NHRC calls for expeditious punishment of polluters and violators of environmental laws

India is experiencing a serious problem of air and water pollution and ecological degradation causing impediments in the enjoyment of basic human rights: NHRC

New Delhi: The National Human Rights Commission (NHRC) has issued an advisory to the Centre, State government UTs and High Courts to mitigate the impacts of environmental pollution and degradation on human rights.

The Commission also asked them to ensure effective and expeditious punishment of polluters and violators of environmental laws.

The Commission has observed that in spite of having one of the world’s best statutory and policy framework for environment protection, India is experiencing a serious problem of air and water pollution and ecological degradation causing impediments in the enjoyment of basic human rights.

The Rights body in a letter through its Secretary General Devendra Kumar Singh to the Secretaries of concerned Union Ministries/Departments, Chief Secretaries of States and Administrators of Union Territories and the Registrar of all High Courts, asked for the implementation of its recommendations in the advisory and sought action taken report within three months, a statement said.

The NHRC finalised the advisory in consultation with the domain experts by examining the effects of air and water pollution and ecological degradation on enjoyment of basic human rights, it said.

The NHRC in its advisory said, the Centre and State Governments should make efforts to ensure effective and expeditious punishment of polluters and violators of environmental laws. These efforts should including strengthening of Pollution Control Boards (PCBs) and other regulatory authorities.

Creation of separate investigation and prosecution wings in PCBs and regular training of the staff besides each Local body should establish an environmental cell to plan, supervise and monitor various activities to prevent, minimize and mitigate environmental pollution/degradation and for waste management, the statement said.

Among others, High Courts should establish special environmental courts and ensure speedy trial of the cases involving violation of environmental laws.

The NHRC also said the State Judicial Academies, State Legal Services Authorities and District Legal Services Authorities in collaboration with the Pollution Control Boards should organise workshops, seminars and training programs on various provisions of environmental laws and harmful impacts of pollution and environmental degradation for all stakeholders.

“Creation of separate Investigation and prosecution wings in Pollution Control Boards and regular training of the staff and the State Governments should undertake annual performance audit of the State Pollution Control Boards by independent expert auditors” said the advisory.

Earlier, chairing the Commission’s first Core Advisory Group meeting on Environment, Climate Change and Human Rights on 23rd March, 2022, the NHRC Chairperson, Justice Arun Mishra, had expressed serious concerns over the degrading environment and said that despite rules and laws, the ground situation was not improving.