Updated Handbook on Legal and Administrative Remedies for Environment Justice Practitioners
October 18, 2017
BY CPR-NAMATI ENVIRONMENT JUSTICE PROGRAM
ENVIRONMENTAL JUSTICE
Issues related to environment can manifest in various forms. From rivers being polluted by industrial activities to beaches being used as dumping sites by the municipality, the effects of environmental degradation are far-reaching. Often these are a result of non-adherence to provisions of legal directions for environmental compliance by various actors.
Normatively, all industrial activities, under the ambit of law, have to comply with pre and post environmental clearances. Additionally, they may also have to comply with terms and conditions in existing lease documents, land transfer agreements, court judgments – all of which require a clear institutional framework, robust administrative agencies, and proper remedial actions in case of violations.
The second and updated version of the CPR-Namati ‘Handbook on Legal and Administrative Remedies for Environment Justice Practitioners’ presents a range of possible scenarios of non-compliances that are likely to occur across geographies and industrial sectors, and remedial actions that can be taken to address these.
The Handbook has been developed with the objective of providing those affected by environmental non-compliances with a ready guide to address such violations through appropriate legal means. For this purpose, it has been translated in four languages, including Hindi, Oriya, Gujarati and Kannada.
The Handbook draws on the action research carried out by the CPR-Namati Environment Justice Program in Gujarat (Kutch, Valsad, Gir Somnath, Jam-Kambhaliya, Dwarka districts), Karnataka (Uttara Kannada district), Chhattisgarh (Sarguja, Janjgir-Champa and Korba districts) and Odisha (Keonjhar district).
It provides the reader with a ready reference list of remedial laws in cases of different types of non-compliances. It also provides case studies of how the Program’s para legal practitioners on the ground assisted affected communities in preparing robust legal evidence to seek justice.
In addition to the laws, the Handbook provides an overview of institutions that can be approached for information and remedial measures. It details the processes required for obtaining permissions from these institutions and the monitoring and compliance systems in place for each institution.
The full handbook can be downloaded here. Translations in Oriya-English, Gujarati-English, Kannada-English, Romi-English and Devnagri-English can also be accessed.
On 10th January 2024, CPR received a notice from the Ministry of Home Affairs cancelling its FCRA status. The basis of this decision is incomprehensible and disproportionate, and some of the reasons given challenge the very basis of the functioning of a research institution. This includes the publication on our website of policy reports emanating from our research being equated with current affairs programming.
During the tenure of our suspension, we sought and obtained interim redress from the honourable Delhi High Court and will continue to seek recourse in all avenues possible.
This cancellation comes after a decision to suspend the FCRA status in February 2023. These actions followed an Income Tax “survey” that took place in September 2022. The actions have had a debilitating impact on the institution’s ability to function by choking all sources of funding. This has undermined the institution’s ability to pursue its well established objective of producing high quality, globally recognised research on policy matters, which it has been recognised for over its 50 years’ existence. During this time the institution has been home to some of the country’s most distinguished academics, diplomats and policymakers.
CPR firmly reiterates that it is in complete compliance with the law, and has been cooperating fully and exhaustively at every step of the process. We remain steadfast in our belief that this matter will be resolved in line with constitutional values and guarantees.