Model Answer
0 min readIntroduction
India’s environmental jurisprudence historically relied on conventional courts for resolving environmental disputes, often leading to delays and complexities. The National Green Tribunal (NGT) Act, 2010, was enacted to provide a specialized forum for effective and expeditious environmental justice. This Act marked a significant shift in environmental governance, aiming to streamline the process of addressing environmental issues, including those pertaining to forest conservation. The NGT’s mandate encompasses the protection of forests, wildlife, and biodiversity, making it a crucial institution in safeguarding India’s natural heritage. Its establishment was a response to the growing need for a dedicated body capable of handling the increasing number of environmental cases.
Provisions of the NGT Act, 2010 Relevant to Forest Conservation
The NGT Act, 2010, empowers the Tribunal to hear all cases relating to environmental protection and conservation of forests and wildlife. Key provisions include:
- Section 14: Grants the NGT original jurisdiction over cases relating to substantial questions relating to environment, including forest conservation.
- Section 16: Allows for the filing of applications by any person, including suo motu action by the NGT itself, regarding environmental damage.
- Section 20: Provides for the NGT to issue directions, orders, and reliefs, including restraining activities that are detrimental to the environment.
- Section 26: Stipulates that the NGT’s orders are executable as decrees of a civil court.
The Act covers a wide range of issues, including illegal mining, deforestation, pollution, and damage to biodiversity, all of which directly impact forest conservation.
Positive Impacts on Forest Conservation
The NGT has demonstrably impacted forest conservation in several ways:
- Faster Dispute Resolution: The NGT’s specialized focus has led to quicker resolution of environmental disputes compared to traditional courts. For example, cases related to illegal mining in the Aravalli range were expedited, leading to stricter enforcement of mining regulations.
- Increased Accountability: The NGT has held government agencies and private entities accountable for environmental damage. Numerous orders have been issued directing polluters to pay compensation for environmental degradation.
- Proactive Measures: The NGT has taken suo motu cognizance of environmental issues, prompting proactive measures for forest conservation. For instance, it intervened in cases of unauthorized construction in forest areas.
- Public Participation: The NGT’s accessibility and simplified procedures have encouraged public participation in environmental governance.
Challenges and Limitations
Despite its successes, the NGT faces several challenges:
- Enforcement Issues: Enforcement of NGT orders remains a significant challenge, often hampered by bureaucratic delays and lack of political will.
- Resource Constraints: The NGT often lacks adequate resources, including manpower and infrastructure, to effectively monitor and enforce its orders.
- Limited Appellate Jurisdiction: Appeals from the NGT lie directly with the Supreme Court, which can lead to a backlog of cases.
- Lack of Awareness: Awareness about the NGT and its procedures remains limited among the general public, particularly in rural areas.
- Conflict with State Powers: There have been instances of friction between the NGT and state governments regarding jurisdiction and the implementation of orders.
Case Studies
M.C. Mehta v. Union of India (Aravalli Hills Case): The NGT played a crucial role in enforcing a ban on illegal mining in the Aravalli hills, leading to significant improvements in forest cover and biodiversity. The NGT directed the state governments to restore the mined areas and prevent further illegal activities.
Goa Foundation v. Union of India (Iron Ore Mining Case): The NGT intervened in the case of illegal iron ore mining in Goa, leading to the suspension of mining operations and the imposition of environmental safeguards. This case highlighted the NGT’s power to address large-scale environmental damage.
| Aspect | Before NGT (Pre-2010) | After NGT (Post-2010) |
|---|---|---|
| Dispute Resolution Time | Lengthy, often years | Relatively faster, months to a year |
| Specialized Expertise | Limited in conventional courts | High, with experts in environmental law and science |
| Public Participation | Restricted | Enhanced, simplified procedures |
Conclusion
The National Green Tribunal Act, 2010, has undoubtedly strengthened forest conservation in India by providing a specialized and efficient forum for environmental justice. While challenges related to enforcement, resource constraints, and awareness persist, the NGT has proven to be a valuable institution in safeguarding India’s forests and biodiversity. Strengthening the NGT’s enforcement mechanisms, increasing its resource allocation, and promoting public awareness are crucial steps to further enhance its effectiveness in protecting India’s environmental heritage. A collaborative approach involving the NGT, government agencies, and local communities is essential for sustainable forest conservation.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.