The government is expected to set up the National Green Tribunal, the first judicial body to deal exclusively with environmental laws, over the next two months or so. The Chief Justice of India will help select its chairman. Lok Sabha passed the National Green Tribunal Bill on Friday. It is expected to be approved by Rajya Sabha on Monday.
The main bench of the Tribunal will be in Bhopal. Environment Minister Jairam Ramesh said: "This way the government and Parliament could show some sensitivity to the people of Bhopal, the site of the worst industrial disaster." He was referring to the gas leak from the Union Carbide plant in 1984, which killed hundreds of people.
The tribunal is the first serious attempt in the country towards environmental rights. It will be the first time an individual will have the right to claim civil damages for an environment-related accident, including any adverse health impact.
A retired or current judge of the Supreme Court or the chief justice of a high court will be appointed as the chairman of the tribunal. The tribunal will have four circuit benches which will travel from place to place to deal with cases.
It will deal with all environmental laws on air and water pollution, the Environment Protection Act, the Forest Conservation Act and the Biodiversity Act. With this effort, India will join Australia and New Zealand which have such specialised environment tribunals.
The Green Tribunal Bill
was amended to make sure that individuals and not just institutions or non government organisations could appeal before the green tribunal. With some 5,000 environment-related cases pending across courts in the country, it is possible that the tribunal too may soon have an overload of cases.