The National Green Tribunal's response to the cause of tribals and fisherfolk

Rosencranz, Armin, Mathews, Avinash, Parab, Sangram Sinh, Janghu, Shubham and Putta, Suhaas (2021) The National Green Tribunal's response to the cause of tribals and fisherfolk. In: Advancing environmental justice for marginalized communities in India progress, challenges and opportunities. Taylor and Francis, Oxon, pp. 65-78. ISBN 9781003141228

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Abstract

Environmental law presents an interesting interaction between environment, development and the rights and interests of marginalized communities. Judges are often confronted with diametrically opposed interests of the parties to legal disputes. Balancing all the relevant factors requires an application of judicial mind and expertise. It was with this intent that the National Green Tribunal (NGT) was set up in 2010. Since the tribunal was established, it has served as a protector of the rights of marginalized communities. This chapter analyses how the NGT has responded to the cause of two specific marginalized communities – tribal peoples and fisherfolk. The chapter looks at cases dealing with different aspects, such as balancing of development and environment, challenges to the process of environmental impact assessment and rehabilitation and compensation. Although the judiciary has frequently attached greater importance to economic and technological progress, the NGT has proved itself to be a people's court. The forum has not entirely sidelined economic advancement, even while striving to protect environmental interests and resources. Sceptics might question the real tangible efficacy of the tribunal, but the fortitude and maturity of the forum is without doubt admirable.

Item Type: Book Section
Keywords: Environmental law | National Green Tribunal | NGT |
Subjects: Physical, Life and Health Sciences > Environmental Science, Policy and Law
JGU School/Centre: Jindal Global Law School
Jindal School of Environment & Sustainability
Depositing User: Mr. Syed Anas
Date Deposited: 26 Jan 2022 15:26
Last Modified: 26 Jan 2022 15:26
Official URL: https://doi.org/10.4324/9781003141228-5
URI: https://pure.jgu.edu.in/id/eprint/873

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