The Supreme Court is taking a keen interest in green protection in India.
Environmental bodies or green bodies set the rules to protect the environment. But do they fall under any regulatory ambit?
I believe it is crucial for sustainability segments or climate action measures to be monitored and measured. But, there are too many regulators involved. And as we all know, too many cooks can spoil the broth. Therefore if there is a lapse, who will bell the cat in the case of sustainability or climate action defaulters?
In India, we have all seen the important role regulators like the RBI (at the helm of affairs) play. It imposed stringent measures that safeguarded the country’s financial system, especially those that helped our country navigate the 2008 global meltdown.
What comes in as a positive is a recent Supreme Court order of a comprehensive and periodic audit of official bodies involved in environmental protection.
As part of the same order, the SC has asked for a comprehensive and periodic audit of 26 central and state bodies involved in environmental governance. The SC observed that the Constitution courts would continue to ensure these organizations functioned vibrantly to protect and enrich India’s green wealth.
It stated: “While several laws, rules, and regulations exist for the protection of the environment, their objective is not achieved as there is a considerable gap as these laws remain unenforced or ineffectively implemented. Rule of law in environmental governance seeks to redress this issue as the implementation gap has a direct bearing on the protection of the environment, forests, wildlife, sustainable development, and public health, eventually affecting fundamental human rights to a clean environment that is intrinsically tied to the right to life.”
This is part of the order on institutionalization and reconstitution of the Central Empowered Committee (CEC). The CEC which was constituted in 2002 functioned as an ad hoc body. The Ministry of Environment, Forest and Climate Change following an SC order declared CEC as a permanent body for and I quote:
“… the purposes of monitoring and ensuring compliance of the orders of the Supreme Court covering the subject matter of Environment, Forest and Wildlife, and relate issues arising out of the said orders and to suggest measures and recommendations generally to the State, as well as Central Government, for more effective implementation of the Act and other orders of the Court.”
To avoid these authorities working at cross purposes, the bench ordered that “the mandate and role of each authority and body must be demarcated to avoid overlap and duplication of work and the method for constructive coordination between institutions must be prescribed”.
The recent SC order is a huge step as India is in the process of putting processes and structures in place to accelerate its green actions. Additionally, the verdict emphasizes that the protection of the environment is only possible when the different bodies work in tandem.
The 26 green bodies are as under:
- Animal Welfare Board of India
- Atomic Energy Regulatory Board
- Central Pollution Control Board
- State Pollution Control Boards
- Director of Wildlife Preservation
- National Board for Wildlife
- State boards for Wildlife
- Central Zoo Authority
- National Tiger Conservation Authority
- Coastal Zone Management Authority
- Central Groundwater Board
- Advisory Committee
- National Biodiversity Authority
- State Biodiversity Boards
- National Disaster Management Authority
- State Disaster Management Authorities
- District Disaster Management Authorities
- National Green Tribunal
- State Level Advisory Bodies
- National Compensatory Afforestation Fund Management and Planning Authority
- State Compensatory Afforestation Fund Management and Planning Authority
- Environment Impact Assessment Authorities
- Expert Appraisal Committee
- Dahanu Taluka Environment Protection Authority
- Wildlife Crime Control Bureau
- Forest Survey of India
