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December 18, 2023 12:56 am | Updated 12:56 am IST – Madurai
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Justice G.R. Swaminathan of the Madras HC speaking at a seminar organised jointly by Madurai Bar Association and Wildlife Trust of India in Madurai on Sunday. | Photo Credit: G. MOORTHY
The Supreme Court “closes its eyes” when it comes to big ticket projects involving environment, Justice G.R. Swaminathan of the Madras High Court said here on Sunday.
At a seminar on ‘Elephant and the Law,’ organised jointly by the Madurai Bar Association of Madurai Bench of Madras High Court and the Wildlife Trust of India, he said: “Though the Supreme Court has passed various judgments related to environment citing Article 21, it closes its eyes when it is about big issues.”
Citing the Koodankulam Nuclear Power Plant case, he said the Supreme Court had shied away from going beyond a limit to ask questions after the government replied that all safety standards had been adhered to. “They behave in a similar manner in all big-ticket projects such as Tehri dam and Narmada dam, and accept whatever the executive claims as right,” he added.
He further said that the Supreme Court neglected the case of environmental scientist N.D. Jayal, who argued that big dam projects at Tehri in Uttarakhand would cause natural disasters and asked them to stop the projects. But, 20 years after the judgment, what Jayal feared was happening, he added.
Similarly, he said that in the Goa second airport case, Chief Justice of India D.Y. Chandrachaud suspended the project as the project proponent falsely presented facts to obtain permission. The judgment for suspension of the project was widely appreciated, but within a year, it was lifted and nod was given for the project, he pointed out.
He further said: “Chennai floods have taught us on which side we should stand – environment or development.”
N. Kalaivannan, Forest Veterinary Assistant Surgeon, Srivilliputhur Megamalai Tiger Reserve, said instances of animals, particularly elephants, contracting infections such as tuberculosis have been increasing in the State.
Pointing out the reasons for the infections, he said that due to the destruction of wildlife, many animals from the forest venture out in search of food and water. “This places in them in proximity with cattle and other domestic animals that have these infections,” he added.
In the recent days, elephants are mostly born as makhnas as the gene for tusks slowly depletes due to poaching of tuskers, he said, adding: “When tuskers are poached for their tusks during the musth stage, genes from them are not carried to the next generation. If this continues, tuskers cannot be seen anywhere.”
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