India is going to be the third country in the world to have a separate judiciary for trying environmental cases. The other two countries with a similar judiciary are Australia and New Zealand. The National Green Tribunal will have twenty members. Ten members will be from the judiciary and ten will be environmental experts. The Tribunal will have four circuits in an effort to hear cases in as much geographical territory of India as possible. Previously, India had a capped penalty of $564 dollars for polluters throughout the country. The National Green Tribunal will be able to order polluters to pay higher amounts.
Some American environmentalists are skeptical of the benefit that the Tribunal will provide. India has had two similar tribunals and both have been widely criticized. In 1995, a hazardous waste tribunal was established, and in 1997, the Nation Environmental Appellate Authority, which the National Green Tribunal will be replacing. Business is growing rapidly in India, and the government is facing pressure to make sure that any environmental regulation will not slow the growth of this business.
India has 5,000 environmental cases currently on file that the National Green Tribunal will be responsible for hearing once it is up and running. One of these cases involves the government’s disposal of toxic waste in 2008 from a chemical spill disaster in 1984. Approximately 350 tons of waste was released from a chemical plant owned by Union Carbide, and 3,800 people were killed as a result. Residual gas from the spill killed an additional 15,000 people and left about 50,000 injured. There are allegations that the 2008 disposal of the waste was done in an improper and secretive manner. With such questionable governmental practices in India, one has to wonder if the National Green Tribunal will do its part to change the situation.
-Evan Aronson, Legal Intern
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