The Karnataka High Court has set up a green bench under the aegis of Chief Justice PD Dinakaran to hear cases relating to environment and forests including mining. The bench that sits every Friday for the hearings has a state-wide jurisdiction. Vaishalli Chandra spoke to the co-ordinator of the Environment Support Group, India, Leo Saldanha, on how effectively could the green bench help create environmental awareness.

Do you welcome the green bench?

This initiative by the Chief Justice of the Karnataka High Court is clearly demonstrative of the seriousness he attaches to environmental litigation. In the current context, when the fallout of climate change has already kicked in and the government and industry continue to work against nature blind-folded, a green bench will clearly secure the much needed urgency to address environmental conflicts. However, it is my hope that environmental jurisprudence does not become a specialisation of a few judges who will preside over the bench, as this would deter influencing all judges in responding proactively to environmental matters.

Will it help expedite settlement of cases?

It certainly may help in expediting cases. More importantly, it will ensure that all parties will take up environmental matters seriously. This would also mean that unnecessary adjournments could be limited as the matter would be so much in the limelight now.

What are your expectations from the bench?

Ensuring environmental and social justice is perceived to be as important as economic and property matters. Special attention from the green bench may help in advancing scientific arguments to substantiate legal ones, as environmental matters are so much about accurately interpreting the issue at hand through the lens of ecological and social sciences.

What are potential problems you foresee?

Reactionary environmental litigation could certainly be a serious problem. By this I mean such matters where petitioners rush to the court without exploring administrative avenues or mobilising people to pressurise the government into taking corrective action. I have always held that PILs should be a careful step taken in advancing environmental justice, and hopefully one of the last. This is simply to ensure that we do not overburden courts with such complex matters, particularly if the media, public pressure, administrative competence and legislature could attend to issues responsibly.

Do you think it will help raise awareness?

A green bench is certain to help raise awareness on environmental issues. The most critical indicator of its success would be the ability of the bench to quickly and accurately shape relief while advancing environmental and social justice.

Vaishalli Chandra/ DNA-Daily News & Analysis Source: 3D Syndication