Announcement

Collapse
No announcement yet.

SC judge for liberal environment laws

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • SC judge for liberal environment laws

    SC judge for liberal environment laws



    Sampad Mahapatra
    Thursday, December 20, 2007 (Bhubaneshwar)
    Bad news for the NGOs and people seeking judicial support in their fight to protect forests and wildlife against large-scale incursions by industrial and mining projects.

    In a public speech on Tuesday in Bhubaneswar, senior Supreme Court judge and member of the Environment and Forest Bench, Justice Arijit Pasayat has come down heavily on those who focus too much on protection of forest and wildlife and harm the society at large.

    Justice Pasayat, who was inaugurating a three-day seminar on environmental laws also seemed to favour their liberal application.

    ''We were told two weeks back that out of more than 300 Reserve Forests in the country, hardly 20 or 25 deserve to be called as reserve forests. In more than hundred of them, the only animals to be protected are probably a few stray cattle and a few dogs,'' said Justice Arijit Pasayat, Judge, Supreme Court of India.

    ''And then the money that the Central government pays for protection of these reserve forests goes elsewhere,'' he added.

    Arguing that industrial development was needed for the growth of the country's economy, Justice Arijit Pasayat, who is also part of the Environment and Forest Bench, saw a need to take a liberal view of the existing environmental laws.

    ''Green cover versus green currency. We have to choose between the two and strike a balance. We can not also enforce the laws in a way that they become Draconian, otherwise, in the name of protecting forests we will cause damage to the society at large,'' said Justice Pasayat.

    But not everyone agreed with the judge's views. Top legal experts felt such an approach can never offer environmental justice.

    ''The adversarial system is ill-suited for environmental justice. We need to think differently from one being part of the problem and the other being part of the solution,'' said Ramesh, Professor, National Law School, Bangalore.
    ''Human being is both the protector and the predator. His predatory instincts are far more now than his protective instincts. I think we need to rekindle his protective instincts,'' he added.

    Justice Pasayat was in the three-member apex court bench that recently set aside the adverse remarks by its own expert committee and allowed the mining of bauxite in the ecologically sensitive Niyamgiri Hills in Kalahandi district.

    And, now his public speech leaves little hope for those who believe the green cover and wildlife, in a state like Orissa, are under the gravest threat ever.
    NDTV.com: SC judge for liberal environment laws

    An excellent voice by the honorable Supreme Court Justice. His arguement against over-protect Green-activist, who are hampering development and the economy, which has a serious impact on a poor country like India, which needs Industries to bring its population out of the misery. You kill Blackbuck, you get 5 years, You kill 50 people by negilgence on Fire Safety, you get 2 years.
Working...
X