Due to government interference, controlling pollution across India by Pollution Control Boards was considered problematic. Herald had addressed this issue a few days ago about problems facing Pollution Control Boards and the National Green Tribunal orders. In a landmark judgement delivered by a five-judge Bench of the National Green Tribunal on August 24, 2016, on the representation made by an environment activist Rajendra Singh Bhandari versus State of Uttarakhand and others including the Union of India and all State Governments across India, the bench ventured to empower as well as liberate Pollution Control Boards from the shackles and controls of the various State and Central Governments and ensure that they work in a fully autonomous and an environmental friendly and conscious manner. This judgement is significant because governments were considered as the major polluters that controlled the PCB activities.
In his petition, Bhandari had averred that his State Board at Uttarakhand had been reduced to a toothless tiger working primarily in the interest of vested interest groups consisting of rich industrialists and pharmaceutical giants, who reap huge profits at the cost of the common man and his environment which was compromised through government control and interferences.
The Bench, under Justice Swatanter Kumar, patiently heard and took into account the petitioner’s plea, that Chairmen and Member Secretaries of State as well as Central Boards across India, were grossly unqualified, politically appointed or were bureaucrats, being mainly civil servants working under the various governments, across the country.
Under Section 4 of the Water (Prevention and Control) Act, 1974 and Air (Prevention and Control) Act, 1981, those with special knowledge and experience in the field of environmental sciences, including pollution and ecosystem management, should be selected as chairman or member secretary. Unfortunately, State Boards across India grossly violated these rules, as persons serving in the government were often given additional charge to look after the Board, thus compromising the sacred duty of taking care of pollution and sustainable development. As all know, the prime accused and offender degrading environment, for which cases are filed by citizens, are State governments.
“How could a chairman or the member secretary, who is often a unqualified person or a government official, working under the control of political bosses, ever give a free and fair judgement ‘without fear and favour’ if he is wedded to the numerous government controls and dependent upon the politicians for his promotions and creamy transfers?” This was the fervent prayer of the petitioner.
No doubt there is rampant pollution, sewage discharge, conversion of agricultural fields into industrial complexes, mining loot, casino scams, pollution of rivers, lakes with pollution. The Pollution Control Boards offering letters of consent or issuing licenses have become the order of the day across the country was the people’s fear, felt the applicant.
The National Green Tribunal also noted that Pollution Control Boards do not have a proper laboratory for analysis of thousands of polluted water, air and soils samples, and often reports ‘submitted by industries’ of sample analysis done in unrecognized laboratories were used to grant licenses and consent orders. The tribunal understood that in spite of Pollution Control Boards asked to mandatorily meet around six times a year, they hardly met once a year, as the government officials on most boards were burdened with other charges, and looking after Pollution Control Board was often a secondary or ever a cursory activity, which gravely and adversely affected the environment, sustainable ecology and health of the community.
It was disgusting to note that State or Central Ministers, besides civil servants, self appoint themselves as chairman/secretary and hence the tribunal passed an order and directed that all State Boards should be re constituted within three months to ensure that ‘no government officials, political nominees, vested interest group’ find themselves as Chairman. The tribunal, in its guidelines, ordered that the post of chairman/member secretary need to be advertised and filled up by a duly constituted screening and selection process by which MTech (Environment) would be one of the qualification, which would render an aspirant eligible to apply. Besides doctorates, post graduates with science background and practical experience in pollution control and environment management would be essential for seeking post of Chairman or Member Secretary. Once appointed the post would be full time, without government control or interferences lasting the full term or tenure, paid by the funds collected by the Board through consent fees, licences and other inspection charges. Although this judgement has spelt a death warrant to arbitrariness of various State governments in appointment made by them in various eco sensitive Boards, like the Biodiversity Board, Wild Life Board, Coastal Zone Management Board, Forest Conservation Board, etc, since 1974 various committees like the Bhattacharya Committee, 1984; Belliappa Committee, 1990; the ASCI study, 1994, as well as the Supreme Court Monitoring Committee guidelines of August 16, 2005 have made it clear that Pollution Control Boards and other premier bodies concerned with environment protection and sustainable management of ecosystem and biodiversity must have qualified scientists and technically sound professionals who have worked extensively in the field of environment protection. They, in these Boards are also are mandated to even direct and punish the government for its wrong doings, besides controlling industrial or commercial wrong doings. The politicians and their obliging bureaucrats, so far have lent a deaf ear, to the past court directions and allowed degradation of our environment and amassed huge quantities of wealth whilst in power through self appointments, is the malaise which the petition brought forward.
Sadly there are only a few Environmental activists and the alert Courts that are working. The lethargic citizenry and the thousands of lawyers across India are treating environmental degradation with scant respect. Public interest litigations are far-fetched are miserably few.
In Goa, Goa Foundation is one such public spirited and an environmental sensitive NGO. We must salute Rajendra Singh Bhandari for his effort in this petition and I hope more lawyers and citizens follow suit to prevent the loot and plunder of our ecosystem by government officials and their nominated stooges, going great guns. Will things change now? Only time will tell. In Goa a few NGOs like Goa Foundation are doing excellent work to preserve our Environment in Goa.
(The writer is a retired professor of microbiology from Goa University)
