Sanskriti TrivedyAIR 17 · CSE 2024 · 263 wordsTheir whole copy
Opening · a definition
NGT is a statutory body under NGT Act 2010 that gives an alternative route to environmentel laws to ensure true right to clean environment as per article 21.
Body · points
NGT - successful in environmental justice
- Its alternative justice approach has made courts accessible.
- Taken suo motu cases against issues (e.g. Delhi's coal fired plants pollution).
- As it is a tribunal - also has experts to have meaningful judgements.
- As it is driven by Principles of Natural Justice and not strict provisions as per CrPc, IPC, more approachable.
- Faster resolution of disputes also gives relief to courts that have huge pendency (4.9 cr cases CPCB).
- Appeals have been allowed thus respite exists.
But NGT - has shortcomings:
- Appeals only in Supreme Court within 90 days - thus burden on Supreme court and also lesser time to file appeals.
- Certain laws are exempted like WPA 1972, BDA 2002 - thus limited number of cases.
- Criticised as being limited to urban elite cases and misses touch from grassroots (e.g. tribal rights due to mining).
- NGT can give only rulings and kan't ensure that its rulings are implemented have to depend on law mechinery.
In this situation solution:
- NGT to research and collaborate more with experts and indigenous communities.
- The appeal period should be expaded.
- Grassrot movements have to form a voice.
Close · a way forward
As per Ranjit Singh case (2024), clean environment is a basic fundemtal rights. As our environmetal movements gets consciomness - need for NGT to act as a bulwark of justice.