National Green Tribunal and Development of Human Rights

Table of Contents
1. Introduction
2. National Green Tribunal Of India
3. The National Green Tribunal Act, 2010
4. Schedules Of The Act
5. Evolution Of Human Rights
6. The International Bill Of Rights
7. Universalism And Cultural Relativism In Public International Law
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Introduction

The National Green Tribunal (NGT) and the development of Human Rights are two important areas in Environmental and Human Rights Law. NGT plays a vital role in environmental protection and enforcement of legal rights relating to the environment, while the evolution of human rights ensures dignity, equality, and justice for every human being. This chapter explains the establishment, structure, powers, and significance of NGT along with the growth and global recognition of human rights, including universalism and cultural relativism debates.

National Green Tribunal Of India

History

• The inception of the National Green Tribunal (NGT) was under the National Green Tribunal Act, 2010.
• The Act was a response to India's growing environmental challenges and the need for a specialized body.
• NGT was officially established on October 18, 2010.
• It deals with environmental disputes involving multi-disciplinary issues.
• It fulfills India's commitment to the Stockholm Declaration, 1972.
• It aims to comply with Article 21 of the Indian Constitution ensuring a healthy environment.

Objectives Of The Act

• Establishment of NGT for effective and expeditious disposal of environmental cases.
• Compensation and relief to victims of pollution and environmental damage.
• Legal right to a healthy environment following sustainable development, precautionary principle, and polluter pays principle.

Preamble

• Underlines India's commitment to Stockholm Declaration (1972) and Earth Summit (1992).
• Ensures healthy environment and enforcement of legal rights related to environmental protection.
• Securing a sustainable global environment.

Date Of Enforcement

• The Act received the President's assent on June 2, 2010.
• The Act came into force on October 18, 2010.

Judges

Composition:

• Chairperson: Judge of Supreme Court or Chief Justice of a High Court.
• Judicial Members: Minimum 10 and maximum 20.
• Expert Members: Minimum 10 and maximum 20 with minimum 15 years experience in environmental field.

Appointment And Tenure:

• Appointed by Central Government based on recommendations of a Selection Committee.
• Committee includes Chief Justice of India or nominee, Environment Secretary etc.
• Term of 5 years.
• No reappointment.
• Age limit: 70 years for judicial members, 65 years for expert members.

Powers And Operating Procedures:

• Has powers of civil court under CPC, 1908.
• Follows principles of Natural Justice.
• Disposal of applications/appeals within 6 months.

Benches

• Principal Bench - New Delhi.
• Central Zone Bench - Bhopal: MP, Chhattisgarh, Rajasthan.
• Eastern Zone Bench - Kolkata: West Bengal, Orissa, NE states.
• Southern Zone Bench - Chennai: Tamil Nadu, Karnataka, Kerala, Andhra Pradesh.
• Western Zone Bench - Pune: Maharashtra, Goa, Gujarat, UTs of Daman & Diu, Dadra & Nagar Haveli.
• Benches consist of judicial and expert members.

The National Green Tribunal Act, 2010

• Establishment: Section 3 establishes NGT.
• Jurisdiction: Civil cases involving substantial environmental questions under Schedule I Acts.
• Composition: Chairperson, Judicial Members, Expert Members.
• Benches: Principal and Zonal benches under Section 4.
• Disposal Of Cases: Applies sustainable development, precautionary principle, polluter pays principle.
• Limitation Period: 6 months from cause of action; delay may be condoned for sufficient reason.

Schedules Of The Act

Schedule I

• The Water (Prevention and Control of Pollution) Act, 1974
• The Water (Prevention and Control of Pollution) Cess Act, 1977
• The Forest (Conservation) Act, 1980
• The Air (Prevention and Control of Pollution) Act, 1981
• The Environment (Protection) Act, 1986
• The Public Liability Insurance Act, 1991
• The Biological Diversity Act, 2002

Schedule II

• Qualifications, appointment and conditions of service of Chairperson, Judicial Members & Expert Members.

Schedule III

• Form and manner of appeal to Supreme Court against NGT decisions.

Important Case Laws

• Art of Living Foundation Case (2016) - Fine for environmental damage to Yamuna floodplains.
• Save Mon Region Federation vs. Union of India (2017) - Stopped hydroelectric projects threatening biodiversity in Tawang.
• Sterlite Copper Plant Case (2018) - NGT ordered reopening; later appealed in Supreme Court.
• Almitra H. Patel vs. Union of India (2019) - Directed enforcement of Solid Waste Management Rules 2016.

Evolution Of Human Rights

What Are Human Rights?

• Rights people are entitled to by virtue of being human.
• Modern version of natural rights.
• Four characteristics:
  • Universal
  • Fundamental
  • Absolute
  • Indivisible

Evolution Of Human Rights And Their Types

• Early modern Europe - emergence of natural rights (Locke, Hobbes, Grotius).
• Important contributions:
  • Magna Carta 1215
  • Bill of Rights 1688
  • US Declaration of Independence 1776
  • Rights of Man and Citizen 1789
  • Vienna Congress 1815 - abolishment of slave trade
  • Brussels Convention 1890
• Post World War II - major development:
  • Universal Declaration of Human Rights (UDHR), 1948
  • ICCPR & ICESCR - adopted 1966, enforced 1976
• Karel Vasak - three generations of human rights:
  • First Generation: Civil & Political Rights → Liberty
  • Second Generation: Economic, Social & Cultural Rights → Equality
  • Third Generation: Solidarity Rights → Fraternity

Major Historical Milestones

• Magna Carta (1215)
• Bill of Rights (1689)
• American Declaration of Independence (1776)
• French Declaration (1789)
• Abolitionist & Suffrage Movements
• Red Cross & Geneva Conventions

The 20th Century - Universalization And Institutionalization

• UDHR 1948 - global consensus.
• ICCPR, ICESCR - International Bill of Human Rights.
• Cold War divide - civil-political vs economic-social rights.
• Post-Cold War - universality of rights, indigenous & environmental rights.
• 21st Century challenges: globalization, digital rights, AI, LGBTQ+ rights, climate rights.

The International Bill Of Rights

Consists of:

• UDHR
• ICCPR
• ICESCR
• Post World War II origin to prevent atrocities.
• UDHR - 30 Articles, moral foundation of HR law.
• ICCPR - civil & political rights, Human Rights Committee.
• ICESCR - economic, social, cultural rights, monitoring by CESCR.
• Challenges remain in enforcement due to national interests & economic conditions.

Universalism And Cultural Relativism In Public International Law

• Universalism → global standards for rights.
• Cultural Relativism → rights based on cultural context.

• UDHR 1948 - universalist approach.
• Relativist concerns - Western influence in UDHR, demanding cultural diversity recognition.

• Universalism - natural law, common humanity.
• Cultural Relativism - sovereignty, respect for cultural identity.

• Women's rights - equality vs cultural norms.
• Capital punishment - right to life vs traditional practices.
• Indigenous rights - collective rights vs universal standards.

• NGT is crucial in environmental governance & sustainable development.
• Human rights have evolved globally ensuring dignity and equality.
• Balance required between universal standards & cultural identity.
• Ongoing global dialogue continues to shape human rights policies and practices.