Ridhima Pandey, a 9-year-old from Uttarakhand, has filed a lawsuit against the Centre for failing to take action on climate change. Don’t be surprised, after all it’s her generation that’s going to inherit the earth with all the environmental problems left by ours, writes Meera Gopal, who is representing Ridhima before the National Green Tribunal.
law & legislation
IndiaSpend reports: Nearly 46 million people live under conditions of slavery across the world, with 18 million (39%) of those in India, home to the world’s largest number of slaves, according to the 2016 Global Slavery Index. They have lost their freedom by way of bonded and domestic labour and sexual slavery, among other means.
From The Hindu: The rights do not stem from an intrinsic identity or status of the river, but more from their use for humans; and giving them ‘personhood’ or legal status makes it very human-centred. Can rivers not be recognised as having identity, worth, dignity, and rights as intrinsic qualities, not because they serve us?
From Friends of the Earth: The 2015 Indonesian forest fires, started by farmers and palm-oil companies to clear land for plantation, lasted for months and caused massive air pollution and greenhouse gas emissions, at one point releasing more carbon dioxide than the entire U.S. economy, and causing an estimated 100,000 premature deaths in the region.
The Guardian reports: El Salvador has made history after becoming the first country in the world to ban metal mining. Cristina Starr, from Radio Victoria, said: “Today water won over gold. This historic victory is down to the clarity and determination of the Salvadoran people fighting for life over the economic interests of a few.”
Live Mint reports: The Uttarakhand high court has recognized the Ganga and the Yamuna as so-called living entities, giving the rivers that have seen years of damage, a legal voice. Animals, for instance, aren’t considered living entities by law. It’s the first time a court has recognized a non-human as a living entity in India.
The Guardian reports: Around the world courts are stepping in when politicians fail to act, with South Africa’s government the latest to lose a groundbreaking climate lawsuit with judges ruling against its plans for a new coal-fired power station. The government’s approval of the proposed Thabametsi coal-fired power station was challenged by NGO EarthLife Africa.
Dr George Schaller, considered one of the finest field biologists in the world, and has a close connection to India. His work with tigers in Madhya Pradesh’s Kanha National Park, revolutionised wildlife research in India. He tells Scroll.in how Indian conservation has changed, why scientists need to engage with governments and what keeps him going.
Intercontinentalcry.org reports: On January 11, 2017 Ecuador’s Esmeraldas Provincial Court handed down its decision on the world’s first constitutionally-based Rights of Nature lawsuit. Amazingly, this historic demand for justice—which simultaneously begs for a shift in merely human rights-based paradigms—was made by people who literally and figuratively live in Ecuador’s margins: The Canton of San Lorenzo.
Ritwick Dutta, noted environment lawyer and founder of the highly accomplished Legal Initiative for Forest and Environment (LIFE), received the Bhagirath Prayas Samman, an award that recognises efforts towards protection and conservation of rivers. Manu Moudgil caught up with him on his journey so far and how we can further expand the constituency of environment.
Daripalli Ramaiah, recently awarded the Padmashri, India’s third highest civilian honour, has dedicated his life to increasing the country’s green cover and in the process has been credited with planting one crore saplings. The fight of Ramaiah to plant trees was not alone, as his wife Janamma has also made significant contribution to tree planting.
G. Seetharaman reports: Activists say one of the biggest hurdles for FRA is that even states like Maharashtra, among the better performers, and Odisha are introducing policies which will help the forest department retain control of forest resources through joint forest management committees or similar bodies, which will dilute the powers of the gram sabha.
The Forest Rights Act of 2006 was widely hailed as a landmark legislation, one that sought to empower some of India’s most disenfranchised communities– the Adivasis. Ten years later, only 3 percent of forest dwellers have their rights recognised, and the Act itself is increasingly being undermined by the present government. Here’s a closer look.
Ritwick Dutta writes: The National Green Tribunal recently passed a landmark judgment ruling that only those persons who have ‘special knowledge’ and ‘practical experience’ in ‘matters relating to environmental protection’ are eligible for appointment to pollution control boards. Unfortunately, across various states, persons who do not fulfill the criterion have been appointed in these posts.
Nehmat Kaur writes: The National Green Tribunal covered new ground for the ‘polluter pays’ principle by invoking it in two landmark judgments recently. Activists are hopeful that this will help deter corporations from functioning with impunity, under the cover of governmental apathy. The judgments in both cases acknowledged governmental inaction in dealing with environmental damage.
Sukanta Chaudhari writes: Today, a great threat looms over wetlands. Under a new environmental regime, each state will be free to form its own guidelines. Bengal’s new environment minister, has declared his intention of ‘developing’ the wetlands and even having their Ramsar status annulled. The truth is that Kolkata’s wetlands are ‘real estate in waiting’.
Jay Mazoomdar reports: Three-quarters of the Environment Ministry’s Environment Supplement Plan — 2,900 words of the 3,850-word draft — is directly lifted from a similar US government document. The draft notification proposes to allow those who go ahead with project work without prior environmental clearance. Under existing laws, these are criminal offences punishable with imprisonment.
Kumar Sambhav Shrivastava reports: Massive plantation drives over the past decade have not translated into any significant increase in India’s green cover, an analysis of government data shows, putting a question mark over the money-guzzling schemes and the government’s recent move to distribute Rs 41,000 crore to the states for plantation and regeneration of forests.
Ritwick Dutta writes on the Environment Ministry’s new draft notification, which if finalised, will sound the death knell for the crucial process of Environment Impact Assessment of developmental and industrial projects in India, and thus legitimise all violations of environmental law. The notification holds serious consequences, for the environment, and for ‘Rule of Law’ itself.
Nitin Sethi reports: The government has made public its draft National Forest Policy, to replace the existing one crafted in 1988. Incorporating consequences of climate change but entirely ignoring one of the three forest related laws, the Forest Rights Act, the policy brings new focus to plantations, growing trees outside forest lands and wood industry.