NGT Notice: Tamirabharani Fish Species Under Threat

07 Nov NGT Notice: Tamirabharani Fish Species Under Threat

✎ The National Green Tribunal (NGT) is a statutory body established for the expeditious disposal of environmental cases, applying principles like sustainable development and the polluter pays principle.

Subject Relevance — Where This Topic Fits

• GS Paper III — Environment and Ecology; Conservation, Environmental Pollution and Degradation, Environmental Impact Assessment  |  GS Paper II — Statutory, Regulatory and various Quasi-Judicial Bodies
• Prelims: National Green Tribunal (NGT), Tamirabharani River, Endemic fish species, Environment (Protection) Act, 1986, Water (Prevention and Control of Pollution) Act, 1974, Biological Diversity Act, 2002, Suo motu cognisance, Pollution Control Boards
• Essay: Environmental Governance and Sustainable Development in India, The Role of Judicial Activism in Environmental Protection

Quick Revision: The National Green Tribunal (NGT) is a statutory body established for the expeditious disposal of environmental cases, applying principles like sustainable development and the polluter pays principle.

Why is this in the news?

The Principal Bench of the National Green Tribunal (NGT), New Delhi, has initiated suo motu cognisance of a report detailing threats to fish species in the Tamirabharani River. The NGT has issued notices to the Tirunelveli Collector and several other entities, including the Tamil Nadu Pollution Control Board, the Central Pollution Control Board’s Regional Office, Ashoka Trust for Research in Ecology and the Environment (ATREE), and Agasthyamalai Community Conservation Centre (ACCC), directing them to respond to concerns regarding pollution and habitat loss impacting the river’s aquatic biodiversity, particularly its endemic fish species.

Background

• The Tamirabharani River, originating in the Western Ghats of Tamil Nadu, is a significant perennial river system supporting diverse aquatic ecosystems.
• Reports have highlighted the presence of 125 fish species in the river, with seven identified as endemic to the Tamirabharani.
• Threats to these fish populations include pollution from domestic sewage, agricultural runoff, and ritualistic practices, alongside habitat destruction, loss of riparian vegetation, and the proliferation of invasive species.
• The Environment (Protection) Act, 1986, provides for the protection and improvement of the environment and the prevention of hazards to human beings, other living creatures, plants, and property.
• The Water (Prevention and Control of Pollution) Act, 1974, aims to prevent and control water pollution and maintain or restore the wholesomeness of water.
• The Biological Diversity Act, 2002, was enacted to provide for the conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of the benefits arising out of the use of biological resources.

What is the National Green Tribunal (NGT)?

• The National Green Tribunal (NGT) was established in 2010 under the National Green Tribunal Act, 2010, for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources.
• It is a specialized body equipped with the necessary expertise to handle environmental disputes, providing a dedicated forum for such matters.
• The NGT has jurisdiction over all civil cases where a substantial question relating to the environment (including enforcement of any legal right relating to the environment) arises and is covered by the enactments specified in Schedule I of the NGT Act.
• These scheduled enactments include the Water (Prevention and Control of Pollution) Act, 1974; the Water (Prevention and Control of Pollution) Cess Act, 1977; the Forest (Conservation) Act, 1980; the Air (Prevention and Control of Pollution) Act, 1981; the Environment (Protection) Act, 1986; the Public Liability Insurance Act, 1991; and the Biological Diversity Act, 2002.
• The Tribunal is mandated to apply the principles of sustainable development, the precautionary principle, and the polluter pays principle while passing any order, decision, or award.
• NGT Benches are located in various cities across India, including the Principal Bench in New Delhi and regional benches in Bhopal, Pune, Kolkata, and Chennai, to address environmental issues arising within their respective territorial jurisdictions.

Key Features

Why it Matters

Environmental Significance

• The NGT’s intervention underscores the critical importance of preserving riverine ecosystems and their unique biodiversity, particularly endemic species, which are irreplaceable components of natural heritage.
• Protection of the Tamirabharani River directly contributes to maintaining ecological balance, supporting aquatic food webs, and ensuring the health of associated terrestrial ecosystems.
• Addressing river pollution mitigates risks to human health, as contaminated water sources can lead to various water-borne diseases and impact agricultural productivity.

Governance and Legal Significance

• The NGT’s exercise of suo motu powers reinforces its role as a vigilant environmental watchdog, ensuring accountability of administrative authorities in upholding environmental laws.
• The case highlights the enforceability of key environmental legislations, including the Environment (Protection) Act, 1986, the Water (Prevention and Control of Pollution) Act, 1974, and the Biological Diversity Act, 2002, in safeguarding natural resources.
• It sets a precedent for prompt action against environmental degradation, encouraging local administrations to proactively address issues of pollution and habitat destruction.

Socio-Cultural Significance

• The Tamirabharani River holds deep cultural and spiritual significance for local communities, and its degradation impacts traditional practices and the well-being of riparian populations.
• Conservation efforts around such rivers contribute to preserving traditional ecological knowledge and fostering community participation in environmental stewardship.
• Maintaining the ecological integrity of the river ensures the availability of clean water for various human uses, including drinking, agriculture, and livelihood activities.

Challenges

1. Anthropogenic Pollution

• Discharge of untreated sewage, industrial effluents, and agricultural runoff introduces harmful chemicals and organic matter into river systems.
• Practices such as bathing with soaps and shampoos, dumping of puja materials, and clothes contribute to chemical and solid waste pollution, altering water quality and aquatic habitats.

UPSC Link: Environmental Pollution and Degradation

2. Habitat Degradation and Loss

• Physical alterations to river morphology, including sand mining, encroachment, and construction, destroy natural breeding grounds and shelter for fish species.
• Loss of riparian vegetation reduces bank stability, increases erosion, and diminishes the availability of essential organic matter and shade for aquatic life.

UPSC Link: Conservation, Environmental Impact Assessment

3. Invasive Species

• Introduction of non-native fish and aquatic plant species outcompetes indigenous species for resources, disrupts food webs, and can introduce diseases, leading to population declines of native and endemic species.
• Invasive species can alter ecosystem functions, making it challenging for native flora and fauna to thrive.

UPSC Link: Biodiversity and Conservation

4. Enforcement and Compliance Gaps

• Despite existing environmental laws, inadequate monitoring, insufficient enforcement mechanisms, and lack of stringent penalties often lead to continued non-compliance by polluters and individuals.
• Coordination challenges among various governmental agencies and local bodies can impede integrated river management and pollution control efforts.

UPSC Link: Environmental Governance

Challenges — UPSC Perspective

Way Forward

• Implement comprehensive wastewater treatment infrastructure to ensure that no untreated sewage or industrial effluent is discharged into the Tamirabharani River.
• Promote community-based river management initiatives, fostering local participation in conservation efforts and raising awareness about sustainable practices.
• Strengthen regulatory enforcement mechanisms and conduct regular monitoring of water quality parameters to ensure compliance with environmental standards.
• Undertake extensive afforestation and restoration of riparian vegetation along the river banks to enhance ecological integrity and prevent soil erosion.
• Develop and implement a robust action plan for the control and eradication of invasive aquatic species, prioritizing the protection of endemic fish populations.
• Integrate traditional ecological knowledge with modern scientific approaches for holistic river basin management and biodiversity conservation.
• Impose stringent penalties for environmental violations and ensure timely prosecution to deter illegal activities contributing to river pollution and habitat destruction.

UPSC Value Addition

Prelims Practice Questions

Q1. Consider the following statements regarding the National Green Tribunal (NGT):
1. The NGT was established under Article 21 of the Constitution of India.
2. It has jurisdiction over all civil cases involving substantial questions relating to the environment.
3. The NGT is mandated to dispose of applications and appeals within six months.
How many of the above statements are correct?

1. Only one
2. Only two
3. Only three
4. None

Answer: Only two — Statement 1 is incorrect: The NGT was established under the National Green Tribunal Act, 2010, not Article 21. Statement 2 is incorrect: The NGT’s jurisdiction is limited to civil cases involving substantial questions relating to the environment arising out of the implementation of the enactments specified in Schedule I to the NGT Act, 2010. It does not cover all civil cases. Statement 3 is correct: The NGT Act, 2010, mandates the Tribunal to dispose of applications and appeals finally within six months of their filing.

Q2. Which of the following Acts are explicitly mentioned as being attracted by the NGT’s suo motu cognisance in the context of threats to the Tamirabharani River’s fish species?
1. Environment (Protection) Act, 1986
2. Wildlife (Protection) Act, 1972
3. Water (Prevention and Control of Pollution) Act, 1974
4. Biological Diversity Act, 2002
Select the correct answer using the code given below:

1. 1 and 3 only
2. 1, 3 and 4 only
3. 2, 3 and 4 only
4. 1, 2, 3 and 4

Answer: 1, 3 and 4 only — The news report explicitly states that the NGT order mentioned the Environment (Protection) Act, 1986, the Water (Prevention and Control of Pollution) Act, 1974, and the Biological Diversity Act, 2002. The Wildlife (Protection) Act, 1972, while relevant to environmental conservation, was not explicitly mentioned in the NGT’s order as reported.

Mains Practice Question

✍ Examine the role and significance of the National Green Tribunal (NGT) in upholding environmental jurisprudence in India. Discuss the challenges it faces in ensuring effective implementation of environmental laws. (15 Marks)

Approach: INTRODUCTION: Briefly introduce the NGT, its establishment under the NGT Act, 2010, and its mandate.
ROLE AND SIGNIFICANCE:
1. Specialised Environmental Justice: Discuss its role as a specialised body for expeditious disposal of environmental cases.
2. Enforcement of Environmental Laws: Highlight its jurisdiction over key environmental statutes (e.g., EPA 1986, Water Act 1974, Air Act 1981, BD Act 2002).
3. Suo Motu Powers: Explain the importance of its suo motu cognisance in addressing environmental degradation, citing examples like the present case.
4. Polluter Pays Principle and Sustainable Development: Mention its application of environmental principles like ‘Polluter Pays,’ ‘Precautionary Principle,’ and ‘Sustainable Development.’
5. Accessibility and Expediency: Note its role in providing accessible and time-bound justice.
CHALLENGES:
1. Jurisdictional Limitations: Discuss limitations regarding specific environmental laws not covered under Schedule I of the NGT Act.
2. Enforcement Mechanisms: Address challenges in ensuring compliance with its orders by various authorities and polluters.
3. Manpower and Infrastructure: Highlight issues related to the availability of expert members and adequate infrastructure.
4. Overlapping Jurisdictions: Discuss potential overlaps or conflicts with High Courts and the Supreme Court.
5. Financial Constraints: Mention limitations in funding and resources.
6. Public Awareness and Participation: Address the need for greater public awareness and participation in environmental protection.
CONCLUSION: Summarise the NGT’s critical role while suggesting measures for strengthening its effectiveness and addressing the identified challenges for robust environmental governance.

Source: The Hindu

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