Tag: indianlaw

About the Firm

Established in the year 2011, Anantam Legal in South City 1, Gurgaon, Delhi is a top player in the category Lawyers For Public Interest Litigation in Gurgaon, Delhi. This well-known establishment acts as a one-stop destination servicing customers both local and from other parts of Gurgaon, Delhi. Over the course of its journey, this business has established a firm foothold in its industry. The belief that customer satisfaction is as important as their products and services has helped this establishment garner a vast base of customers, which continues to grow by the day. This business employs individuals that are dedicated to their respective roles and put in a lot of effort to achieve the common vision and larger goals of the company. In the near future, this business aims to expand its line of products and services and cater to a larger client base. In Gurgaon, Delhi, this establishment occupies a prominent location. It is an effortless task in commuting to this establishment as there are various modes of transport readily available.

Anantam Legal is known to provide top services in the following categories: Lawyers, Lawyers For Property cases, Lawyers For Criminal, Lawyers For Divorce cases, Civil Lawyers, Lawyers For Supreme Court, Lawyers For High Court, and Lawyers For Matrimonial Cases.

About the Job

• Role: Associate

• Eligibility: PQE 0-2 years

• Location: Delhi

How to Apply?

Interested candidate can send their CV to anant@anantamlegal.com.

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About the Company

Registered in 2020, N.G. & Associates has made a name for itself in the list of top service providers in India. N.G. & Associates is listed in Trade India’s list of verified companies offering a wide array of etc.

About the Internship

Eligibility: Any candidate having a legal background (LL.B or B.A.LL.B from any reputed college)

Duration: Three months (July-September)

Mode: Offline/Physical

Location: Noida, Uttar Pradesh

Candidates are required to have basic knowledge of IPR, Commercial laws and have an interest in exploring different dimensions of commerce and law.

How to Apply?

Interested candidates can email their updated resumes to info@ngandassociates.com harshitmishra410@gmail.com.

Disclaimer: All information posted by us on Lexpeeps is accurate to our knowledge. However, it is advised that you verify and confirm things on your end.

For regular updates, we can catchup at-

WhatsApp Group:

https://chat.whatsapp.com/G4bxdgRGHY8GRzOPSHrVwL

Telegram:

https://t.me/lexpeeps

LinkedIn:

https://www.linkedin.com/company/lexpeeps-in-lexpeeps-pvt-ltd

INTRODUCTION

After independence, our nation was struggling to overcome many issues such as illiteracy, poverty, hunger etc. Due to all this, environmental issues were getting neglected by the government but with time, the people and authorities started to recognize environmental issues. With the advent increase in the rate of global warming, and rise in the sea level we are destroying our nation which is inherited us by our forefathers. If the situation continues to go like this, our future generation will not see what we are having today.

India is one of the countries which actively take part in environmental issues and one of the events is the UN- 2030 agenda is the global framework to eradicate poverty and achieve sustainable development goals by 2030. There is a total of 17 sustainable development goals and the agenda for the environment can only be resolved by establishing specific courts and tribunals for environmental issues. It has been ascertained that if environmental cases are to be considered, they must be based on scientific analysis, which is only possible with the assistance of experts and judicial officers. If this is followed, the judicial system will become more efficient in resolving environmental issues. For tacking cases related to this environment, the national green tribunal was established under the national green tribunal act, 2010. India is the third country to establish such a kind of special body to deal with environment-related ted issues followed by Australia and New Zealand.  

THE IDEA FOR CREATING ENVIRONMENTAL COURTS IN INDIA

Due to the huge escalation in the cases related to the environment, there was a form of an increase in the rate of delivering justice in the environmental cases. The national green tribunal was established on 18^th October 2010 under the nation green tribunal act, 2010. This statutory tribunal was set up with the central objective of resolving disputes related to the environment. In the Bhopal gas tragedy case^[i] in which, Mc Mehta filed a writ petition under Articles 21 and 32 of the Indian Constitution seeking the closure of all Shriram Food and Fertilizers factories engaged in hazardous substances and located in the congested area of Kirti Nagar. During the petition before the court, there was a gas leak from one of the factories, which resulted in the death of an advocate, as well as other people being affected by the gas leak. This incident makes me think of the Bhopal gas leak disaster. Following that, factories were immediately closed. The bench of five judges, led by Justice PN Bhagwati, issued the rule of absolute liability, which means that if a factory deals with hazardous substances and the hazardous substances escape, causing the death of many people. The factory would then be liable even if reasonable care and protection were taken. As with absolute liability, there is no defence. The law must be amended as civilization advances. As a result, the court held the industry “totally responsible” and ordered that compensation be paid regardless of whether the injury was proven Further, in the case of the union of India V. Vimal Bhai, the supreme court raised the issue of difficulty in solving the technical environment-related issues and need for special environment court. Both these cases further aggravated the need for a separate environment court.

PRINCIPLES OF JUSTICE ADOPTED BY THE NATIONAL GREEN TRIBUNAL

The national green tribunal is not bound to follow any procedure provided by the Code of Civil Procedure and the Indian Evidence Act, 1872.

They follow the principle of natural justice, sustainable development, and the polluter pays principle,

Principle of natural justice

Natural justice revolves around the principle of ‘unbiased’ or ‘fairness’ Making an adequate and reasonable decision on a specific issue is what natural justice entails. It doesn’t always matter what the reasonable decision is, but in the end, what matters is the procedure and the people involved in making those reasonable decisions.

There are mainly three rules followed by the natural justice

1. First is the ‘HEARING RULE’, which states that the person or a party who is going to be affected by the decision then, he’/she will be allowed to express their point of view to defend themselves.
2. Second is the ‘BIAS RULE’ which states that the decision should be given by the judges fairly.
3. Last is the ‘REASONED DECISION’ which states that the judgement given by the court will be given on the reasoned ground

Sustainable development

The word sustainable development was first used in the Stockholm declaration, in 1972. Sustainable development means fulfilling the needs of the present generation without compromising the need of the future generation.

Polluter pays principle

The polluter pay principle is a common practice which means that the polluter who produces the pollution has to bear the cost for the harm caused to human health or the environment.

NATIONAL GREEN TRIBUNAL ACT, 2010:^[ii]REASON FOR THE ENACTMENT OF ACT

• One reason was the rate at which the resources are getting exhausted, factories are set up and increasing urbanization which further leads to the increase in the pendency of cases related to environmental issues. Due to this environment courts were set up including the national green tribunal.
• Article 21 which is the heart of the Indian constitution also includes the right to live in a healthy environment, which is also our fundamental right. Along with this, Article 48(A) which is the directive principle of state policies states, “the state should endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.”
•  As a member of the United Nations Conference on Human Environment, India was obligated to provide very effective judicial and administrative proceedings, as well as to redress the liabilities under national laws for victims of environmental pollution and damage.
• To provide relief and compensation for the damage caused to life, property, and the environment.  

POWERS OF THE TRIBUNAL

The power of tribunal is conferred under the section 19 ^[iii]of the said act

• The tribunal has the power to hear and analyse the case and provide relief or compensation to the aggrieved person.
• Has the power to issue the commission for witnessing the documents.
• Has the power to dismiss the case if the case is found to be defaulted or in the case of ex-parte.
• It can also pass the interim order after listening to both sides of the parties.
• Under section 20 of the said Act, the tribunal has the power to order or grant any award to take step towards substantial development.
• Section 21^[iv] of the act states that decisions made by the majority of the tribunal’s members are binding on the aggrieved parties.

If the matter falls under any of these acts

• Wildlife (Protection) Act, 1972^[v]
• Indian Forests Act, 1927^[vi]
• Other tress prevention Act

Then, the national green tribunal doesn’t have any power in these matters. People can approach either to civil court or can file a writ petition under a high court or supreme court.

COMPOSITION OF NATIONAL GREEN TRIBUNAL

Under Section 4 of the act,^[vii] it is mentioned that what should the tribunal consist of

• An eligible full-time chairperson as defined under the national green tribunal act, 2009.
• 10 -12 judicial officers.
• The chairperson has the power to call any specialised person in the tribunal for assistance.
• The central government can notify the territorial jurisdiction that falls under a specific place of sitting.
• The central government along with the chairperson has the power to make rules and regulations for the tribunal.

The first chairperson of the national green tribunal was Justice Lokeshwar Singh.

BENEFITS OF NGT

• DEDICATED COURT FOR ENVIRONMENTAL MATTERS

The establishment of the national green tribunal helps to lighten the burden of the supreme court by handling cases related to the environment and providing them relief and compensation to the aggrieved person.

• ALLOWS SPECIALIZATION

NGT is composed of judicial officers and highly qualified professional and environmental experts who handle the cases judiciously and with expertise.

• TIME-BOUNDED DISPOSAL OF CASES

The tribunal has to dispose of the application within 6 months of filing the same.

• WIDER REACH

The quality of time spent on these issues could also be improved because, unlike the Supreme Court, the tribunal could have benches in various states, allowing all citizens equal access.

CHALLENGES

• LIMIT TO JURISDICTION

Wildlife protection act, 1972, Indian forests act, 1972, and other trees prevention acts don’t fall under the jurisdiction of the national green tribunal act.

• OBSTACLE TO DEVELOPMENT

NGT decisions have also been criticised and challenged because of their implications for economic growth and development.

• LOOMING VACANCIES

The lack of human and financial resources in NGT undermines the rule of NGT for disposing of the case within 6 months.

• LIMITED REGIONAL BENCHES

NGT is only found in major cities across India like Delhi, and Pune  However, environmental exploitation occurs in tribal areas of dense forest.

JUDGEMENTS

• In the case of Braj Foundation V. state of Uttar Pradesh, the Braj Foundation filed the case and asked the government to draft a memorandum of understanding for the practice of afforestation at the Vrindavan. The government contended that the advertisement was just an invitation to treat not a contract. But the national green tribunal held that the government must promote afforestation,
• In the case of Jeet Singh Kanwar V. the union of India, In this case, the petitioners are challenging the environmental clearance granted for the construction of a coal-fired power plant. Finally, it was determined that if the environmental clearance is not causing excessive environmental degradation, the project can be continued. However, the tribunal issued an award regarding the illegality of the environmental clearance due to the consequences.
• In the case of A.P. Pollution Control Board V. Prof. M.V. Nayudu (1999) case, With an appeal to the Supreme Court from the Environmental Court, the Supreme Court emphasised the need for a court that was “a combination of a Judge and Technical Experts” in the landmark case.
• In the case of Save Mon Federation V Union of India, the NGT stopped the hydro project worth rupees 6,400 cr to save the habitat of a bird. The NGT ruled that a December 2016 amendment to the EIA 2006 notification was a “ploy” (by the government) to get around the 2006 rules. Many projects were approved illegally, such as the Aranmula Airport in Kerala, the Lower Demwe Hydro Power Project and Nyamnjangu in Arunachal Pradesh, mining projects in Goa, and coal mining projects in Chhattisgarh were either cancelled or reassessed.

CONCLUSION

In conclusion, it is important to see the decision taken by the NGT as a path towards sustainable development, not as an obstacle to development. There should be a balance maintained between development and a healthy environment. Development depleting natural resources in a huge number will be in vain. It will not have any valuable meaning. If this keeps on going then, our future generation will not be lucky enough to see the resources we have today. We should follow the concept of sustainable development, i.e to utilize the resources in such a manner that they are saved for our future generations.

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CITATION

[i] 1987 SCR (1) 819.

[ii] National Green Tribunal Act, 2010

[iii] National Green Tribunal Act, 2010, Sec 19.

[iv] National green tribunal act, 2010, sec 21.

[v] Wildlife (protection) Act, 1972.

[vi]Indian forest act, 1927.

[vii] National green tribunal act,2010, sec 4.

This article is written by Prerna Pahwa, a student at Vivekananda Institute of Professional Studies, New Delhi.

INTRODUCTION

“Yato Dharmastato Jaya” means “Where there is Dharma, there is victory”. The Motto of the Supreme Court clearly shows that Judicial Independence is the barricading of our dynamic system. It gives vitality to the words of legislators who framed the Indian Constitution with a vision. Justice is that harmless weapon in the hands of people which if lost would shatter the society to pieces. Hence the Judiciary is empowered to become the voice of the people and to impart a sense of freedom within the society.

SUPREME COURT OF INDIA- THE KEEPER OF JUSTICE, EQUITY AND GOOD CONSCIENCE

With the advancement of time and keeping at a pace with the revolutionary changes that are occurring worldwide, our Indian Society has taken a major blow as well. Age-old laws, beliefs, lifestyle, and customs are all taking a leap and requires major improvisation. Legislators, Administrators, and Judiciary have been constantly realising the need for an hour and striving hard to maintain balance, nationally and internationally.

Supreme Court of India, the watchdog of our rights is often reached out to raise its voice when people are losing their faith in the system. Constitution of India is the Grundnorm of Indian Society, it sets out the ultimate goal below which derogation is neither possible nor allowed. Every law, legislation, judgment, and rule framed must be in line with the essential spirit of our Constitution. The primary duty to adhere to the Constitution is of the Supreme Court. The constitution itself has given vast powers to the Supreme Court to maintain the sanctity of legislative intent behind the constitutional framework.

India works on the principle of Rule of law which can function effectively only when access to justice is readily available. Justice is that basic resource which every individual must have access to in order to stabilise. Injustice, unfairness to another or violation of one’s rights would only result in instability.  The Supreme Court is thus given the agenda of keeping checks and balances in the ever-evolving Indian society.

Justice is one of the essential traits of our Constitution as envisaged in the Preamble and Supreme Court is basically a medium to enforce the common will of the people. If the Judiciary gets biased and starts to create difference the light of justice would fade away and the faith of the people would be lost forever. The most important function of the Judiciary is the Administration of Justice for the upliftment of society.

THE TUSSLE BETWEEN THE JUDICIARY AND LEGISLATURE

It is very well said that the excellence of the judiciary is the measure of excellence of its government. Though the two always strive to have the ball in their court but in the Indian Political democratic setup, independence of the two organs is very essential. Supreme Court though many a time takes suo moto cognizance on matters of public importance and where grave injustice could be witnessed, it does not empower it to intermeddle with the work of the legislature. Supreme Court hold the power to refrain itself from any matter involving law and order situation and thereby confer its forbearance on the authorities concerned.

THE INTERRELATION OF JUSTICE WITH POVERTY

Barriers to access to justice are very strong in developing countries and primarily amongst the poorest crowd. Discrimination, inequality, lack of legal awareness and corruption often weaken the justice delivery system and have a direct impact on poor people. Those who lack the resources to access the legal system often face the brunt. They are exploited by corrupt government officials and still, their path toward justice remains blurred. For example, In India, there is very less discussion on bringing the socio-economic profile of the death row prisoners as a mitigating factor while awarding them capital punishment. As a result of which there is empirical evidence now that a vast majority of India’s death row prisoners are extremely poor and often do not receive competent legal representation. The Apex Constitutional body must press upon the need to have proper representation of the needy. The access to justice must be smooth for those who believe it to be far-reaching.

GROWTH AND ADVANCEMENT OF SUPREME COURT

Supreme court of India flared up with decades of improvement and has earned the title of “The most powerful court in the world”. It conferred its primacy in judicial appointments by way of the collegium system and expanded its horizons using its power of judicial review thereby intervening in the arbitrary use of power by the executive. With time the Supreme Court emerged as the last ray of hope in the eyes of the public, who were earlier blindly trusting the political leaders. Judiciary in turn came out as an activist to compensate for the inactiveness of the executive. Recently Supreme Court also introduced an Artificial Intelligence Portal named SUPACE (Supreme Court Portal for Assistance in Courts Efficiency) aiming at equipping the machines to deal with a vast amount of data that is received at the time of filing of cases. It would reduce manpower and would result in the speedy and effective delivery of justice to those decades of pending cases. In 2020, the Supreme Court developed software called, SCI-Interact, to make all its 17 benches paperless. This software helps Judges access files, and annexures to petitions and make notes on computers. In November 2019, the Apex Court launched an indigenously engineered neural translation tool, SUVAAS, to translate judicial orders and rulings from English to vernacular languages faster and efficiently. 

MAJOR LANDMARK DECISION TAKEN BY SUPREME COURT TO IMPART JUSTICE

1. Kerala Union of Working Journalists V. Union of India. (2021 SC)- SC held that even an Undertrial Prisoner has an unconditional fundament right to life.
2. Satbir Singh V. State of Haryana (2021) Guidelines drafted for Dowry Death Trials. The Court held that while interpreting Section 304-B IPC, the legislative intent to curb the social evil of bride burning and dowry demand should be kept in mind. The Bench, therefore, laid down guidelines for Dowry Death trials in the lower courts.
3. Kesavananda Bharati Sripadagalavaru V. State of Kerala, 1973- The Basic Structure Doctrine was founded by the largest bench of the Supreme Court.
4. Shayara Bano vs Union of India & Others, 2017- the Apex Court declared Triple Talaq to be Unconstitutional and imposed a ban on its usage. Its use in any form would be considered illegal.
5. Navtej Singh Johar V. Union of India, 2018- The court allowed consensual relationships among the individuals of the LGBT community which made it one of the historic Supreme Court judgments. Supreme Court also made it clear that the choice of LGBT persons to enter into physical relationships with persons of the same sex is their choice. They are equally entitled to the enforcement of their Fundamental Rights. 

• Subhash Kumar V. State of Bihar– The right to live is a fundamental right under Article 21 and includes the right to the enjoyment of pollution-free water and air.

• The Nibhaya gang Rape wherein justice was imparted after 8 years of legal battles and struggles faced by the victim’s family.

CONCLUSION

The Supreme Court is seen as a final and last resort when aggrieved party losses all its hope and yet strives to keep within itself a ray of justice. The Indian Legal System is so complicated and diverse that justice is not easily sought. It takes decades of procedural work and several recourses are available to the accused which many a time acts as a hurdle in imparting speedy justice yet the judiciary is all about maintaining balance. Courts are examples of weighing both parties at par until one is proven guilty. Supreme Court consists of intellectual minds that believe in imparting justice with a rationale. An emotional bent of heart or keeping in sight the devastating condition of the party must not become a factor while deciding a case as it might be wrong. The principles of Natural Justice must be followed to impart justice and to set a landmark for the society at large.

The Supreme Court has never failed us to illustrate its supremacy by giving major landmark decisions such as the Aadhaar Case ( Right to Privacy of an Individual is a Fundamental right), and the Sabrimala Temple Case whereby even the women irrespective of age were allowed entry into the temple, thus bringing them onto the same platform as men. The Supreme Court always moves one step ahead and in case of major public outrage, it even interferes in the matters of legislative or executive matters by way of forming committees headed by Supreme Court Judges. Justice is one of the goals of the Indian Judiciary and the same is paramount. Though in a country like India where there is so much diversity, at times justice gets delayed but the proactive role of the Supreme Court and other Courts aims to furnish quick, efficient and speedy justice to the aggrieved.

This article is written by Ajita Dixit, who graduated from ILS, Dehradun and is currently pursuing her Master’s in Law.