RAJIV GANDHI NATIONAL

UNIVERSITY OF LAW, PUNJAB

POLITICAL SCIENCE PROJECT

TITLE: - A CRITICAL REVIEW OF THE MAJOR

ENVIRONMENTAL LEGISLATIONS IN INDIA

Submitted By: - Submitted To:-

Rohan Gera Dr. Saurav Sarmah

Roll No: - 20130 Asst. Professor of Political Science

Section: - B RGNUL
 BONAFIDE CERTIFICATE

This certificate is to declare that this project-based upon “A CRITCIAL REVIEW OF THE
MAJOR ENVIRONMENTAL LEGISLATIONS IN INDIA” is an original work of Rohan
Gera, a student of BA.LLB 2nd year, who is a bonafide student of the Rajiv Gandhi
National University of Law, Punjab.

SIGNATURE

Rohan Gera
 ACKNOWLEDGEMENT

The success and ultimate result of this undertaking required a great deal of direction and
help from numerous individuals and I am amazingly advantaged to have this from the very
scratch of this task.

I respect and express my gratitude to Dr. Saurav Sarmah, for providing me an opportunity
to do the project work in RGNUL and giving us support and guidance which made me
complete the project duly.

I am thankful for and fortunate enough to get constant encouragement, support, and
guidance from all Teaching staff that helped us successfully complete our project work. I
extend my thanks to all the staff members of the IT lab and library who supported my
research process.

Rohan Gera
 TABLE OF CONTENTS

A. Cover Page.....................................................................................................................01

B. Bonafide Certificate.......................................................................................................02

C. Acknowledgement..........................................................................................................03

D. Table of Contents...........................................................................................................04

1. Introduction...............................................................................................................05-07

1.1 Sustainable Development......................................................................................06-07

2. The Wildlife Protection Act 1972............................................................................08-13

2.1 Basic Information and Features..........................................................................08-11

2.2 Critical Analysis....................................................................................................11-13

3. The Biological Diversity Act 2002............................................................................13-16

3.1 Introduction and Salient Features......................................................................13-14

3.2 Critical Analysis...................................................................................................14-16

4. The National Green Tribunal Act 2010..................................................................16-20

4.1 Introduction and Salient Features......................................................................16-18

4.2 Critical Analysis...................................................................................................18-20

5. Conclusion.......................................................................................................................20
1. Introduction

“There is enough for everyone’s needs, but not for everyone’s greed,” Mahatma Gandhi
declared in a now-famous quote.1 Its widespread use is due to solid cause. Our "must-have,
must-buy" economy is depleting the earth's resources at an unprecedented rate, as Gandhi
said three-quarters of a century ago. He also cautioned against other countries adopting
western industrial capitalism. What exactly he contended was that there might be sufficient
resources on the plant that could be used to satisfy an individual's needs only to the extent
of fulfilling his requirements and not something way beyond it. Individually, the term
"environment" refers to the totality of the physical globe, which includes the world's land
masses, oceans, and atmosphere. The phenomenon of growth and change in human social,
political, and economic systems is referred to as development. In developing countries,
where one or more natural resources are used to foster economic growth, the two concepts
have typically collided. The intersection between to the two in the extreme case has led to
an environmental crisis. Moreover, over 30 years have passed since the report of the World
Commission on Economic Development which provided for a sustainable development
and way of life which not only tackled the present environmental concerns but also
discussed the prospect of social security for the coming generations. Anthropogenic
operations have never been more brutal and insensitive to the environment than in the
present era of scientific and technological breakthroughs, driven by uncontrolled
consumerism and unsustainable production and consumption practises. The environment
has obviously emerged as one of the major challenges, if not the most important issue we
face today. Environmental and societal systems have been overwhelmed as a result of an
extraordinary increase in human population. The fundamentals of international security are
at jeopardy. Only competent direction, awareness, education, transfer of advanced
technologies, study, conservation, and sustainable use of biological diversity can help
in overcoming such challenges.The most important task is to develop an environmental
ethics that establishes an acceptable account of nature's intrinsic worth. The preambular
assertion made during the Earth Summit in 1992 accurately expressed the worldwide
environmental concern, wherein most of the world's governments formally committed
themselves to pursuing economic development in methods that respect the Earth's
environment and non-renewable resources through treaties and other protocols signed at
the summit. The Rio Declaration on Environment and Development established 27 broad,
nonbinding principles for ecologically sustainable development. Agenda 21 offered global
initiatives for environmental clean-up and development that is environmentally friendly.2
The major documents on which certain strategies were agreed upon included CBD and

1 https://www.theguardian.com/sustainable-business/blog/relevance-gandhi-capitalism-debate-rajni-
bakshi#:~:text The world has enough,quarters of a century ago.

https://www.drishtiias.com/important-institutions/drishti-specials-important-institutions-national-
institutions/national-green-tribunal-ngt
UNFCCC( Global Warming Convention) which provided for protection and inventory of
the endangered species and reduction of greenhouse emissions basically, carbon dioxides,
methane, etc respectively. The member states also decided to develop Sustainable
Development Goals, built upon the foundations laid by the Millennium Development
Goals laid by the United Nations Organisation and also approved a ten-year structure of
programmes and strategies for sustainable consumption and production patterns.3

1.1 Sustainable Development

According to the Brundtland Report of 1987, sustainable development is defined as

development which fulfils the current demands without jeopardising future generations'
ability to satisfy their own needs. Sustainable development, in the new modern world
order, is the combination of economic, social, and environmental development as
interrelated and mutually supporting foundations operating at the local, national, regional,
and international scales. Sustainable development has four aspects: society, environment,
culture, and economics, all of which are interwoven rather than distinct. Sustainability is a
way of thinking about the future that balances environmental, sociological, and economic
concerns in the quest of a higher standard of living.4

There are two fundamental principles related to sustainable development that an individual
must have knowledge of and it also serves as a foundation of development taking in
consideration the environment. These principles are inter-generational and intra-
generational equity. The notion of intergenerational equity states that natural resources
must be preserved for future generations' benefit. Intragenerational equity refers to the
equitable use of natural resources by one state, which indicates that one state's use must
consider the needs of other states. In claiming the products of the planet and regulating and
directing nature, we must recognise our own limitations.5

Environment also serves as a foundation for the development process where a good
development entails; increasing productivity; empowerment of the poor and secluded
communities, reduction and management of risks and; having a long-term perspective.
Only by way of sustainable management of resources, be it financial, natural, social, etc,
the objective of long-term development can take place. In most of the developing countries
where the livelihood of the communities depend on natural resources, and moreover if
consider statistics, the 26% income of the developing and under-developing countries is a
result of natural resources. Thus, such resources require effective management as

2 https://www.britannica.com/event/United-Nations-Conference-on-Environment-and-Development

3 https://sustainabledevelopment.un.org/rio20

4https://en.unesco.org/themes/education-sustainable-development/what-is-esd/sd#:~:text=Sustainable
%20development%20is%20the%20overarching,to%20meet%20their%20own%20needs.%E2%80%9D

5http://www.legalservicesindia.com/article/1392/The-Concept-Of-Environment-And-Development-In-The-
Era-Of-Globalisation.html
agriculture, fisheries, forestry, tourism, and minerals are just a few of the industries that
give significant economic and social advantages to people. The major problems that
persists is that of management and only sustainable development can provide and effective
framework for the management of economic and human development and simultaneously
protecting the resources for its optimum functioning with the passing of years. The
relationship between the environment and development must be explored further in order
to achieve sustainable development. It's also crucial to think about the goal of
development, i.e. human well-being. The concept of human well-being has been
fundamental to the policy debate as perspectives on development have evolved.

There are certain limitations to sustainable development. Despite improvements in

environmental governance and a better knowledge of the linkages between the
environment and growth, genuine advancement for achieving sustainable development has
been marginal. Many nations continue to develop policies that address environmental,
economic, and social challenges separately. The incapacity to connect environment and
development in decision-making persists. As a result, development initiatives frequently
overlook the importance of preserving the environmental programmes that facilitate long-
term development objectives.

Another limitation that can be attributed to sustainable development is the lack of

awareness among the people as in most industrialised communities, there is little
understanding that the food on the table is a product of biological diversity. This deficiency
of awareness exacerbates the issue that ever increasing demands on the world's resources
to meet contemporary life's needs are causing biological diversity to be overused. The
greatest task that humanity has, then, may be to either restrain excessive demands and
return over-used resources to sustainable bounds, or to discover substitutes for these
resources. Failure to protect and use biological diversity in a sustainable way will result in
degraded habitats, new and more widespread diseases, greater poverty, and a trend of
unequal and unsustainable growth. 6

2. Wildlife Protection Act 1972

2.1 Introduction and Features

The Wildlife Protection Act of 1972 builds a chain of ecologically significant protected
areas and offers protection to specified species of flora and fauna. The Act is organised
into eight chapters and contains 60 sections and VI schedules. The Wildlife Protection Act
of 1972 gives the federal government and provincial legislatures the authority to declare
any place a wildlife sanctuary, national park, or closed area. There is a general prohibition
on conducting any industrial operation within these protected zones. It establishes
organizations to manage and enforce the Act, as well as to govern wild animal hunting,

6 ibid
protect specific plants, sanctuaries, national parks, and closed areas, limit trade or
commerce in wild animals or animal products, and deal with other issues.

There have been several amendments to this specific Act. For example, 1982 amendment
allowed the capture and transport of wild animals for the purpose of scientific animal
population management; 1991 added another chapter that helped in protection of specified
plants in addition to regulation of zoos along with a near-prohibition on hunting and; 2002
amendment which was one of the prominent amendment that provided for the forfeit of
properties obtained via illicit hunting and trafficking, as well as the creation of
conservation reserve management committees and community reserve committees by the
establishment of the concept of cooperative management.7

Evolution and Development of Wildlife Protection in India

In ancient India, the protection and conservation of environment was considered to be a

moral duty that was provided by the religious scriptures, seers,etc. Since it was the first
living entity on the planet, Matsya was regarded as the go. Cows were revered as gods.
Certain birds and animals were thought to be gods' vehicles. Certain trees, such as the
Banyan and Tulsi, were thought to be the homes of the gods. Arthashastra provided for
penalty for killing of animals and severing of banyan tress as well as King Ashoka
outlawed the slaughter of wild animals, and later outlawed the slaughter of certain animal
species.

The Wild Birds Protection Act, 1887, was the first such regulation enacted by the British
Indian Government in 1887. The regulation was intended to make it illegal to own and sell
certain wild birds that had been captured or killed during a nesting session. Another is the
Elephant Preservation Act of 1889, which made it illegal to kill, injure, or capture
elephants, or to attempt to do so, unless it was in self-defence, as authorized by a licence,
or when the elephant was found causing damage to a dwelling or crop. Hunting in reserved
and protected forests, as well as other permitted facilities or Sanctuaries, was restricted by
the Indian Forest Act of 1927 during the British period.

The strategies and intentions of governments toward environmental conservation changed

dramatically in the post-independence era. Many laws were passed to safeguard the forest,
environment, water, air, and biological diversity. There were many provisions incorporated
in the Indian Constitution, mainly: -

 Article 21 of the Constitution which implicitly provides the freedom of a pollution

free environment can also be included in this category

7 https://www.legalserviceindia.com/articles/It provides for authorities to,animal articles and

miscellaneous matters.
  Article 48A of India's Constitution mandates that the government to protect and
enhance the natural environment, as well as protect wildlife and forests which was
added by the 42nd Constitutional Amendment Act of 1976.

 Article 51A puts some essential responsibilities on the Indian people. One of them
is to care for and safeguard the natural environment, which includes woods, lakes,
rivers, and wildlife, as well as to have empathy for all living things.

Major legislations have been passed regarding environment conservation and protection in
the post-independence period mainly the Wildlife protection Act 1972, The Forest
Conservation Act 1980, The EPA 1986, Biological Diversity Act 2002 and the National
Green Tribunal Act 2010 along with certain projects such as Project Tiger (1972-73) and
Project Elephant (1992).

Salient Features of the Act: -

 The act is applicable to the whole territory of India including the State of Jammu
and Kashmir after passing of the J&K Reorganisation Act w.e.f 31st October 2019.

 Wildlife is defined as any animal, bees, butterflies, crustaceans, fish, and moths, as
well as aquatic or land vegetation that forms part of any environment, according to
Section 2(37) of the Act. As a result, the term "wildlife" in this Act has a very
broad definition, encompassing all types of flora and fauna.8

 The Act established six schedules that provided differing levels of protection to
different types of flora and animals.Schedules I and II (Part II) are given absolute
protection, and offences committed under these schedules are subject to the
harshest punishments. Species that can only be hunted on specified grounds are
also included in a few schedules with a complete ban on hunting of endangered
species.

 It assisted India in joining the Convention on International Trade in Endangered

Species of Wild Fauna and Flora (CITES) (CITES). It is an international pact
aimed at conserving vulnerable plants and animals.

 Licenses are required for the sale, transfer, and possession of certain wildlife
species under the Act.

 The National Board for Wildlife, presided by the Prime Minister of the country,
was established as a statutory organisation under the stipulations of this Act as an
advisory panel that provides advice to the national govt on matters of wildlife
conservation in India and also represents as an apex body to review and authorise
all matters related to wildlife, including national park and sanctuaries projects,

8ibid
 M. Krishnan. “The Wild Life
among others. The(Protection) Act of 1972:
Board's primary A Critical
objective Appraisal.”
is to Economic
enable the and Political
conservation and
Weekly, vol. 8, no. 11, 1973, pp. 564–66, http://www.jstor.org/stable/4362432. Accessed 22 Apr.
2022. protection of wildlife in India. 9

2.2 Critical Analysis

How exactly has been the performance of the Wildlife Protection Act? has there been any
upgrades as to the conservation and protection of wildlife or the situation if far more
discouraging in the protection and preservation of our dwindling flora and fauna? The
requirement for such a central act is evident, though not urgent. We don't have a unified or
even integrated national wildlife policy: we do have a National Forest Policy, which was
developed long after independence and is more honourable in the contravention than in the
adherence, and is almost completely devoid of sanctity in light of the fact that we don't
have a any national forest. Moreover, after independence, there were no effective measures
to control forests as it lacked a common policy among the presidencies and British-
controlled areas. What exactly was the situation was that forests were officially defined as
a state matter in the Constitution, and each state has sovereignty over its forests areas. This
didn’t mean that the states were to decide the strategies which served the best interests of
their forest areas and the central government was to serve in an advisory position only.
Rather, the final mandate and decisive power in the administration or mismanagement of a
state's forests somehow doesn't rely on the intellect of a technically skilled department, but
on the secretariat above it, the ministers in office, and, of course, the politicians and the
people; it means that the state Forest Dept, which is only a government department, is
doing what the party in government guides it to do, though it is no doubt consulted in all
matters. This here questions the integrity and independence of the officials of the
government as the decision making power is not completely independent rather involves
the involvement of the members of the state government and even records the say of
different politicians and party leaders.10

(i) Since statutes must be interpreted strictly, it is an accepted legal concept that its
explanation of objectives, definitions, prescriptions, and schedules must be unmistakably
clear and precise. There is some sort of redundancy in the text which is vague and needs to
be reconsidered. The term 'animal' is described in section 2(1) to "incorporate amphibians,
birds, mammals, and reptiles"; however, the scientific, and even the accepted statutory,
extent of the phrase is so much broader; only in layman language is the term 'animal' used
to identify 'mammal,' and empirically all living creatures that are not plants are animals;
even the Indian Penal Code provides a definition much more scientifically and
conclusively than the current statute. Moreover, the breaking of the word 'wildlife,' which
is contrary to modern usage,  into two words, scientific English may have been prevented,
especially given the fact that the phrase spelled 'wild life' gets into a lot of trouble  when
one wishes to employ them adjectivally. After the act, one is left with  the idea that it is

9 https://byjus.com/free-ias-prep/wildlife-protection-act-1972/

10
completely faunal in its understanding of wildlife, yet in section 2(37), there is a provided
definition of 'wild life' which demonstrates that the limitation is unreasonable to the extent
of the use of the phrase to only a few forms  of life are, in fact, faunal and not floristic.

(ii) The statute does not intend to outlaw all animal hunting; rather, it seeks to outlaw
illegal poaching. Numerous animals can be hunted on licence except in preserves, such as
sanctuaries and national parks, and when one considers that the total preserve area in our
country today is well under 1% of the total land area (including all existing and proposed
preserves), or less than 5% of the total area under the control of our Forest Departments, it
is clear that no blanket prohibition on hunting has been levied. This is evident in the act's
constant usage of the outdated phrase "game."11 Certain prohibitions has been applied to
the killing of animals but also provided are the reasons on which an animal can be hunted.
Since there is no blanket ban and only pecuniary punishments provided for trespass in the
reserved areas, the chances of getting caught are low and so is the fine, thus the trespassers
pay fine in case they are caught but most of the times, the situation is not the same wherein
they are not caught and the cases of such trespasses are on a rise.

(iii) The problems relating to poaching and illegal trading do persist like the illegal trading
of ivory tusks in many parts of Odisha and Karnataka. The desire for wildlife increased
during lockdown, per the World Wide Fund ('WWF') for Nature's wildlife trade monitoring
network (TRAFFIC), as residents turned to wildlife dealing as an income source. There's
also a rise in meat consumption demand. In India, the use of animal skin has posed a
continual threat to wildlife. Because so many individuals began trading during the
lockdown, the use of animal hides such as Leopard's rose as well. Leopard hide and other
parts of the body were confiscated by the Wild Life Protection Department in Jammu. The
leopard is classified under the Wild Life Protection Act's Schedule I. And over ten leopard
hides were seized in three districts in Odisha. More than 26 leopards have indeed been
slaughtered in the last year. 150 leopards have already been hunted throughout Odisha in
the last decade, and their hide and bones have been sold on the global market for a heft
amount of money.

(iv) The govt has sanctioned the Char Dham project, which is in direct opposition to the
Act's goal. India's obligations under the Convention on International Trade in Endangered
Species of Wild Fauna and Flora ('CITES') are not covered by the Act. The Convention on
International Trading in Endangered Species (CITES) is an international treaty that
governs the trade of wildlife species to ensure that their survival is not jeopardised.
Furthermore, on June 11, 2020, the government issued an advice providing pardon to those
in possession of exotic life species protected by CITES. Exotic living species are animals
or plants that have moved from their original habitat to a new one, as defined by CITES.
Since then, the illegal trafficking of exotic live animals has skyrocketed.12

11 https://www.epw.in/journal/1973/11/special-articles/wild-life-protection-act-1972-critical-appraisal.html -
The grant of statutory,our fauna even in sanctuaries.
(v) Climate change and severe weather are listed as one of 12 categories of dangers to
species in the International Union for Conservation of Nature (IUCN) threat classification
system, which also includes habitat shifting and modification, droughts, high temperatures,
storms and flooding, as well as other effects as broad concepts13 but this finds no mention
in the Wildlife Act which thus provides for no solution in the rapid rising of sea levels in
the Sundarbans of India and Bangladesh.

3. The Biological Diversity Act 2002

3.1 Introduction and Salient Features

The Convention on Biological Diversity (CBD) is a watershed moment in the domain of

environment and development because it adopts a holistic rather than a sectoral perspective
to biodiversity protection and sustainable use of biological resources for the very first
occasion. It wasn't until 1984 that the demand for a global agreement on biological variety
began to gain traction. In response, the United Nations Environment Programme (UNEP)
acknowledged such a need to standardize international biodiversity conservation initiatives
in 1987. At the UNCED Earth Summit in Rio de Janeiro, Brazil, in June 1992, countries
negotiated and ratified the Convention on Biological Diversity (CBD) which came in force
on 29th December 1993 and India gained the membership of the convention in 1994.

The major objectives of the convention were; Biological diversity preservation; Using
biodiversity aspects in a sustainable way; and Benefits derived from the use of genetic
resources should be shared fairly and equally.

Moreover, CBD also provided for setting up of National and State Biodiversity Authorities
as well as Biodiversity Management Committee, respect and protect the knowledge of
local communities regarding biodiversity and preserve and develop areas form the point of
biological diversity by declaration of such areas biological diversity heritage areas.

Salient features of the Act

The Act's principal goal is to ensure that biological diversity is conserved, that its
constituents are used sustainably, and that its resources are used fairly, in order to avoid
misuse or eventual extinction of biodiversity. This act is necessary to safeguard India's
biological legacy, as it is one of the world's most biologically varied countries.14

 to govern admission to the nation's biological resources in order to ensure an equal

distribution of the benefits flowing from their use; and related information
pertaining to biological resources;

12 https://india.mongabay.com/2020/11/how-wildlife-outside-protected-areas-responds-to-climate-extremes/

13https://blog.ipleaders.in/the-wildlife-protection-act-1972-and-its-impact-in-protecting-wildlife-in-india/
#Central_Governments_power_to_declare_the_National_Tiger_Conservation_Authority

14 https://byjus.com/free-ias-prep/biological-diversity-act-2002/
  to conserve and utilise biological diversity in a sustainable manner;

 to respect and safeguard local communities' biodiversity-related knowledge;

 to ensure that the advantages of biological resources are shared with local people as
biological resource conservers and keepers of knowledge and information about
their usage;

 declaration of biological diversity heritage sites for the conservation and

development of regions of importance in terms of biological diversity;

 endangered species preservation and rehabilitation;

 participation of state government entities in the broad concept of the Biological

Diversity Act's enforcement through the formation of committees.

 The National Green Tribunal will hear any complaints about the National
Biodiversity Authority's or a State Biodiversity Board's decision of benefit sharing
or orders made under this Act15

 Any offence is non-bailable and cognizable under this Act.

There are certain exemptions under the Act, mainly; The act exempts Indian biological
resources that are commonly traded as commodities, but only to the extent that they are
utilized as commodities and for no other objective ;Conventional uses of Indian biological
resources and associated knowledge, as well as when they are employed in joint research
initiatives between Indian and international universities with the agreement of the central
government, are also exempt from the act and; Traditional healers, such as vaids and
hakims, and cultivators and breeders, such as farmers, livestock keepers, and beekeepers,
are also excluded.16

3.2 Critical Analysis

After the CBD was ratified, it took nearly a decade for the BD Act to be drafted. As a
result, it is obvious that the regulations were formulated after extensive investigation and
discussion by government officials, academics, and non-governmental organisations
(NGOs). Finally, in 2004, the Biodiversity Rules under the BD Act were enacted,
establishing the Biodiversity Management Council (BMC), which gave local and
indigenous people control over conservation, usage, and equitable sharing.

(i) One of the major flaw under the biological Diversity Act is that it doesn't provide much
emphasis on the issue of conservation rather gives consideration to the prevention of
profit-sharing form commercial use of biological resources as the major objective from

15

16 ibid
which this legislation was formed was to prevent bio-piracy by most of the industrialised
economies.

(ii) The 2004 Biodiversity Rules that were ratified proposed to setup of Biodiversity
Management Committees which would have provided some say to the local and
indigenous communities in terms of conservation, sustainable use and equal-benefit
sharing of resources. But the new rues clearly diluted the area of jurisdiction of BMCs as
they were reduced to creation of People’s Biodiversity Registers(PBRs) only that would be
used to document local knowledge and resources. Moreover such registers lacked legal
protection, thus such registers or documentation was bound to be misused. Moreover, such
rules represented lack of faith in the local and village communities which is completely
opposite to the legal spirit of laws in the country which has provided powers to the village
panchayats and municipalities through the 73rd and 74th constitutional amendments.

(iii) The act does not provide any holistic regime for the preservation and sustainable use
of bio resources but puts emphasis on the question of access to resources and
interconnected issues. It asks all inventors to take permission of the NBA over application
of intellectual property rights where the invention or the new product is based on a
biological resource available in India and grants the power to impose benefit sharing or
royalty or both or may even levy conditions that provides for sharing of economical gains
if the commercial utilisation of such resources takes place. The NBA lacks extra-territorial
jurisdiction and it is not able to monitor those applications that are file outside the Indian
territory, i.e. Overseas, the efficiency of such a stipulation is highly doubtful.

(iv) The act is ambiguous in its treatment of traditional and local knowledge, needing only
that the national government make an effort to protect and respect such knowledge in the
Indian context, where it is crucial enough not to be left to the executive's discretion and
necessitates a definitive point of law. It completely eliminates common property
management, which is nevertheless extremely important and widespread in the
management of biological resources. Property rights are centralised in the Act, either in the
hands of the government through sovereign appropriation or in the hands of private
investors via monopoly intellectual property rights. It does not, however, offer a
framework for all holders of biological resources and local knowledge to exercise their
rights.17

(v) Some of the basic rights under the Constitution of India are provided to both the
citizens and non-citizens of India, mainly Article 14 and 21. Article 14 is infringed by the
BD Act of 2002 wherein the act makes a distinction between the citizens of India and other
on the basis of citizenship and residentship. The act assumes that the resident citizens and
corporations of India would never pose as a threat to biodiversity whereas it must be kept

17 http://www.legalservicesindia.com/article/2257/A-Machinery-Safeguarding-Environment:-National-
Green-Tribunal.html
in mind of the legislators that even Indian citizens or corporations can be of exploitative in
nature.

Recommendations

 The people must also help in the protection and preservation of biodiversity by
removing those dangers that serve harmful to it.

 People can themselves act to tackle environmental change, by reducing carbon

emissions, fostering education and contacting elected authorities which would be
extremely helpful in recognition of the problems.

 Protection, preservation and continuous awareness encompassing over-exploitation,

particularly poaching and overfishing would be vital. The government can
effectively help by implementing rules against such practices , for example, remove
subsidies on large scale fisheries, banning certain types of meats, etc.

 The Act does not explicitly provides the difference between those individuals who
use resources for their individual use of who use them for sustainable purposes.
Rather there must be relaxation of rules whereby more people use the resources in a
sustainable way, use such resources for scientific and research purposes which
would ultimately benefit mankind.

 Moreover, proper implementation of rules and regulations as well providing the

biodiversity their share of financial resources would be of great help.

4. The National Green Tribunal Act 2010

4.1 Introduction and Salient Features

If we consider the foundation of such tribunal, we find that India pledged the attending
governments to offer legal and administrative remedies for victims of pollution and other
environmental degradation during the United Nations Conference on Environment and
Development in Rio de Janeiro in June 1992. This tribunal was established for a variety of
reasons. Following India's decision to use carbon credits, such a tribunal might serve a
critical role in guaranteeing emission control and achieving the target levels. This is the
only organisation of its sort that is mandated by law to use the "polluter pays" principle as
well as the notion of sustainable development. This court is appropriately referred to as
"special," as India is the third country in the world to have a setup, after Australia and New
Zealand.18

The National Green Tribunal was founded on October 18, 2010, there under National
Green Tribunal Act 2010, for the effective and efficient dispensation of justice pertaining
to protecting nature of forests and other natural resources, including implementation of any

18 https://blog.ipleaders.in/ngt-act-2010/
legal right concerning the environment, and providing remedy and compensation for losses
to persons and property, as well as issues attached with or incidental to those matters. The
act basically is enacted under Article 21 of the Indian constitution, which impliedly
provides for a clean and health environment.

If we talk about the objective and statement of reasons, we find that; Due to the rise of
industry, transportation, and increasing urbanisation in recent decades, a huge amount of
pressure has indeed been placed on the natural resources of the environment, and there are
ongoing environmental cases in various courts. As a result, one of the reasons for the Act is
to establish a National Green Tribunal; The major goal is to protect the right to life and the
right to a healthy environment, both of which are guaranteed under Article 21 of the Indian
Constitution; The National Green Tribunal was established to establish severe
accountability for those who cause environmental harm or accidents involving dangerous
goods and; National Green Tribunal would be established to provide appropriate redress
and compensation for harm to people, property, and the environment.19

Salient Features

 The definition provides, “An Act to establish a National Green Tribunal for the
effective and efficient resolution of matters pertaining to environmental protection
and conservation of forests and other natural resources, including the
implementation of any legal right concerning the environment and providing
remedy and compensation for losses to persons and property, as well as issues
linked with or incidental thereto.”

 The tribunal's present authorized strength is ten expert members and ten judicial
members, while the system allows for up to twenty of each. The Chairman of the
Tribunal, who also serves as the tribunal's administrative head, is also a judicial
member. Every tribunal bench must have at least one expert and one judicial
member.

 To become a chairperson, a person must have been a Supreme Court judge or a

Chief Justice of a High Court, and to become a judicial member of the tribunal, a
person must have been a judge of the High Court.

 The Tribunal has original jurisdiction over "major questions concerning the
environment" (i.e., a society as a whole is affected, and public health is harmed on
a larger scale) and "environmental damage owing to particular action" (such as
pollution). However, no explicit criteria for determining "serious" damage to the
environment, property, or public health is stated in law. The tribunal's powers in
relation to an award are similar to those of a civil court, and the tribunal has the
authority to submit any order/award to a civil court with local jurisdiction.

19 Kumar, Sanjeev. (2021). Biodiversity act 2002 a critical analysis

  The NGT's Principal Bench is in New Delhi, with regional benches in Pune
(Western Zone Bench), Bhopal (Central Zone Bench), Chennai (Southern Bench),
and Kolkata (Southern Bench) (Eastern Bench). Each Bench has a territorial
competence that spans many states in a certain zone.

 By order, the NGT can provide: relief and compensation to sufferers of pollution
and environmental damage; property restoration; and environmental restoration for
such area or areas as the Tribunal deems appropriate and; a Tribunal order,
judgement, or award can be enforced as a civil court decree.

4.2 Critical Analysis

Over the past, the NGT has established itself as a key player in environmental control,
issuing tough rulings on topics like as pollution, deforestation, and waste management.  By
establishing an alternative dispute resolution system, the NGT paves the way for the
growth of environmental law.It aids in reducing the cost of environmental litigation in
higher courts.The NGT is a less formal, less costly, and quicker method of settling
environmental issues. Because the Chairperson and members are not available for
reappointment, they are more likely to make decisions on their own, without yielding to
outside pressure.20

Defects

 The NGT does not have jurisdiction over two major legislations: the Wildlife
(Protection) Act of 1972 and the Scheduled Tribes and Other Traditional Forest
Dwellers (Recognition of Forest Rights) Act of 2006. This limits the NGT's
authority and, at times, makes it difficult for it to operate, as the fundamental issue
of forest rights is inextricably related to the environment.

 The NGT's judgements are being questioned in several High Courts via Article 226
of the Constitution, with many alleging that a High Court has superiority over the
NGT, saying that "the High Court is a constitutional body, whereas the NGT is a
statutory one." One of the Act's flaws is that it is unclear what kind of rulings can
be appealed, despite the fact that the NGT's decisions can be appealed to the
Supreme Court under the NGT Act.21

20 https://blog.ipleaders.in/ngt-act-2010/

21
https://www.lkouniv.ac.in/site/writereaddata/siteContent/202004032250572537varun_National_Green_Tribu
nal_Act_2010.pdf
  It lacks judicial independence from the executive branch of the government. The
NGT act's laws allow bureaucrats to be elected to the tribunal while still working
for the government. This is troublesome in the view that a government
representative will never rule against the government since he is also a member of
the government and is under pressure from many sources not to rule against the
national government.

 The requirement for specialists in the tribunal is also a debatable issue because the
NGT is only required to decide legal questions and not to conduct fact-finding.
Expert knowledge is not required in determining compensation or punishment. In
circumstances when some unique knowledge is necessary, the Indian evidence
legislation specifically allows for the statement of an expert witness rather than
appointing experts in the tribunal itself.

 The concept of tribunals is problematic in and of itself because they are funded by
the parent ministry, which has authority over the tribunal and its decisions.
Moreover, such funding is continuously decreasing at a larger scale which hampers
the proper functioning of the NGT.

 According to the law commission study on environmental courts, each state should
have at least one such court. However, the NGT only has 5 benches. This has
created a dilemma for ordinary persons seeking justice because it is challenging to
contact a court in another state that is far away from their home. The founding of
the NGT also removed civil courts' ability to hear lawsuits involving environmental
issues. As a result, in certain instances, it is now mandatory to file a case with the
NGT. Even a PIL could not be lodged in the state's High Court for environmental
matters now, as all environmental litigation will be handled by the NGT's five
benches. Thus, there must be establishment of such benches in every district of the
country.

5. Conclusion

After having discussed most of the environmental legislations of India in detail including
the Wildlife Protection Act 1972, the Biological Diversity Act 2002 and the National
Green Tribunal Act 2010, we come to the conclusion though there are certain detailed and
comprehensive legislations for the environmental protection and conservation in India
which have been working efficiently for over a period of time, not that efficiently, there
exists some sort of control over the independent operation of such legalisations where the
government employees and officials are members of committees and tribunals established
under these laws who are never free to provide a unbiased opinion and ruling as work
under pressure and bring forward bias judgements as the officials of the government wont
rule out anything that is against the interests of the government. Moreover, all of the acts
put forward that the substantive question of law is open to interpretation which is open to
the discretion of the executive. There must be clear cut understanding and clarity relating
to specific laws for better functioning. There must also be financial autonomy of such
committees and tribunals as they wont be able to function properly in case of inadequate
financing. The people, on the other hand, must also be aware and must foster education
about the environment degradation to the locals and the uneducated and moreover, they
must themselves act to reduce environmental degradation by reducing carbon emissions
and use of renewable energy as well as save the natural resources as once finished, they
wont be replenished again. The conclusion stands that the government and the people must
aim towards sustainable development keeping in consideration the environment while
going for development processes so as to reserve and protect the natural resources while
ensuring development in the country.