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)
• 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, Hon’ble 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………

“ALL IS WELL”
THANK YOU…..

The  author can be reached at: ravimor@legalserviceindia.com