The world’s largest democracy not just ensures Liberty, Equality, Fraternity but also right to justice to all its citizens by a distinguished attorney – The Judiciary
With a number of local courts,tribunals and for about 672 district Courts, 25 high courts and a Supreme Court the esteemed body ventilates to safeguard the peace and harmony of the Indian sub-continent.
Justice delayed is justice denied
The downside is that 4.7 million cases are left pending in the 25 high court,out of which 19.26% cases have been left undusted for almost a decade,these numbers include bought civil as well as criminal cases.
But when it comes under the subject of environment, India has its very own national green tribunal which would provide justice within a six month span.
NGT ACT- 2010
The national green tribunal was established by the national green tribunal act of 2010 in order to safeguard the article 21 of the Indian constitution that is right to life.
The NGT will have it’s jurisdiction over any Cases related to the Environmental Protection and conservation of forests, enforcement of legal right, relief in compensation for damages to persons or property.
The tribunal’s jurisdiction consolidates the following acts :
• Water act 1984
• The water cess act 1977
• The forest act 1980
• The air act 1981
• The environmental act 1986
• The public liability Insurance Act 1991
• The biological diversity act 2002
The tribunal do not follow any technicalities after Civil Procedure of the Indian Penal Code. It will have the power of civil court. Appealable only at the Supreme Court.It will follow principle of natural justice that is principle of sustainable development by precautionary principle and polluters pay principle.
If you had to miss it’s your duty to clean up
Stands the principle. Then an identified threat of serious or irreversible damage to the environment or human health better lack of full scientific knowledge is sensed the tribunal has full power to order a stay or any such precautionary activities regarding the same.
Some Significant judgments of the NGT:
• When in the NGT sensed a huge amount of add pollution that caused a threat to life in Delhi it ordered ban on diesel cars aged up to 10 years also the further judgments on the same included a ban onregistration in new diesel cars in Delhi.
• It also slapped a German based major automobile company the Volkswagen but a fine of 500 cross for it’s cheat in diesel engine emission levels
• When it comes to the state Tamil Nadu it was NGT which stopped the neutrino Project in Salem and for the closure of the sensational sterlite in tuticorin also back in yes it does summoned the Tamil Nadu government to pay a fine of Rs100 crores for the pollution in Kuvam river and Buckingham canal in the Chennai city.
As said by Martin Luther King , ” The ultimate measure of a man is not where he stands in moments of comfort and convienience , but where he stands at times of challenges and controversy “. The National Green Tribunal is always subjected to challenges and controversy at its every step.Red Tapism in bureaucracy and prejudice and many such stones of criticizism are often thrown on NGT may it be even in its decisions made on the recent Vishakhapatnam gas leak.Lets hope the NGT overcomes its shortcomings and where there is righteousness , shall achive victory [ Yato Dharmasto Jayah ].
Srinath ,2nd year,Civil Engineering.