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National Green Tribunal Act, 2010: A Critical Appraisal


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1 Hidayatullah National Law University, Raipur (C.G), India
     

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The species, Homo sapiens (human beings) appeared late in the Earth's history. Nevertheless, they were able to modify the Earth's environment as a result of their activities. The early human beings lived in harmony with the environment. It was only when the human population started increasing and technology improved and expanded that the various kinds of population related to the environment arose. In the developing country like India increasing need for food and firewood has resulted in deforestation and cultivation of steep slopes, causing severe erosion. The ozone layer that shields us from the sun's harmful ultraviolet rays is being damaged by the increasing use of industrial chemicals called the chlorofluorocarbons (CFCs) that are extensively used in refrigerators, air conditioning, cleaning solvents, packing materials and aerosol sprays. The more people there are in an urban area, the more the cities tend to sprawl and thus, there is an increase in the use of vehicles. Vehicle exhausts release a mixture of chemicals including carbon monoxide, sulphur dioxide, nitrogen oxides and hydrocarbons that adversely affects the environment. The Central Pollution Control Board (CPCB) of the Government of India maintains records of atmospheric pollution levels in many cities around the country. These data show that in many cities, air pollution reaches unacceptable levels on several days of the year. The World Health Organization has classified Delhi as one of the ten most polluted cities in the world. Largely the industrial, agricultural and domestic activities are responsible for deteriorating the environmental quality. Thus, proper enforcement of regulatory measures is required for deteriorating the environmental quality.
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  • http://www.cseindia.org/node/2900

  • http://earth911.com/news/2010/10/21/india-sets-up-greentribunal- to-try-environmental-crimes/

  • http://www.downtoearth.org.in/content/national-green-tribunalstays- thermal-power-plant-gujarat

  • http://www.downtoearth.org.in/content/green-tribunal-suspendsenvironment- clearance-scania-sponge-iron-plant-raigarh

  • http://inece.org/conference/9/papers/Bakshi_India_Final.pdf

  • http://inece.org/conference/9/papers/Bakshi_India_Final.pdf

  • The Act, in Section 1(2), stipulates that it shall come into force on such date as the Central Government by notification in official Gazette appoint. The Central Government has not yet issued any notification in this regard.

  • Article 21 reads: “No person shall be deprived of his life or personal liberty except according to procedure established by law.”

  • The Environment Tribunal under this Act has not been established.

  • Jairam Ramesh, Union Minister of State for Environment and Forests told Rajya Sabha that the tribunals principal bench will beat Bhopal, Times of India, May 6, 2010.

  • See Section 29 of National Green Tribunal Act.

  • See Section 19 (1) of National Green Tribunal Act

  • It is a generic term for any tradable certificate or permit representing the right to emit one tone of carbon dioxide or the mass of another greenhouse gas with a carbon dioxide equivalent to one tone of carbon dioxide

  • Is enacted to make the party responsible for producing pollution responsible for paying for the damage done to the natural environment

  • Is a pattern of growth in which resource use aims to meet human needs while preserving the environment so that these needs can be met not only in the present, but also for generations to come

  • See section 16 of National Green Tribunal Act.

  • See section 15(1) of National Green Tribunal Act 2010.

  • Article 21of the Indian Constitution

  • Rural Litig. & Entitlement Kendra v. State of Uttar Pradesh, A.I.R. 1985 S.C. 652

  • 1985(1) S.C.A.L.E. 408.

  • Propounded in the case of Ryland v. Fletcher (1868) LR 3 HL 330

  • A.I.R. 1987 S.C. 965

  • M.C. Mehta v. Union of India, A.I.R. 1987 S.C. 965

  • Andhra Pradesh Pollution Control Bd. v. M.V. Nayudu (1999) 2 S.C.C.

  • Law Commission of India, 186th Report on Proposal to Constitute Environment Courts 142 (2003), http://lawcommissionofindia.nic.in/reports/186th%20report.pdf.

  • Section 18(3), National Green Tribunal, 2010

  • Section 26(1), National Green Tribunal, 2010

  • Section 27, National Green Tribunal Act

  • Nivit Kumar Yadav National Green Tribunal A new beginning for environmental cases Centre for Science and Environment.htm

  • Dr Abraham P Meachinkara, Advocate, High Court, Kerala.


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  • National Green Tribunal Act, 2010: A Critical Appraisal

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Authors

S. Shubhang
Hidayatullah National Law University, Raipur (C.G), India

Abstract


The species, Homo sapiens (human beings) appeared late in the Earth's history. Nevertheless, they were able to modify the Earth's environment as a result of their activities. The early human beings lived in harmony with the environment. It was only when the human population started increasing and technology improved and expanded that the various kinds of population related to the environment arose. In the developing country like India increasing need for food and firewood has resulted in deforestation and cultivation of steep slopes, causing severe erosion. The ozone layer that shields us from the sun's harmful ultraviolet rays is being damaged by the increasing use of industrial chemicals called the chlorofluorocarbons (CFCs) that are extensively used in refrigerators, air conditioning, cleaning solvents, packing materials and aerosol sprays. The more people there are in an urban area, the more the cities tend to sprawl and thus, there is an increase in the use of vehicles. Vehicle exhausts release a mixture of chemicals including carbon monoxide, sulphur dioxide, nitrogen oxides and hydrocarbons that adversely affects the environment. The Central Pollution Control Board (CPCB) of the Government of India maintains records of atmospheric pollution levels in many cities around the country. These data show that in many cities, air pollution reaches unacceptable levels on several days of the year. The World Health Organization has classified Delhi as one of the ten most polluted cities in the world. Largely the industrial, agricultural and domestic activities are responsible for deteriorating the environmental quality. Thus, proper enforcement of regulatory measures is required for deteriorating the environmental quality.

References