National Green Tribunal: An Analysis

By Siddhant Sharma, Amity Law School, Jaipur.

The setting up of the National Green Tribunal (NGT) was a result of lack of expert knowledge needed to settle cases relating to environmental issues.

Indian Courts had been entertaining environmental issues by the means of writs and PILs, but the technicalities were missed by the judiciary as expert knowledge is a must to decide such cases. The rise of environmental issues increased after the very well-known interpretation of the judiciary saying that ‘Right to clean and healthy environment’ is part of our fundamental rights (the same being interpreted within the scope of Article 21 of the Constitution of India). This was when the Courts directed expert committees that if any environmental issue knocks the Court of Law, the committee would prepare a report for the court’s interpretation. But such reports of the expert committees were not interpreted in technical terms by the court of law, thus defeating the whole point of setting up such committees. (more…)

Water Policy in India: A Review

DraftNWP2012_Wordle

Water is the most precious resource on earth still it remains a myth to our existence, being one of the most abundant resources on earth but less than 1 percent of the total supply is reliably available for human consumption. Portable-water is essential for human survival but water-related illnesses are the most common health threat in the developing world. An estimated 25, 000 people die every day as a result of water-related diseases Human existence depends on water. Water interacts with solar energy to determine climate and it transforms and transports the physical and chemical substances necessary for all life on earth. Competition among agriculture, industry and cities for limited water supplies is already constraining development efforts in many countries including India. As populations expand and economies grow, the competition for limited supplies is most likely to intensify, resulting in potential conflict situation among water users in days to come. Despite shortages of water, its misuse is widespread, be it in small communities or large cities, farmers or industries, developing countries or industrialized economies everywhere the mismanagement of water resources is evident. Surface water quality is deteriorating in key basins from urban and industrial wastes.  (more…)