The National Green Tribunal of India, Environmental Justice and Human Rights in the Context of Environmental Degradation & Climate Change

Sammanfattning

This thesis examines the effectiveness of India's National Green Tribunal (NGT) in safeguarding the environment, mitigating climate change, impacting environmental justice, and protecting human rights. Using a qualitative case study approach, the research focuses on the Indian dedicated environmental court, the NGT as the primary case together with two nested case studies of an Indigenous tribe, the Idu Mishmi people of Arunachal Pradesh in addition to the Ranthambore Tiger Reserve in Rajasthan and the forest dwellers who have lived with-in the reserve's territory for generations. By analyzing the NGT's functioning, its impact on specific cases, and the experiences of affected communities, this research contributes to a deeper understanding of the challenges and opportunities associated with achieving environmental justice in India. The study also explores the interplay between environmental legislation, the role of the NGT, and NGT's contribution to India's sustainability commitments. Key findings reveal that while the NGT has played a vital role in addressing environmental issues, its effectiveness is constrained by factors such as limited resources, non-compliance with judgments, and an uneven power balance. The study highlights NGT's role in balancing development with ecological sustainability. There are also several barriers to climate justice in India, both practical and ideological challenges. Starting with the practical barriers, according to the findings of this study, the biggest obstacle to climate justice in India is not a lack of laws or court rulings, but a failure to implement them. Despite NGT’s fines and guidelines, there is often a lack of resources and incentives for companies and government agencies to comply. The study further emphasizes that regulatory agencies like state pollution control boards often lack the staff and capacity to monitor and enforce environmental laws. This undermines the possibility of achieving climate justice, as violations go undetected or unaddressed. Corporations, particularly in the energy and mining sectors, also actively oppose stricter environmental laws through lobbying, often portraying environmental protection as an obstacle to economic development and arguing that it hinders job creation and economic growth. Continuing further to the ideological barriers, there is a widespread belief, among both politicians and the public, that environmental protection conflicts with economic development. This perspective hinders progress in climate justice, as it creates a false dichotomy between economic and environmental goals. Recommendations include increasing the NGT's capacity, strengthening enforcement mechanisms, and fostering greater collaboration between the NGT, government agencies, and civil society organizations. These measures are essential for ensuring the NGT's continued effectiveness in safeguarding the environment, mitigating climate change simultaneously, and promoting environmental justice and sustainable development in India.