Subordinate courts are crucial in environment cases: former judge
Express News Service

The Indian Express

August 4, 2002

Bangalore, Aug 3: Judges in subordinate courts should do their bit to protect the environment, said retired Supreme Court Judge Krishna Iyer in Bangalore on Saturday.

The subordinate judiciary’s effective handling of cases relating to the environment would mean expenses are lesser, with the process getting quicker and enforcement of court orders being more prompt, Iyer noted at a workshop on ‘Judicial Enforcement of Environmental Law in Karnataka.’

Environmental judges should not be the monopoly of High Courts, he asserted, adding that “long-distance justice, high-priced justice and docket-delayed justice were the handicaps in higher courts.”

Stressing the need to curb pollution, he said subordinate courts have special advantages. “The munsif, district judge, magistrate and local bar can entertain Public Interest Litigation, social action and pro bono process once they know that the jurisdiction of local is wide too” Iyer said.

Speaking on “Environmental justice though judicial process: from Ratlam to Ramakrishnan”,’ Iyer said the traditional concept that development and ecology are opposed to each other, is no longer acceptable.

“Sustainable development has come to be accepted a viable concept to remove poverty and improve the quality of human life while living within the carrying capacity of the supporting ecosystems,” he said.

Justice N. K. Jain, who delivered the inaugural address said the objective of the two-day workshop is to strengthen the judiciary’s capacity to enforce environmental laws. “The law cannot work without public cooperation and social conscience  among people,’’ said Justice Jain.

HC Judge and Karnataka Judicial Academy President Justice B Padmaraj also spoke. Director of Environmental Law Institute of USA, Pooja Parikh said that most high profile environmental law cases are confined to HCs and the SC. “Think of the number of cases that did not make it to them. Subordinate courts can address environmental issues in these cases,” she said. Judges, Non-Governmental Organizations and environmental activists are participating in the workshop, organized by Karnataka Judicial Academy, Environmental Law Institute of USA and the Environment Support Group.