Photo Credit: Martine Perret, UN Photo
The National Green Tribunal (NGT) Act, passed by the Indian Parliament in May 2010, established a court to deal with environmental disputes throughout the country. Though hailed as a progressive mechanism for victims of pollution and environmental degradation to seek redress, the government delayed putting in place the needed infrastructure, staff, and judges for over a year. The deadlock was broken when environmental groups that are part of The Access Initiative in India took the issue to the Supreme Court, which ruled in their favor, forcing the government to implement the tribunal.
This turn of events underlines the influence and effectiveness of The Access Initiative (TAI) which is co-led by WRI. Established in 1999, TAI is the largest network of civil society organizations in the world dedicated to ensuring that citizens have the right and ability to influence decisions about the natural resources that sustain their communities. TAI-India has become a visible and influential player in India’s environmental governance arena.
Following the Supreme Court’s intervention, India’s National Green Tribunal started functioning on July 4, 2011, hearing thirty-five cases in the first two weeks. TAI India members won another victory when they brought to the media’s attention a stipulation in the Act requiring petitioners, when filing for environmental damages, to pay one percent of the compensation claimed. Following media coverage, the Minister for Environment and Forests, immediately withdrew the regulation requiring fees, which would have deterred poor people from seeking the tribunal’s help.
Indian citizens will now have unfettered access to an environmental court – an important step in advancing environmental rights in the world’s largest democracy. Although the court now functions in only New Delhi, the government plans to expand its presence to five other locations.