A state level conference on “Environment, Mines and Mineral Laws” was organised in the Judicial Academy of Jharkhand at Ranchi. The conference was inaugurated by Hon’ble Mr. Justice Adarsh Kumar Goel, Former Judge Supreme Court of India and former chairperson of National Green Tribunal, Hon’ble Mr. Justice Sujit Narayan Prasad, Hon’ble Mr. Justice Rongon Mukhopadhyay, Judge High Court of Jharkhand, Environmentalist Sunita Narayan. Speaking to the occasion, Justice Adarsh Kumar Goel emphasised that from time immemorial environment has been worshipped in India and India’s contribution to environment has been one of the best in world but sadly India has been a victim of environmental degradation.

Justice Goel also lauded the role of state of Jharkhand and congratulated the Judicial Academy for organising the conference as well as coming out with an important research material on the issues of environment. Justice Goel also mentioned that it is axiomatic that we are polluting everything and then suggesting not to consume polluted articles. Highlighting the challenges in environment protection, Justice Goel stated that we are extracting minerals recklessly and the business of illegal mineral extraction has reached around 126 billion dollars; that there are almost 351 polluted rivers in India; there is no culture of initiating Environment Impact Assessment prior to commissioning developmental projects, city like Bangalore is no more a city of lakes and there a poor maintenance of Biodiversity Management Committee.

Concluding the address, Justice Goel stated that right to clean environment is a part of right to life under Article 21 and at the same time Article 48 A and 51 A casts a duty on the state and the citizens to maintain a clean and sustainable environment. Whereas Ms. Sunita Narain stated that bottom line of everything in this world is balance but sadly this balance is badly hit due to our poor treatment of environment and the consequence is visible in long stretch of 40 degree plus temperature in India, long droughts and shortage of quality rain water.

Ms. Narain stated that life in Jharkhand is intricately linked with forest and people are dependent upon forest for their survival. Ms Narain also highlighted that there is direct relation between clean drinking water and climate change and in order to address the challenges we need to cultivate the habit of storing rain water, establishment of new environmental institution, adopting stricter norms for forest clearances, fixing the accountability of institutions who have duty to maintain environment sustainability and in all these the role of judiciary become pivotal. Ms. Narain highlighted some good practices such as practice of waste management; adoption of renewable energy. Concluding her remarks, Ms. Narain stated that we should not forget that there is a deep connect between cultural diversity and biodiversity.

Whereas Senior Advocate Sh. Sanjay Upadhyay highlighted that that the executive implementation is different from that of legislature intent and similarly sometimes the interpretation of laws is different from what is intended by the legislature. Mr. Upadhayay also highlighted that the importance of traditional understanding of environment and underlined the judgements of High Courts wherein rivers have been designated as living entities but the question is how to operationalise it? Mr. Upadhayay also highlighted that today if national highway is less than 100 km we do not need Environment Impact Assessment and this is noting but tweaking the law and all such things are creating a mess.

Mr. Upadhayay concluded the session with a question that why we should not have a separate law for a separate eco system. Sri Indrajit Sinha, Advocate, High Court of Jharkhand deliberated upon various provisions of Mines and Minerals Development Regulation Act as well as the rules drafted thereunder. Sri Sinha also addressed the queries of participants with regard to implementation of various Environmental Laws and the execution thereof in the trial courts as well as by the government bodies such as Mines and Forest Departments. The session was greatly was appreciated by all the participants.

The conference was attended by the senior Judges of High Court, Judicial Officers from Districts, Officers from police department, forest department, mines and geology department public prosecutors Sh. S. Upadhyay, Senior Advocate of Supreme Court and Sh. Indrajit Sinha, Advocate, Jharkhand High Court. Hon’ble Mrs. Justice Anubha Rawat Chowdhary expressed vote of thanks