Lawyers join hands to save environment
-
02/05/2008
-
Tribune (New Delhi)
Climate change will be a direct threat to the rule of law. It is this and the fact that "current legal systems do not take into account complexities of consequences of global warming' that leading lawyers in India are now coming together for a "legal response to challenges of climate change' in the world. Environment is a strange thing for lawyers to be talking about, considering that some from the profession would be defending major environment violators in courts. But this group hopes to make a difference by ensuring that members of legal profession also pay attention to the need of taking care of environment quality. And this can be done by suggesting changes to make green laws in the country so stringent that no one can either hope to violate or find loopholes in them. In fact, the endeavour is the first effort of its kind in the world and lawyers also hope to take up the issue with international Bar councils to work out a global legal framework. During the coming two days, some of top legal brains of the country will dwell on challenges of global climate change and study existing environment rules in the country. To be organised by the Bar Association of India, the national-level conference - "Climate change and the role of law' - will bring together members of different Bar councils from across the country. "This will be the first modest attempt by lawyers to protect environment. Existing legal institutions governing environment management and legal regimes governing the management of water need to be upgraded and strengthened so that effective legal mechanism can be put in place,' Bar Association of India honorary general secretary Lalit Bhasin says. Considering that consequences of climate change directly affect peace and security, having stringent and effective environment laws make sense. "Issues that need to be discussed are impacts of this phenomenon, extending beyond human health, agriculture, changes in ecosystems and impacts on economic interest. All these factors are important. However, since climate change will displace a large number of people, it also poses a significant threat to world peace and security,' says Bhasin. Current legislations do not properly take into account complexities of the consequences of global warming, says Bhasin, adding that country's 200-odd environment legislations need to be reviewed and revitalised. At the end of the two-day programme, lawyers will sign a Delhi declaration on climate change and the role of law. The document will be circulated in the government, judiciary and at international level. At the national level, lawyers will be asking the Centre, state governments and municipal regulators to make stringent laws and regulations and enforce them with a firm hand to reduce carbon emissions, increase energy efficiency of motor vehicles and set up carbon markets. Considering that some of big companies are worst polluters, on how they would ensure that ethics are maintained while defending environment-violating clients, Bhasin says: "The only way is to make environment laws so stringent that we can tell our clients that you cannot break them'.