At the Environment Support Group’s anniversary event, Justice Dutt encourages legal involvement in protecting the environment.
Justice Sunil Dutt Yadav acknowledged the importance of strategic legal interventions for protecting the environment. Addressing the issue of privatization of lakes at ESG’s discussion, he said that it is important that courts of law are available for environmental protection.
Justice Sunil Dutt Yadav said, “Courts of law need not be the first option available but when required in appropriate stages, they should be approached.” He added that litigation interventions form a part of environmental engagements which require to be strategized with strategic goals and aspirations. He encouraged active presence and participation of the [legal] system in movements, including environmental. “The history of successful struggles is moments based on long-term aspirations built on strong rationalist foundations that actively engage with the system.”
Justice Dutt’s argument for legal involvement was that “This is not justice for our organization or our region, it is justice for mother earth; an initiative to deliver a better environment for the upcoming generations.”
On the 25th anniversary of the Environmental Support Group (ESG) its trustees and team members discussed the legal battle against the privatisation of the lakes and other hurdles regarding the environment and judicial system.
Advocate Anand Yagnik, a member of ESG said, “From the last ten years every legislation has been diluted, be it Land Acquisition Act or Forest Right Act. We, as an organization, are working hard towards the delivery of justice regarding the environment but it is hard to make sure the system doesn’t dilute the legislation.”
Narsimha Reddy, an activist from Hyderabad said, “What we are seeing in the last 10 to 15 years is that bureaucrats who work in the judiciary system and Constitution are increasingly deviating the subject [environment conservation] from law and turning it to their benefit.”
The 25th anniversary of the Environmental Support Group (ESG)
A research by ESG states, “On April 11, 2012, the Karnataka High Court issued a final order in a Public Interest Litigation(PIL) filed by ESG seeking an end to the privatization of lakes and the protection and rehabilitation of lakes in Bangalore and across Karnataka. A direct result of this PIL is that the State Government enacted a special law to protect lakes and its canals (raja kaluves) across the state The Karnataka Tank Conservation and Development Authority and Certain Other Law (Amendment) Act, 2018.
In June 2019, Environment Support Group (ESG) and Leo F. Saldanha implemented a PIL relating to protecting stormwater drains/raja kaluves initiated by Bangalore-based Citizens Action Group (WP 38401/2014). The Impleading Applications were allowed by the Principal Bench of the Karnataka High Court headed by Chief Justice Mr. Abhay Oka. Subsequently, a range of issues and concerns relating to lake protection and management have been brought to the attention of the Court.
An article on the disappearance and privatization of lakes in Bangalore states, “Privatizing these common property resources leads to the displacement and growing marginalization of the traditional users of the lakes. This evolution goes together with the development policy of the city aiming at fulfilling the wishes of the new middle class in terms of comfort and modern infrastructures.”
Diya, a student at St.Joseph’s University said, “The judiciary system is working and even the departments are working towards the betterment of the environment. But, simultaneously they are ignoring the effect that urbanization is causing on the environment.”
