Environmental justice and participation for communities in southern India

Abstract

As a response to the rise in environmental conflicts in India, the central government established the National Green Tribunal (NGT) in 2010. Since then, sand mining conflicts have been a major issue addressed by the NGT. This chapter presents a case study of sand mining in the Swarna River in Udupi taluka (block), Karnataka, and closely examines the NGT judgement of Udaya Suvarna and Ors. v The Deputy Commissioner/Chairman District Sand Monitoring Committee and Ors. to understand the NGT's role in promoting environmental justice in India. In a 2016 petition to the NGT, residents of Baikady and Kukkude villages in coastal Karnataka sought an order cancelling permits issued by the district administration enabling extraction of sand from rivers in the Udupi taluka, and the Swarna River in particular. There were political factions for and against the extraction, public protests, police action against protestors and illegal activities by a “sand mafia.” The NGT ultimately ruled in favour of the villagers, holding that several provisions in key central government notifications had not been followed. The case study reveals that although the petitioners were successful, they faced several challenges in gaining justice, such as securing legal and technical support and accessing enforcement remedies and tools to effect the tribunal's decision.