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Workshop: 'Judicial Enforcement of Environmental Law in Karnataka'

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August 04, 2002. Subordinate courts are crucial in environment cases: former judge - The Indian Express

Subordinate courts are crucial in environment cases: former judge
Express News Service

The Indian Express

August 4, 2002

Bangalore, Aug 3: Judges in subordinate courts should do their bit to protect the environment, said retired Supreme Court Judge Krishna Iyer in Bangalore on Saturday.

The subordinate judiciary�s effective handling of cases relating to the environment would mean expenses are lesser, with the process getting quicker and enforcement of court orders being more prompt, Iyer noted at a workshop on �Judicial Enforcement of Environmental Law in Karnataka.�

Environmental judges should not be the monopoly of High Courts, he asserted, adding that �long-distance justice, high-priced justice and docket-delayed justice were the handicaps in higher courts.�

Stressing the need to curb pollution, he said subordinate courts have special advantages. �The munsif, district judge, magistrate and local bar can entertain Public Interest Litigation, social action and pro bono process once they know that the jurisdiction of local is wide too� Iyer said.

Speaking on �Environmental justice though judicial process: from Ratlam to Ramakrishnan�,� Iyer said the traditional concept that development and ecology are opposed to each other, is no longer acceptable.

�Sustainable development has come to be accepted a viable concept to remove poverty and improve the quality of human life while living within the carrying capacity of the supporting ecosystems,� he said.

Justice N. K. Jain, who delivered the inaugural address said the objective of the two-day workshop is to strengthen the judiciary�s capacity to enforce environmental laws. �The law cannot work without public cooperation and social conscience among people,�� said Justice Jain.

HC Judge and Karnataka Judicial Academy President Justice B Padmaraj also spoke. Director of Environmental Law Institute of USA, Pooja Parikh said that most high profile environmental law cases are confined to HCs and the SC. �Think of the number of cases that did not make it to them. Subordinate courts can address environmental issues in these cases,� she said. Judges, Non-Governmental Organizations and environmental activists are participating in the workshop, organized by Karnataka Judicial Academy, Environmental Law Institute of USA and the Environment Support Group.