A lawyer on Saturday (August 3) wrote to Chief Justice D Y Chandrachud, urging the establishment of dedicated and permanent “green benches” in all high courts for the prompt and effective adjudication of environmental matters.
Advocate and environment activist Akash Vashishtha highlighted that the nation is currently experiencing unprecedented climate disasters and escalating ecological assaults.
Advocate Vashishtha acknowledged that the National Green Tribunal (NGT) has evolved into an effective and efficacious forum for dispute resolution. However, he pointed out that the inherent limitations of the National Green Tribunal Act, 2010, have posed significant challenges for citizens seeking environmental justice.
The letter to the Chief Justice emphasized that, in contrast to the remedies available under the National Green Tribunal Act, 2010, Article 226 of the Constitution of India provides a more comprehensive recourse. This enables citizens, as victims, to seek compensation for environmental wrongs committed both in rem and in personam.
The lawyer stressed the urgent need to establish a rapid and effective mechanism for a permanent, dedicated, and robust resolution of environmental, ecological, and climate change issues in every high court of the country. He proposed the constitution of one or more dedicated and permanent “green benches” in all 25 high courts, similar to those in the Hon’ble Supreme Court.
“The number of green benches in each high court should correspond to the number of courts functioning within that high court, the numerical strength of the judges, and the population of the state(s) under its territorial jurisdiction,” Vashishtha suggested in his letter.
He concluded by emphasizing that establishing these green benches is crucial to addressing the critical environmental challenges faced by the nation, thereby ensuring timely and effective justice for environmental wrongs.
