The National Green Tribunal (NGT) Act, passed by the Indian Parliament in May 2010, established a court specifically to deal with environmental cases. Though hailed as a progressive mechanism for victims of pollution and environmental degradation to seek redress, the government delayed putting in place the needed infrastructure, staff, and judges for over a year. The deadlock was broken when environmental groups that are part of The Access Initiative in India took the issue to the Supreme Court, which ruled in their favor, forcing the government to implement the tribunal.
Following the Supreme Court’s intervention, India’s National Green Tribunal started functioning on July 4, 2011, hearing thirty-five cases in the first two weeks. TAI India members won a victory when they brought to the media’s attention a stipulation in the Act requiring petitioners, when filing for environmental damages, to pay one percent of the compensation claimed. Following media coverage, the Minister for Environment and Forests, immediately withdrew the regulation requiring fees, which would have deterred poor people from seeking the tribunal’s help.
Indian citizens will now have unfettered access to an environmental court – an important step in advancing environmental rights in the world’s largest democracy. Although the court now functions in only New Delhi, the government plans to expand its presence to five other locations.
M.M Flicker creative commons