Jump to Navigation
Jump to Content

India’s National Green Tribunal: Human Rights and the Merits of an Environmental Court

June 2016

Citation: 46 ELR 10474

Issue: 6

Author: Navya Jannu

India’s National Green Tribunal (NGT) was established by statute in October 2010 “for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment and giving relief and compensation for damages to persons and property and for matters connected therewith or incidental thereto.” The intent was to create a “specialized body equipped with necessary expertise to handle environmental disputes involving multi-disciplinary issues.” To this end, the guiding light for the NGT has moved beyond the confines of India’s Civil Procedure Code of 1908 and into the realms of “natural justice.” In this Comment, I explore the mix of rhetoric and reality in an effort to distill the merits of India’s new institutional experiment and its implications for the national protection of human rights. Given the ubiquitous and increasing environmental degradation in the country, I argue that the creation of this “tribunalized” form of environmental adjudication and governance is necessary and welcome.

Navya Jannu is in her final year of the B.A., LL.B. (Hons.) program at Jindal Global Law School in Sonipat, Haryana, India.

Download Article >>>