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June 2, 2007

India Sets up Green Court

The Indian government has announced that they are putting forth a proposal to instill a green court for their country. That is, they will develop a court-of-law that will deal with only environmentally-related issues.

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The Financial Express writes

The proposed two-tier enactment is based on the recommendations of the Law Commission; while some cases will come directly under the purview of the national tribunals and its various benches, other cases will be entertained by the regional tribunals. A tribunal under the new enactment shall comprise a chairperson from judicial background and members shall consist of experts from different fields like engineering, economics and other social sciences, forestry, physics, chemistry, botany and zoology. The new legislative dispensation when in place, shall result in the repeal of National Environment Tribunal Act, 1995 and National Environment Appellant Authority Act, 1977 under which cases are heard by the High Courts as well as by the subordinate judiciary. But for the last 12 years, the machinery under the Tribunals Act of 1995 is hanging fire because of bureaucratic wrangling over the composition of the Tribunals throwing cases of relief and compensation to the pollution victims in tracks.

There are still a lot of checks and balances to go through before this idea becomes reality. I think it is a great idea though and hope the government of India sees it through to the end, and maybe other countries will follow suit! Environmental law and issues are always such a complicated and paradoxical problem for the court of law. Establishing a specific court and developing judical experts can only strengthen our eco-sense!

via financial express

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