The importance of the National Green Tribunal in times of climate crisis

The National Green Tribunal (NGT) has played a pivotal role in shaping environmental jurisprudence and ensuring the protection of the country's fragile ecosystems over the last 13 years. The tribunal was established under the NGT Act of 2010 to address environmental issues and safeguard forests, natural resources, and persons impacted by pollution. It handles matters involving violations of environmental norms and appeals against decisions made under various environmental legislation.Unlike regular courts, the NGT does not follow the Civil Procedure Code and the rule of evidence under the Evidence Act. It has the authority of a civil court and may develop its own procedure, subject to the restrictions of the NGT Act. Its directives are enforceable just like court orders, and disobeying them is a punishable offence.“A notable order is the issue of pollution in the Ganges River where in 2017, the tribunal ordered the closure of several industrial units operating along the Ganga due to their failure to comply with pollution control norms. NGT also manages hazardous waste, plastic waste, and biomedical waste. It emphasises transparency through District Environmental Plans and enhances regulatory capacity, enforces compliance, and promotes responsible industrial activities based on carrying capacity studies and polluters pay principle,” said Dr Afroz Ahmed, expert member, Principal Bench of the NGT, New Delhi.Over the last five years (from July 2018 to July 2023), NGT received 15,132 new cases and resolved 16,042 cases. The chairperson's bench alone concluded 8,419 cases. These details were shared by law minister Arjun Ram Meghwal in Parliament earlier this year.Eminent environment scientist Madhav Gadgil said, “It is the one arm of the judiciary which has and does provide some protection for the environment. While it is unfortunate the ministry of environment, forests and climate change never managed to fully execute its duties to the environment and citizens, the NGT over the past 13 years did live up to the hope of the common person. We hope the role of this body does not get diluted especially in the turbulent times of climate change.”The NGT has delivered several landmark judgments. Here are five of the most significant ones:‘Clean air is a statutory right for all citizens’Starting November 26, 2014 (in the case of Vardhaman Kaushik vs. Union of India and others), the NGT made significant rulings to address the pressing issue of air pollution in Delhi. Recognising clean air as a fundamental right, the NGT issued a series of directives aimed at mitigating air pollution and improving air quality.It banned the operation of vehicles older than 15 years, both diesel and petrol, on the city's roads and mandated appropriate legal actions against those violating this order. Furthermore, authorities were instructed to identify bypass routes to divert heavy traffic from entering Delhi, thus reducing congestion and emissions. To combat open burning, the NGT strictly prohibited the burning of plastics and other materials in public areas, with legal penalties for violators. A web portal was established to allow citizens to report environmental violations.Five years before the Centre launched the National Clean Air Programme (NCAP) or Delhi got its Graded Response Action Plan (GRAP), the NGT had emphasised the importance of enforcing these directives, calling for the creation of a specialised enforcement force. Additionally, measures were introduced to manage traffic effectively, including one-sided parking in markets, the development of cycle tracks, and ensuring buses met emission standards. Trucks crossing Delhi were subject to checks for overloading and compliance with age limits, with the maintenance of inspection registers at entry and exit points.“Overall, these directives sought to combat air pollution, enhance environmental quality, and protect the health and well-being of Delhi's residents with authorities across Delhi-NCR, Haryana, Uttar Pradesh, and Rajasthan, directed to ensure compliance of these directions,” said Sanjay Upadhyay, advocate, Supreme Court. ₹79,234.36-crore penalty for improper waste managementThe NGT addressed shortcomings in waste management across states, specifically focusing on solid and liquid waste management in compliance with Supreme Court orders. Over three rounds of interaction with chief secretaries from all states and union territories, the NGT assessed the situation. In an order dated May 18, 2023, the NGT determined compensation totalling ₹79,234.36 crore. This compensation was calculated based on acknowledged gaps in waste management, including liquid waste discharge of 26,000 million litres per day, solid waste generation of 56,000 tonnes per day, and an additional 18 crore tonnes of legacy waste.To ensure that these funds are used for environmental restoration, the NGT has required the amount to be kept in a ring-fenced account. This account will finance restoration measures as outlined in action plans overseen by the respective chief secretaries of the states and union territories. “The NGT is actively working to address environmental concerns and hold responsible parties accountable for the damage caused by inadequate waste management practices,” said Dr Afroz Ahmad, an environment scientist and a former civil servantWildlife clearance for development in elephant reserves and corridorsIn the case Kashmira Kakati vs Union of India and others, filed in 2014, the NGT raised serious concerns about the lack of legal rules to safeguard elephant reserves and corridors. These corridors are essential for elephants to move freely and safely. The NGT issued orders to safeguard elephants and their habitats. It declared areas where elephants live as conservation reserves and made sure that places like Bogapani Corridor, in Assam's Tinsukia district, are part of the elephant corridors. The NGT also ordered Coal India that abandoned mines in Jeypore Reserve Forest (part of Dehing Patkai Reserve in Assam) should be given back to the forest department for restoration.Furthermore, the NGT made it mandatory to get wildlife clearance before starting any new projects in areas where elephants live. It also asked for a survey to count how many elephants are in each state and recommended declaring the areas around them as eco-sensitive zones.To make sure that development projects consider elephants, the NGT required Project Elephant to assess their impact. “A special core committee was formed to look at these reports and suggest further actions to protect elephants and their homes. These steps are essential to fulfil the goals of the Gajah Report from the Elephant Task Force,” said Upadhyay.Damage to the eco-sensitive Yamuna floodplains by Art of Living FoundationIn 2016, a landmark case brought the NGT into the spotlight when it dealt with a matter involving the spiritual leader Sri Sri Ravi Shankar's Art of Living Foundation. This case revolved around hosting of the World Cultural Festival on the ecologically sensitive floodplains of the Yamuna River in Delhi. The event, despite its cultural and spiritual significance, drew criticism for its potential environmental impact on this fragile ecosystem.The NGT upheld environmental conservation principles by addressing the concerns raised during this event. The tribunal imposed a fine of ₹5 crore on the Art of Living Foundation to account for the environmental damage incurred during the festival.“This ruling served as a stark reminder that even well-intentioned events must adhere to stringent environmental regulations, especially when they occur in sensitive areas,” said Gadgil, adding that the NGT's involvement, in this case, highlighted its unwavering commitment to safeguarding fragile ecosystems and preserving the ecological balance.“The order set a precedent for the responsible conduct of large-scale events, emphasising the need to prioritise environmental protection alongside cultural and spiritual endeavours.”Suo motu interventionsThe NGT has approached environmental degradation by initiating suo motu proceedings when data from statutory regulators such as the Central Pollution Control Board (CPCB) revealed concerning trends. The NGT has identified 351 polluted river stretches across India based on online water quality data maintained by the CPCB, enabling the tribunal to take immediate measures to protect these water bodies.Additionally, the NGT has identified 100 polluted industrial areas using the Comprehensive Environmental Pollution Index (CEPI), and 134 'non-attainment' cities (with average air quality particulate matter concentration above national standards) with air pollution issues based on online air quality data. “These interventions were crucial for ensuring timely action and remediation with every state having to draw up action plans for protecting their rivers or follow directions from the Centre in developing city clean air action plans under NCAP,” said Dr Ahmed.Badri Chatterjee is head, Communications (Climate & Energy) at Asar Social Impact Advisors, a research and communications organisation that works on social and environmental issues

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