Workshop: 'Judicial Enforcement of Environmental Law in Karnataka'
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August 04, 2002. 'Lower courts must uphold 'green' laws' - The Hindu
�Lower courts must uphold �green� laws�
by Our Staff Reporter
The Hindu
August 04, 2002
Bangalore, Aug 3: In his inimitable style, V.R. Krishna lyer, retired Supreme Court Judge, today asked members of the intermediate judiciary, or the lower courts, to realise, the immense powers that they enjoyed in effectively dispensing justice in environmental cases.
Mr. Justice Krishna lyer, who addressed delegates at a workshop on �Judicial Enforcement of Environmental Law in Karnataka�, at the Karnataka Judicial Academy (KJA) here, said the environmental laws in India were such that the lower courts could confidently interpret municipal laws to reflect the intentions of the slew of international conventions and protocols that were framed to protect and conserve the environment.
There should be �Mehtas and Kuldip Singhs� in every court, Mr. Iyer said, referring to the Magsaysay Award-winning environmental advocate, M.C.Mehta, and the retired Supreme Court judge, Kuldip Singh, who in the eighties and nineties, changed the way in which environmental laws were interpreted and implemented in India. This was the only way to rid nation of its �appellaticitis� which tended to burden the High Courts and Supreme Court with too many writ petitions, giving the impression that these cases were beyond the scope of the lower courts. �The Bar must expand its perception and vision even at the district level, so that parties need not travel far, or find that High Court writs mean delay in the dispensation of justice� he said. Contrary to popular perception, Mr. Iyer said, the lower courts could be more effective and immediate since matters of environment were essentially local. The injury caused could be locally ascertained, and the evidence gathered fast and fresh. This made out a strong case for making the subordinate court a potent instrument of instant environmental justice.
He said our legal system, with a wealth of legislation, had failed to make corporations accountable or transparent, and the Legislature, and the Executive had not really put in place effective institutions to counter pollution.
The two-day workshop has been organized by the Environment Support Group, an NGO; the Environmental Law Institute, Washington; and the KJA. The goals of the workshop are to help the judiciary optimize its effectiveness in management and planning and facilitate participants to form networks.
The workshop was inaugurated by Chief Justice of the Karnataka High Court, N.K.Jain.