Published in Dwarka Express on 12.5.24

In most of the court cases related to environment versus development, initially courts observe as if they are very friendly to ecology and have deep concern for environment. But when the judgment comes, in many cases the decision favours the developmental activity only. For instance, in tree felling cases, courts permit felling of trees and allow infrastructure development. In South Delhi, during redevelopment of areas, felling of trees were strongly protested by environmentalists in 2018 by staging a CHIPCO. Several NGOs have filed PIL but the redevelopment work never stopped. Trees were felled. In Dwarka Expressway opposite to Shiv Murti statue, large number of trees were felled for a road expansion project. It is beyond comprehension whether the resistance from the protagonists of development is hard-hitting or the arguments in favour of environment are frail. Even when court advocates transplantation or compensatory plantation, such moves are never monitored. Many a time, the transplanted trees wither.

India has lost 6.7 lac hectares of forests between 2015 and 2020 according to a report. Many petitions in protest have since been dismissed by various courts.  India has 500 plus environment laws including 17 state laws to control crimes related to pollution and destruction of natural resources.  The directive principle under Article 48A of the Indian constitution speaks of environmental protection and safeguarding of forests and wildlife. Though laws are there to protect environment, the experience shows that the enforcement of the laws and punishment of the criminals are not felt. Further the meddling of political parties and bureaucracy is daunting. People also do not raise to the occasion, cutting across the party affiliations for fear of victimization. Besides, if someone is having a blind faith in some political party, he or she gets mellowed down resulting in compromising the stand.

History has shown us that in blackbuck hunting case, influential people could go scot-free. Even if proved guilty the punishment is always minimal. Recently in a power plant case in Bangalore, in a knee jerk reaction, thousands have thronged the social media to protest against the gas leakage and noise pollution. But the police took a stringent action against the admins who sought their permission to conduct a peaceful dharna. In the last minute the proposed dharna was dropped as difference of opinion brewed up. Ultimately people’s voice gave way to the noise pollution and gas release. There is no equity in punishing the poor and leaving the rich in environmental cases. We come across large scale violations all over the country either in the form of forest land encroachment or infra construction in pristine forest areas. Single use plastic was banned by Government from July 1, 2022. Still, we see free use of SUP everywhere.

A law without enforcement is a tiger without teeth!