Why Industries Still Don't Take Environmental Laws Seriously?

In the pursuit of sustainable development, it is imperative that our industries operate in harmony with the environment. While governments worldwide have enacted stringent environmental laws to safeguard our planet, the question remains: are these regulations being effectively implemented? World Environment Day provides us with an opportune moment to reflect upon the limitations of institutions tasked with enforcing environmental legislation, such as the National Green Tribunal (NGT).

The NGT, established in 2010 under the National Green Tribunal Act, was envisioned as a specialized judicial body entrusted with the responsibility of resolving environmental disputes and enforcing environmental laws in India. However, despite its noble intent, there are significant gaps in its functioning that have hindered its efficacy, leading to a lack of seriousness among industries regarding compliance with environmental regulations.

As per Section 4(1) of the NGT Act, 2010, the Tribunal shall consist of not less than ten but subject to maximum of twenty full time Judicial Members. As on 12.12.2022, the sanctioned strength of Judicial Members in the National Green Tribunal (NGT) is ten (10).?

One of the major limitations of the NGT lies in its jurisdictional restrictions. The tribunal's authority extends only to cases concerning violations of environmental laws, leaving certain critical aspects outside its purview. Matters related to environmental clearances, policy formulation, and legislative amendments, which hold immense importance in regulating industries' environmental impact, often fall beyond the NGT's jurisdiction. Consequently, the absence of comprehensive coverage undermines the tribunal's ability to holistically address environmental concerns.

Furthermore, the NGT's limited enforcement powers pose a significant challenge to its effectiveness. While it can issue orders and levy fines for non-compliance, its reach and ability to enforce such measures are frequently constrained. In many cases, industries flout environmental regulations with little fear of retribution due to the absence of strict punitive actions. This leniency fosters a culture of non-compliance, leading to an unfortunate disregard for environmental laws among industries.

Another aspect worth considering is the delay in the NGT's decision-making process. Overburdened with a vast number of cases, the tribunal often faces a backlog, resulting in prolonged hearings and delayed judgments. Such delays dilute the impact of the NGT's interventions and hinder the timely resolution of environmental disputes. Industries, aware of the protracted legal proceedings, may exploit this situation to continue their operations without adhering to environmental norms, further eroding their respect for the regulatory framework.

Moreover, the lack of awareness and accessibility of the NGT among the affected stakeholders hampers its effectiveness. Many industries, particularly smaller enterprises or those operating in remote areas, may not possess sufficient knowledge of the tribunal's existence or how to engage with it effectively. This information gap fosters a climate where environmental laws are not taken seriously, as companies remain ignorant of the avenues available for seeking redress or resolving disputes in an environmentally responsible manner.

As we commemorate World Environment Day, it is crucial to shed light on the limitations of institutions like the NGT and their impact on the compliance behavior of industries. Recognizing these shortcomings can serve as a catalyst for initiating reforms that enhance the effectiveness of environmental governance. Strengthening the NGT's mandate, streamlining its processes, and creating greater awareness among industries and the public are key steps towards promoting sustainable development and ensuring a more harmonious relationship between industries and the environment.?

Note :

Environment laws in India:

1. The Public Liability Insurance Act and Rules 1991 and Amendment, 1992?
2. The National Environmental Tribunal Act, 1995, Amendment, 2010?
3. The National Environment Appellate Authority Act, 1997
4. The Biomedical Waste (Management and Handling) Rules, 1998?
5. The Environment (Siting for Industrial Projects) Rules, 1999
6. The Municipal Solid Wastes (Management and Handling) Rules, 2000
7. The Batteries (Management and Handling) Rules, 2001
8. The Noise Pollution (Regulation and Control) (Amendment) Rules, 2010
9. The Air (prevention and control of pollution) Act, 1981?
10. Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA)?
11. The Forest (Conservation) Act, 1980
12. The Wildlife Protection Act, 1972?
13. The Water (Prevention and Control of Pollution) Act, 1974
14. The Ozone-Depleting Substances (Regulation And Control) Rules, 2000?
15. Coastal Regulation Zone Notification, 2018???????????
16. The Energy Conservation Act, 2001
17. The Biological Diversity Act, 2002
18. The National Green Tribunal Act, 2010
19. The Wildlife (Protection) Act, 1972
20. The Wildlife (Protection) Amendment Bill, 2021?

Currently, the tribunal enjoys power relating to the implementation of the following Acts:

1. The Water (Prevention and Control of Pollution) Act, 1974;
2. The Water (Prevention and Control of Pollution) Cess Act, 1977;
3. The Forest (Conservation) Act, 1980;
4. The Air (Prevention and Control of Pollution) Act, 1981;
5. The Environment (Protection) Act, 1986;
6. The Public Liability Insurance Act, 1991;
7. The Biological Diversity Act, 2002.

The tribunal does not have jurisdiction over certain acts such as the Wildlife Protection Act, 1972, and the Indian Forest Act, 1927.?

?The time limitation clause stated in Section 14(3) of the NGT Act, 2010 is vague and requires revision. According to this provision, complaints regarding environmental protection must be filed within six months of the cause of action, with a possible extension of six months only in exceptional cases. This provision fails to consider the potential long-term effects of environmental damage. It does not acknowledge that in certain instances, the harmful effects of environmental degradation may take time to manifest. An illustrative example of this is the detrimental effects of the use of radioactive substances.