Dr Vijay Kulkarni sought to highlight key principles like ‘polluter pays’, ‘precautionary’ and sustainable development
There is a need for introspection and improvement in environmental adjudication practices, said Dr. Vijay Kulkarni, an expert member of the National Green Tribunal (NGT), batting for sustainable development.
He was delivering the keynote address on ‘Legal Protection and Improvement of the Environment: Challenges and the Way Forward’, backed by the Maharashtra Pollution Control Board, here.
The NGT is tasked with providing effective and expeditious remedies in cases relating to environmental protection, conservation of forests and other natural resources, and enforcement of any legal rights relating to the environment. Its orders are binding.
Dr. Kulkarni sought to highlight key principles like ‘polluter pays’, ‘precautionary’ and sustainable development.
The ‘polluter pays’ principle has led to the imposition of heavy costs on violators, but there is a need to determine if such penalties will deter pollution or encourage “pay and pollute” behaviour, he said.
The precautionary principle emphasises caution in the face of potential environmental risks, but it can sometimes hinder progress, he said.
Kulkarni proposed a data-driven approach to determine appropriate thresholds and calls for joint introspection by regulators, the judiciary, and engineers to improve the effectiveness of the Environmental Impact Assessment (EIA) process, which helps one evaluate the environmental impact of a proposed development.
He said collaboration between environmentalists, regulators, and the judiciary is crucial to developing techno-economically viable solutions for sustainable development and environmental restoration.
Justice UD Salvi, a former judicial member of the NGT, highlighted the need to preserve the environment for future generations, underscoring the challenges posed by the ever-changing political landscape and the diverse ideologies that shape “our way of life.”
“Our environment is our legacy, passed down to us by previous generations, and it is our duty to maintain its integrity. Failure to do so makes us culprits in its degradation,” Justice Salvi said.
He noted that the enthusiasm people have for imposing their lifestyles and beliefs often leads to significant environmental impact, a situation he described as a "great efflux."
Despite these challenges, Justice Salvi stressed the unchanging principles of nature and science. "The ideologies and ways of life may evolve, and new political scenarios may emerge, leading to different developmental agendas.
However, the fundamental laws of nature remain constant. It is our responsibility to ensure that development, as directed by our leaders, is conducted without compromising the environment's health," he asserted.
Justice Salvi advocated for sustainable development that harmonises economic growth with environmental protection.
“Remember, as guardians of the environment, it is incumbent upon us to oversee its protection. Changes in ideologies and political climates are inevitable, but our commitment to safeguarding nature must remain unwavering,” Justice Salvi added.