Rohit Shishodia

The National Human Rights Commission (NHRC) has issued an advisory to centre and  state governments and High Courts to prevent, minimise and mitigate impacts of environmental pollution and degradation on human rights.

The Commission, headed by Justice Arun Mishra, has finalized 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.

Issuing the advisory, the commission has observed that in spite of having one of the world’s best statutory and policy frameworks 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 advisory includes punishment of polluters and violators of environmental laws, prevention and minimization of vehicular pollution and processing of proposals seeking clearances/approvals mandated by various environmental laws in an informed, transparent and non-partisan manner.

It also includes measures required for development, promotion, propagation and replication of cost effective innovative measures to prevent, minimise and mitigate environmental pollution and degradation and strengthening and capacity building of local bodies.

The commission has asked center and state governments for the implementation of its recommendations in the advisory and sought action taken report within three months.

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

The NHRC has recommended for creation of separate Investigation and prosecution wings in Pollution Control Boards and regular training of the staff and making it mandatory for the Pollution Control Boards to include in their annual reports a chapter containing details of investigation of cases;

The human rights’ body said that state Governments should undertake annual performance audit of the State Pollution Control Boards by independent expert auditors;

As per the NHRC’s recommendations, the State Judicial Academies, State Legal services Authorities and District Legal Services Authorities in collaboration with the Pollution Control Boards should organize workshops, seminars and training programs on various provisions of environmental laws and harmful impacts of pollution and environmental degradation for all stakeholders;

“High Courts should establish Special Environmental Courts and ensure   speedy trial of the cases involving violation of environmental laws and  creation of separate Investigation and prosecution wings in Pollution Control Boards and regular training of the staff,” the NHRC said in the recommendations.