Judiciary act

download Judiciary act

If you can't read please download the document

description

judiciary act to protect environment

Transcript of Judiciary act

  • 1. Role of Indian Judiciary in Environmental Protection judicial and Quasi Judicial Bodies for Environmental Protection are the Courts or Authorities established under various environmental Protection Legislations for interpretation and effective implementation of these statutes. Supreme Court of India High Courts District Courts and Subordinate Courts National Green Tribunal National Environmental Appellate Authority Central Pollution Control Board State Pollution Control Boards State Biodiversity Board Chief Forest Conservators Factory Inspectors District Collectors Executive Magistrates Supreme Court of India Public Interest Litigation (PIL) under Article 32 of the Constitution, Special Leave Petition under Article 136, High Courts PIL under Article 226, Petitions Under Article 227 District Courts and Subordinate Courts Suits for Injunction under C.P.C. and Specific Relief Act. Indian Penal Code : Section 268, Public nuisance S. 269: to spread the infection of any disease dangerous to life S. 272. Whoever adulterates any article of food or drink S. 277. Whoever voluntarily corrupts or fouls the water of any public spring S.278. Whoever voluntarily vitiates the atmosphere S.284. negligently handling poisonous substance. National Green Tribunal The National Environmental Tribunal Act, 1995 To grant compensation in case of death or any other injury caused due to the Act of environmental Pollution of anyone. The National Green Tribunal (NGT) was officially notified on 19.10,10 with its Chairperson, Mr. Justice Lokeshwar Singh Panta taking charge of his office here. First Green Tribunal commences on 19/10/2010 i.e. just a day before, by passing another statute the Green Tribunal Act 2010. National Environmental Appellate Authority to hear appeals with respect to restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out. Central Pollution Control Board (Ministry of Environment and Forest, Govt. of India)

2. Parent Authority under many environmental Legislation like: The Water (Prevention and Control of Pollution) Act, 1974 The Air (Prevention and Control of Pollution) Act, 1981 The Environment (Protection) Act, 1986 Hazardous Wastes (Management and Handling) Rules, 1989 The Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989 Manufacture, Storage and Import of Hazardous Chemical (Amendment) Rules, 2000 - Draft Notification Bio-Medical Waste (Management and Handling) Rules, 1998 Municipal Solid Wastes (Management & Handling) Rules, 2000 Battery (Management and Handling) Rules, 2000. The Noise Pollution (Regulation and Control) Rules, 2000 Re-cycled Plastics Manufacture and Usage Rules, 1999 Ozone Depleting Substances (Regulation) Rules, 2000 Maharashtra Pollution Control Board To perform such functions as directed by the Central Board In Maharashtra 12 Regional Offices (RO) are established of which One is Nagpur Factory Inspectors are appointed under Factories Act 1948 are also responsible for taking action against any factory, if occupier is found not having in operation any instrument installed for protection of environment by reducing pollutant from effluents or emission from factory. District Collectors are held responsible under The Public Liability Insurance Act, 1991 to keep the District pollution free, on this issue in the historic case on environmental pollution, Ratlam Municipality, Honble Supreme Court Held that District Collector can not take plea of shortage of funds to avoid his responsibility of keeping healthy environment, free of pollution. Conclusion Enough legislative Measures are taken in India for environmental Protection. Judicial and Quasi Judicial bodies established under these Act are working satisfactorily. Adequate public awareness measures are taken at all level KG to PG Almost 50% of Indian is still living in absolute poverty this fact should also be given due wait while addressing environmental issues. Just be Aware 3. judiciary plays the vital role in the protection of environment:- One of the main developments in the Indian Judiciary is the Public Interest Litigation (PIL). It is the new jurisprudence and is called "Jurisprudence of Masses". It is started in the year 1970. Writ petitions in the form of PILs have been accepted by the High Courts under Article 20, Article 47, Article 32 is right to constitutional remedies and Article 226 (Power of High Courts to issue certain writs) of the Indian Constitution. The PILs got constitutional sanction in the 42nd Constitution Amendment Act 1974, which introduced Article 39-A in the Indian Constitution to provide equal justice and free legal aid. The PIL encouraged the affected individuals (affected by any project), public minded individuals, voluntary organizations, NGOs; Judges on their own, to start without paying any court fees. Due to PILs, many landmark judgments are published. Many authorities are observing the works of the Govt., whether court orders of PILs are carrying out or not. PIL of court indicates a person, authorities or Govt., to work morally Examples of the Sources of PIL: 1. The creation of authorities for the regeneration of the Aravalli Range Protection of the Doon Valley and the protection of the coastal zones from prawn culture. 2. Supreme Court Chief Justice Ranganath Mishra directed the Govt., to include the environment at all levels of education. It is very positive and most important outcome of a PIL. 3. In the prawn culture matter, the precautionary principle in polluter must pay have been introduced in the Supreme Court's order. 4. Some green minded Judges are Justice Krishna Iyer, Justice Bhagwati, Justice Kuldip Singh and Justice Ranganath Mishra. They are always in favor of environmental protection. Green benches have been created in some High Court to exclusively hear environmental cases. 5. Advocate M.C. Mehta has earned the international fame by working in the environmental protection. He is a justice of Supreme Court. He has been awarded the prestigious Magsaysay Award. 4. Statutes Enacted in India Pursuant to the International Environmental Law In India many important environmental statutes have been enacted to ratify or to fulfill national obligations under the international environmental treaties, conventions and protocols etc. Hereinafter, an effort has been made to present a table which contains a list of international environmental laws and relevant Indian environmental statutes showing close linkages between the same. S.No. International Environmental Laws Relevant Indian Environmental Statutes 1. The Stockholm Conference, 1972 The Air Act, 1981 2. The Stockholm Conference, 1972 The Environmental Protection Act, 1986 3. The Rio Conference, 1992 The Public Liability Insurance Act, 1991 4. The Rio Conference, 1992 The National Environmental Tribunal Act, 1995 5. Convention of Biological Diversity, 1992. The Biological Diversity Act, 2002 6. Convention of International Trade in Endangered Species of Wild Fauna and Flora, 1973. The Wild Life Protection (Amendment) Act, 2002 Although the detailed discussion on executive ratification or legislative exercise in India, in pursuant to the international environmental obligations, is outside the main objective of this article. Yet, it would be relevant to briefly point out, with approval, the stand taken by Prof M.K. Ramesh that in India such ratification or enactment has often been done either without necessary national preparation or under compulsion to conform to the conditionalities of international financial institutions like World Bank.1 The ratification or enactment of environmental statues in 5. India, without real commitment to implement the same by the executive, has resulted into judicial interventions and activism in the field of environmental law. 4. International Law and Indian Courts 4.1 Role and Status of the Indian Judiciary The role of judiciary depends on the very nature of political system adopted by a particular country. This is the reason that role of judiciary varies in liberal democracy, communist system and countries having dictatorship. The role of judiciary has been important in liberal democracies like India. Constitution of India in fact took inspiration from US Constitution and therefore adopted similar concept of judicial review. In independent India, history of judiciary, judicial review and judicial activism has been a fertile area for legal researchers. It is now a well established fact that, in India, in view of legislative and executive indifferences or failures, the role of judiciary has been crucial in shaping the environmental laws and policies. The role of the Indian Supreme Court may be explained quoting the views of Professor S.P. Sathe and Professor Upendra Baxi two leading academics who have extensively written on the role of judiciary in India. Professor Sathe has analyzed the transformation of the Indian Supreme Court "from a positivist court into an activist court". Professor Upendra Baxi, who has often supported the judicial activism in India, has also said that the "Supreme Court of India" has often become "Supreme Court for Indians".2 Many observers of the Indian Supreme Court including Professor Sathe and Baxi have rightly opined that the Indian Supreme Court is one of the strongest courts of the world.3 Power and judicial activism of the Indian courts have resulted into a strong and ever expanding regime of fundamental rights. Stockholm Conference on Human Environment, 1972, has generated a strong global international awareness and in India it facilitated the enactment of the 42nd Constitutional Amendment, 1976. This amendment has introduced certain environmental duties both on the part of the citizens [Article 51A (g)] and on the state (Article 48-A). 6. Under the constitutional scheme the legal status of Article 51(A)-(g) and 48-A is enabling in nature and not legally binding per se, however, such provisions have often been interpreted by the Indian courts as legally binding. Moreover, these provisions have been used by the courts to justify and develop a legally binding fundamental right to environment as part of right to life under Article 21.4 Hereinafter, an effort has been made to demonstrate that how both the 'soft' and 'hard' international environmental laws have been used by the Indian courts to develop a strong environmental jurisprudence in domestic law. The judicial adoption of international environmental law into domestic law in India has not been done overnight rather it has been gradual. In order to understand the judicial process of such adoption the present discussion can be divided into the following three periods5 : First period of Judicial Adoption (1950-1984) Second period of Judicial Adoption (1985-1995) Third period of Judicial Adoption (1996 onwards)