Tragedy In Wayanad Was Just Another Instance Of Nature Reacting To Our Apathy & Greed: Kerala High Court
The Kerala High Court has initiated a suo motu writ petition to embark upon an exercise of taking stock of the State’s existing policies in relation to the prevention, management, and mitigation of natural disasters.
The Court took note of the tragic incident in Wayanad when a massive landslide caused widespread destruction to the lives and properties of residents there. The Bench registered the suo motu writ petition to persuade the State Government to introspect on its currently held notions for sustainable development in the State of Kerala and revisit its policy regarding the same.
A Division Bench of Justice A.K. Jayasankaran Nambiar and Justice Syam Kumar V.M. observed, “This Court functions as the guardian of the fundamental rights of our citizens – the sentinel on the qui vive – and it registered this suo motu writ petition to embark upon an exercise of taking stock of the State’s existing policies in relation to (i) exploitation of natural resources, (ii) preservation of environment, forests and wildlife, (iii) prevention, management and mitigation of natural disasters and (iv) sustainable development goals.”
SC Prakash M.P. represented the Respondents
The Bench discussed the evolution of environmental law in India, tracing it from the precautionary principle to the enactment of the Biological Diversity Act, 2002—the country's first “truly eco-centric legislation.” The Court reiterated that the right to life under Article 21 of the Constitution encompasses the right to a healthy environment.
“For far too long have we, as a people, focused on our rights – fundamental and otherwise – that we seem to have forgotten the fundamental duties that we owe to fellow citizens, wild life, other living creatures and the ecosystem around us. The tragedy in Waynad was just another instance of nature reacting to our apathy and greed,” the Court remarked.
The Court outlined a structured approach for the review process, spread across three stages. In the first stage, the focus will be on identifying ecologically sensitive areas across Kerala and monitoring the ongoing rescue, rehabilitation, and reconstruction efforts in Wayanad on a weekly basis. This data-gathering phase will inform the subsequent review of existing regulatory frameworks and the composition of relevant advisory bodies.
In the second stage, the Court intends to assess the effectiveness of the current regulatory agencies and advisory boards, proposing reforms where necessary. Finally, the third stage will involve engaging with residents of ecologically sensitive areas through the State’s Local Self Government department to gather grassroots-level insights. This feedback will be crucial for the State in re-formulating policies on infrastructural development, tourism, and natural resource exploitation.
“The warning signs had appeared a long time ago but we chose to ignore them in pursuit of a development agenda that would supposedly put our State on the high road to economic prosperity…If we do not mend our ways and take affirmative remedial action now, perhaps it will be too late,” the Court cautioned.
Consequently, the Court directed the State and Central Government to file affidavits addressing specific concerns. These include whether the number of subject experts under the Disaster Management Act, 2005 (the Act), will be increased and whether Advisory Committees at the National, State, and District levels have been constituted in accordance with the Act.
Accordingly, the High Court granted three weeks time to the respondents to file their affidavits.
Cause Title: In Re: Prevention And Management Of Natural Disasters In Kerala
Appearance:
Respondents: SC Prakash M.P.; Advocates P.A. Mohammed Shah, Renoy Vincent, Shahir Showkath Ali, Chelson Chembarathy, Muhamed Junaid V., Adith Krishnan. U., Sherin Sheriyar, Nanda Surendran and Sahal Shajahan