Tamil Nadu   

Judiciary should be aware of new environmental laws

Special Correspondent

Magistrates urged to study new National Biodiversity Act

CHENNAI: Unless members of the judiciary are aware of the new environmental laws irreversible damage will be caused, Prabha Sridevan, judge, Madras High Court, said on Saturday.

"For decades we have been content with knowing the Criminal and Civil Procedure Codes. Now, new laws [environmental] have come into existence and we have to keep ourselves updated on these aspects too," she said. Judges would have to orient themselves with the provisions under the law and the consequent power bestowed on them to ensure sustainable development.

With all environmental legislation the power rested with the judiciary and it was up to the judges to bring offenders to book. Once the idea that the judiciary is serious about punishing those who violate these laws gets around then an effective deterrence mechanism will emerge, she said, at the inaugural of a workshop for judicial magistrates on `biodiversity conservation and sustainable development.' While the State had introduced several measures to sustain the environment they remained largely on paper, she said, attributing this to the lack of awareness among the people. For instance, public hearings are held before major projects are implemented, but hardly does anyone turn up because the people are unaware of their rights. It is essential to assess the long-term impact of a project before starting it rather than pondering over the damage after it is completed, she said.

Pointing out that environmental jurisprudence in India began with the tannery and shrimp farming cases in Tamil Nadu, she urged the judicial magistrates, who participated in the workshop conducted by the CPR Environmental Education Centre (CPREEC), to keep themselves updated of the Supreme Court judgements.

Nanditha Krishna, director, CPREEC, said the centre had taken up, with support from the British High Commission, a project on Biodiversity Conservation through Capacity Building to sensitise judicial magistrates and non-governmental organisations.

Mike Connor, British Deputy High Commissioner in Southern India, said judicial magistrates had an important role to play in the protection of biodiversity and sustainable development. "You have the authority to take punitive measures against those companies and individuals who endanger the world we live in. By invoking the law you can help to make Chennai strong and healthy for future generations," he said.

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