NGT slaps ₹10 crore penalty on Kerala government

Source: The Hindu

Context:

Recently, the Principal Bench of the National Green Tribunal has slapped a penalty of ₹10 crore on the Kerala government for its failure to check the indiscriminate pollution of the Vembanad and Ashtamudi lakes, listed as Ramsar sites.

Key Highlights:

Ramsar sites are wetlands of international importance as per UNESCO’s 1971 Convention on Wetlands held in Ramsar, Iran.

It is said that the certification brings visibility to ecologically sensitive wetlands and helps in conservation.

NGT Observations and Order:

• The Bench said that the penalty imposed on the basis of the ‘polluter pays principle’ had to be deposited in a ring-fenced account to be operated under the authority of the Chief Secretary.
• The penalty of ₹10 crore had to be utilized for conservation/restoration measures by preparing an action plan to be preferably executed within six months.
• It would be open to the Chief Secretary to collect the amount from erring officers/ departments/ industries/ individuals in accordance with the law by an appropriate mechanism and hold erring officers appropriately accountable departmentally or by way of prosecution and also to proceed against other entities, railways, local bodies, and industries [responsible for the pollution] within three months.
• The Bench also observed that the report, submitted by state authority, depicted the disappointing state of affairs in ensuring the mandatory duty of protecting wetlands, which are Ramsar sites, in spite of binding orders of the Supreme Court in similar cases.
• Action taken at the State level was also inadequate to remedy the situation.
• The Bench also said that the State cannot plead helplessness in implementing guaranteed rights of the citizens and also in taking stringent measures for protection of environment and public health.

National Green Tribunal: 

1. The National Green Tribunal (NGT) is a specialized judicial body established in India in 2010 under the National Green Tribunal Act, 2010, to handle cases related to environmental protection and conservation.
2. The tribunal is headquartered in New Delhi and has regional benches in several cities across India.
3. The tribunal comprises a chairperson and several judicial and expert members, who are appointed by the central government.
4. The NGT has the power to hear all civil cases related to environmental issues and disputes arising out of the implementation of laws aimed at protecting the environment and enforcing pollution control measures.
5. It has the authority to hear appeals against any order or decision made by any regulatory authority under the relevant laws.
6. The NGT is empowered to take punitive action against individuals, industries, or government agencies that violate environmental norms or fail to comply with its orders.

Efforts made by Government:

• The Additional Chief Secretary, Department of Environment, had submitted a report to NGT stating the efforts made by government as followings:
• 1,176 notices had been issued by the local bodies concerned to the owners of flats, establishments, hotels, resorts, houseboats, and industrial units for dumping untreated wastewater into the water bodies.
• A total of 1,939 illegal outlets into the canals/drains leading to the lakes had been closed.
• A total compensation of ₹1.7 crore had been imposed on the violators.

Ramsar Convention and Sites:

About :

The Ramsar Convention, which came into existence in 1971, is an intergovernmental treaty that provides the framework for national action and international cooperation for the conservation and wise use of wetlands and their resources.

Wetlands :

The Ramsar Convention on Wetlands defines wetlands as “areas of marsh, fen, peat land or water, whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide does not exceed six meters.”

The Indian government’s definition of wetland excludes river channels, paddy fields and other areas where commercial activity takes place.

Montreux Record :

1. The Montreux Record is a register of wetland sites on the List of Wetlands of International Importance where changes in ecological character have occurred, are occurring, or are likely to occur as a result of technological developments, pollution or other human interference.
2. It is maintained as part of the Ramsar List.
3. At present Keoladeo National Park,Rajasthan and Loktak Lake,Manipur are the two Indian sites listed under it.

Way Forward:

On time emedial Action:

Statutory and administrative authorities should take remedial actions for protection of the Vembanad and Ashtamudi lakes hit by illegal waste dumping.

Enhancing public awareness and participation:

• Creating awareness campaigns, providing education and incentives for waste segregation and recycling, involving citizens in waste management activities through partnerships and citizen groups, and holding them accountable for littering and dumping.
• Strengthening legal and regulatory frameworks and enforcement:
• Simplifying and consolidating the wetland management laws, clarifying roles and responsibilities, empowering the local bodies and community-based organizations, creating a robust monitoring and evaluation system, and imposing strict penalties for non-compliance.

Conclusion:

Wetland management is a critical and complex issue that requires a multi-dimensional and collaborative approach to overcome the challenges and achieve sustainable outcomes.