and environment experts, however, were unrelenting. Krishnedu Mukherjee, an advocate from Goa, said: “The crucial problem with this act is the issue of access to justice for the poor and helpless, the major victims of environmental disasters. There is no provision which aids them.” 

The National Green Tribunal Act 2010 was approved by the president on June 2, 2010. It provides for the establishment of National Green Tribunal, a special fast-track court for speedy disposal of environment-related civil cases.