Excelsior Correspondent
SRINAGAR, Mar 4: Stating that Jammu and Kashmir is paradise on earth and nobody should try to make it hell, Chief Justice of J&K High Court Justice Badar Durrez Ahmed today called upon Judges to pass prompt orders in accordance with law whenever cases of encroachment of wetlands, river systems and plunder of environment come before them.
“We are living in paradise and it is our duty to preserve this diversity not only in Kashmir but in Jammu and Ladakh as well”, Chief Justice said, adding “Judges must be sensitized that cases relating to wildlife, wetlands, animals and birds are equally important and whenever cases of encroachment of wetlands and river systems come before the courts Judges should be vigilant and pass prompt orders in accordance with law”.
Chief Justice was addressing one-day sensitization programme on “forest and wildlife conservation including laws dealing with birds and wetland conservation” organized by J&K State Judicial Acad-emy at Momi-nabad here.
“Forests and wetlands are very essential and the floods of 2014 are inter-connected to what is happening around us”, Chief Justice said, adding “Dal Lake is not shrinking but the volume of its water has definitely reduced because of sewage and silt and this has resulted in complete change in biodiversity”.
“Whatever has been done has been done and whatever is left has to be preserved. In so far wetlands are concerned I find that J&K is blessed with great diversity. Wullar Lake has its own importance. It is like International Airport of migratory birds. If the lakes disappear birds will not come and we cannot live on this planet”, Justice Ahmed said.
Justice Mohammad Yaqoob Mir, in his special address, said, “in developing countries like India there has been environmental degradation due to over exploitation of resources, depletion of traditional resources, industrialization, urbanization and population explosion”, adding “since man is the creator and moulder of environment his conduct can be regulated through the instrument of law”.
He further said, “judiciary has always been in the fore-front of taking all possible steps for the protection and improvement of the environment and aiming at sustainable development. However, neither the law nor the environment remains static”.
“The changing pace of the environment is so fast that in order to keep the law on the same wave-length either laws have to be amended quite frequently to meet the new challenges or they have to be given new direction by the judicial interpretation”, he stressed.
Speaking on the occasion, Justice Ali Mohammad Magrey said, “in recent years there has been a sustained focus on the role played by the judiciary in devising and monitoring the implementation of measures for pollution control, conservation of forests and wildlife protection”.
“Many of these judicial interventions have been triggered by the persistent incoherence in policy-making as well as the lack of capacity-building amongst the executive agencies”, he further said, adding “devices such as Public Interest Litigation (PIL) have been prominently relied upon to tackle environmental problems and this approach has its supporters as well as critics”.
Justice M K Hanjura, Member State Judicial Academy, in his special address, said, “wildlife plays an important role in balancing the environment and provides stability to different natural processes. The goal of wildlife conservation is to ensure that nature will be around for future generations to enjoy and also to recognize the importance of wildlife and wilderness for humans and other species alike”.
“Many nations have Government agencies and NGOs dedicated to wildlife conservation, which help to implement policies designed to protect wildlife. Numerous independent non-profit organizations also promote various wildlife conservation causes”, he said, adding “wildlife conservation has become an increasingly important practice due to the negative effects of human activity on wildlife”.
All the Chief Judicial Magistrates and Munsiffs of Kashmir Province participated in the programme. Abdul Rashid Malik, Director State Judicial Academy in his introductory remarks emphasised that floods of 2014 have taught many lessons and we have no option but to preserve forests, wildlife, birds and wetlands.
The proceedings were conducted by Dr Pankaj Chandan, Team Leader, Western Himalayas, WWF while as Moulika Arabhi, Advisor, Centre for Environmental Law, gave an overview of the programme.
The inaugural function was followed by technical sessions in which the Resource Persons deliberated upon review of laws and policies applicable to birds and wetlands in the first technical session which was conducted by Ritwick Dutta, Environmental Lawyer & Founding Director, LIFE.
The second technical session was moderated by Dr Pankaj Chandan, Team Leader, Western Himalayas, WWF – India. He elaborately discussed WWF India’s work on conservation of Birds and Wetlands.
In the third and final session Merwyn Fernandes, Coordinator, Traffic India gave an overview on illegal bird trade scenarios in India: Concerns and solutions.
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