Monday, May 19, 2014

SEMINAR DELIBERATES ON ENVIRONMENT AND LAW Environment Protection Act a farce says former SC Judge, GS Singhvi AMEET OBEROI

GANGTOK, 17 May: A two-day seminar on environment and the law was organized by Human Rights Law Network [HRLN] in collaboration with Sikkim Women’s Forum for Justice, Equality and Liberty at Chumbi Residency today. The chief guest for the programme was Justice GS Singhvi [former judge, Supreme Court of India] while also present as guests of honour were Justice NK Jain [Chief Justice, High Court of Sikkim], Justice SP Wangdi [Judge, High Court of Sikkim], social activists from North Sikkim and local people.
In his key note address, the chief guest stated, “Each one of us is sitting on three nuclear bombs; air, water and land pollution. The earlier generation was into conservation while the present generation is made up of consumers and so the protection of the environment is very important”.
The government initiates hydel projects to generate revenue but no assessment of the impact is done, he said, adding that using the slogan of development, environment is being destroyed every day.
“Towns have become concrete jungles, trees will be cut down, lakes and rivers will run dry just to fulfill our greed,” he added.
The Environment Protection Act [EPA] is a farce and the public hearings that are announced which never take place are just to hoodwink the public, said Justice Singhvi.
Further expressing his views against hydel projects he said that the protest of a section of the Sikkimese public against hydel power projects was absolutely right. People should continue their struggle that they have undertaken for the coming generation, he added.
“During land acquisition by project developers one should remember that a person whose land is being acquired eventually becomes a servant from being the landowner. Even the print and electronic media has been bought by these project developers, so if the judiciary does not intervene then people will take law into their own hands. Therefore it is necessary for the courts to intervene and to back the people and get them proper justice,” he stated.
Earlier, in his address, the Chief justice, High Court of Sikkim, NK Jain stated that when people disturb the ecological balance of nature it directly affects the life of the people of the area and so the judiciary can play an important role in the protection of the environment. There is need for the people and citizens to come forward and approach the judiciary in the form of PILs to take necessary action for the protection of the environment, wildlife and natural resources, he stated.
“Earlier not much emphasis was given to protection of environment and on laws related to it but with the passage of time it has gained much more importance and even the laws have become stronger and stricter”, stated Justice SP Wangdi [Judge, High Court of Sikkim], during his address.
There are laws but they are not being implemented properly and the concerned departments are not taking proper decisions in such cases so the courts have had to step in through PILs so that the rights of the poor, disadvantaged and of the voiceless could be taken up, he added.
In Sikkim, people live in sync with the environment and the ecology, natural resources, so if people destroy the environment then they are killing life itself. That is why the doctrine of public trust was adopted by the court for the benefit of the people and for the protection of the environment, he stated.

The gathering was also addressed by Dr. Doma T Bhutia [Advocate, High Court of Sikkim], who spoke on development versus displacement, while Souparna Lahari [researcher/ social activist] spoke on “hydro power project in Sikkim: a story of violation, coercion and suppression”. Social activists from North Sikkim also addressed the gathering. A documentary film on the movement against dams was also screened on the day.

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