Rural Outreach :: Enviro Paralegal

Enviro Paralegal course was commenced in this year in collaboration with Indian Institute of Paralegal Studies (IIPLS) at Rajula and Zagadiya taluka of Amreli and Bharuch districts respectively from November 2005 to January 2006. The details of course are described below.

INTRODUCTION

Human rights movement is faster now in development process. Human rights are a big challenge in social justice sector. Paralegal has played an important role for results of human rights movement. Paralegal is a link between judiciary, society and advocates. Legal procedure is hard to understand for common man. Paralegal can connect the social view in legal process to solve any problem.

WHO IS PARALEGAL?

Paralegal is a person who has knowledge of legal procedure and can become link between judiciary, society and advocates. He helps common man in solving legal complications. Due to lack of legal procedure and fear of courts common man can not fight for their rights. Paralegal make the legal procedure easy for them. Paralegal knows limitations of judiciary and strategies for using judiciary. He also uses the law in many ways in several cases.

ENVIRO PARALEGAL

India is the first country in enacting environmental laws after Stockholm summit in 1972. But implementation of environmental law is very poor through out the country. Many reason behind this like lack of knowledge of law, fear of judiciary, lack of awareness about rights, lack of technical knowledge etc. So it is necessary to educate persons who can overcome these limitations. These persons can be known as enviro paralegal. Enviro paralegal is person who knows environmental laws in depth apart from other laws. He can become link between judiciary and pollution affected people in the process of justice. He is having knowledge of existing environmental laws in India, technical aspects of environmental pollution, its social impacts etc. So it is proposed to run a programme of action research in Enviro paralegal.

OBJECTIVE OF THE PROGRAMME

To provide the knowledge of environmental issues
To develop network between various stakeholder and create dialog between them.
To create legal awareness of various environmental laws and new policy reform
To give mitigative measures of various pollution problems to concern person
To create awareness about industrial obligation
To develop the concept of Gramsabha and its powers.
To educate the Panchayat (local village body) about their role and power.

NO. OF PARTICIPANTS

Total no. of participants: 15 participants in each Rajula and Zagadiya: Total 30

DURATION OF THE COURSE

Three month From November 2005 to January 2006 with total five sessions in each Rajula and Zagadiya

REGIONAL & NATIONAL CONVENTION

Regional meeting and Convocation was held on 11 March 2005 at Ahmedabad of all paralegal. Justice D. H. Vaghela – Hon’ble Justice of Gujarat High Court, Mr. Nambothree, reporter of National Human Right Commission at Gujarat and Mr. Gagan Sethi were present to motivate the paralegal and their work.
National Convention of paralegal from diff. states was held at New Delhi on 7 & 8 April 2006.

ELIGIBILITY OF THE COURSE

No specific criteria but the person must be sensitive for environmental degradation, should willing to work for environment conservation, having large contacts at grassroot level etc.

METHODOLOGY

As per IIPLS criteria Paryavaran Mitra is become FC for Enviro Paralegal Course in Rajula & Zagadiya. Paryavaran Mitra has handled the course with financial support from IIPLS. IIPLS has monitored the course of three months.
One common session for basic understanding of environment and pollution was held at Ahmedabad on 19 and 20 November 2005. Prof. J. N. Joshi, Mahesh Pandya, Vipin Makwana, Hiral Mehta, Kinnari Shah and Falguni Joshi were present as a resource person in this session.
Second sessions were held separately at Rajula and Zagadiya. It was held at Zagadiya on 10 & 11 December 2005 and at Rajula on 17 & 18 December 2005. During this session Vipin Makwana and Mahesh Pandya remained present to discuss regional environmental problems of Rajula & Zagadiya. Regional officer V. R. Ghadge of Gujarat Pollution Control Board, Bharuch were present to educate paralegal at Zagadiya. Mr. Bhatt from Gujarat
Pollution Control Board Bhavnagar was present at Rajula in second session. Based on discussion each paralegal has allotted field work for research on most of the issues. For example, At Zagadiya problems of mines, quarries and GIDC pollution problems were given while in Rajula salinity ingress, industrial problems from Gujarat Pipavav Port Ltd., Gujarat Heavy Chemicals Ltd. etc. were given.
Third sessions were held on 21 January 2006 at Zagadiya and on 28 January 2006 at Rajula. Exams were held at both places on basis of training and field work on that day.
All 30 paralegal were successful in passing the examination. Certificates have been issued to them by IIPLS. Regional meeting and Convocation was held on 11 March 2005 at Ahmedabad of all paralegal. Justice D. H. Vaghela – Hon’ble Justice of Gujarat High Court, Mr. Nambothree, reporter of National Human Right Commission at Gujarat and Mr. Gagan Sethi were present to motivate the paralegal and their work.
National Convention of paralegal from diff. states was held at New Delhi on 7 & 8 April 2006.

APPLICATION OF ENVIRO PARALEGAL

Environ paralegal is helpful to societies in its various sector. Like for government organization he can help the law department in solving legal cases of pollution. In NGOs and voluntary organization he can directly deal with pollution victims and advise them in their case. In academic institution he can teach the students about environment laws and its implementation. In corporate organization he can help them in understanding environmental laws and legal process. So in this way enviro paralegal can become helpful to society in many ways. Due to its multi sector applicability, the burden on different courts will be reduced.

ACHIVEMENT OF PARALEGAL SO FAR

Zagadiya:
GIDC has many industries which has adverse impact in Zagadiya Taluka. Industries have spread many kind of pollutions and also affects the roads. Many pucca roads are broken due to truck transportation. Many complains are filed to industrial and govt. authorities by local villagers but no result was achieved. After paralegal training, paralegal had jointly fought for construction of roads. Movement was carried out extensively. So GIDC was forced to construct pucca roads after paralegal movement.
Rajula:
Gujarat Pipavav Port Ltd. (GPPL) is one of the largest industries in Rajula Taluka. It has violated many provisions of Environmental law and conditions of Environmental Clearance. Many letters was written for checking malpractice of GPPL to Gujarat Pollution Control Board but no result was achieved. After paralegal training, a local paralegal has issued legal notice to GPPL, Gujarat Pollution Control Board, Ministry of Environment & Forest. GPPL has contacted them directly and ready to talk on issues

Rajula

A follow up meeting with 15 Enviro Paralegal was held at 28/06/2006. Two paralegal was appointed to continue in working with issues found during their field work of para legal programme with honorary stipend while other thirteen paralegal will serve to work for related issues as per requirement.
A widow was helped to get compensation using RTI Act for their crops and field through which Narmada water pipeline passed.
3 village visits in new village where new work is to initiate were done. 2 village visits were done to create awareness about Environment Public Hearing of Narmada Cement Company Ltd. 6 visit in villages where regular work is going on were done.
Total 10 village visit had been done during July month. Among them 4 coastal villages had been visited to know issues of environmental problems while food industries affected 6 villages had been visited. A committee has been formed of the victim of food industries pollution to struggle against them.
Under guidance or Rajula Paryavaran Mitra office 3 application under RTI Act had been filed in this month by village people regarding land acquisition, plot allocation etc.
A widow succeeds to get compensation for her land acquired by Narmada water pipe line authorities. It was after RTI application filed with guidance of Rajula Paryavaran Mitra office. Authority of Narmada water pipe line had to personally visit the widow lady and compensation amount was decided mutually.
Many villages have not sufficient grazing land as per govt. guideline in Rajula taluka. After meeting with Rajula Paryavaran Mitra representative three villages had made representation to District Collector and asked for additional land as grazing land in this month.
Two Enviro Paralegal have started working from July month. They visited Kadiyali, Chanch, Pipavav, Rampara – 2, Kovaya, Uchaiya and Victor villages and discussed related issues with leaders of respective villages.
Total 12 village visit had been done during August month. Among them 5 old villages in which work is going on Pipavav, Chanch, Ningala-1, Kathivadar and Khera were visited while 5 new villages in which work will be started like Sajanvav, Samchiyala-1, Dungar, Mandal, Morangi had been visited. New villages are far from coastal area. In this area onion powder factories are existing since many years. The villagers have complained for air and water pollution from these factories. Meetings were held in Dungar on 26/08/2006 to initiate this discussion. For agariya issues meeting was held in Ningala – 1 on 25/08/2006.
meeting with Rekha Rao of CSJ was arranged to discuss Jafrabad fisherman issues in September 2006
Five village Panchayat had demanded for separate grazing land from state government with help of Paryavaran Mitra.
A meeting with dean of social work department of Tata Institute of Social Studies, Mumbai for land acquisition survey in Rajula area.
Dharmendra Patel – a student from Lokniketan, Ratanpur was placed at Rajula under placement programme in January 2007.
RTI application was filed to Mamlatdar on GHCL issues in which Mamlatdar called meeting with GHCL officers.
Panchayat were encouraged for application for allotment of grazing land.
Kolkata based Visa Power Ltd. Issued notice for land acquisition to farmers directly on 23/02/2007. Heavy opposition was erupted against this. An article was published in Gujarat Samachar against companyraj with help of Paryavaran Mitra. Finally company withdraws their notices and postponed meeting with farmers.

Paralegal work

Paralegal had filed RTI Application asking village wise grazing land ratio in Rajula. In many villages it was found that grazing land is less than required. So applications were done to Prant Adhikari, Rajula for asking more grazing land by 10 Gram Panchayat. Follow up is going on for these applications.
For Rajula division railway line land was acquired but compensation was not satisfactory. So memorandum was submitted to Railway Minister Shri Narayanbhai Rathwa.
Gujarat Heavy Chemical Ltd. - GHCL has created pollution in this area since many years. Applications and presentation were made to authorities. RTI applications now filed asking steps taken on applications and presentation on GHCL pollution cases. Two meetings were arranged under chairmanship of Mamlatdar with GHCL officials. After that road condition and community development work were in progress.
Pipeline of Gujarat State Petronet Ltd. is passed from 13 villages of Rajula. Panchayat land were not been compensated till paralegal intervention. After strong follow up Kathivadar village Panchayat was compensated with Rs. 20000/- for land acquisition. In other villages follow up is going on.
For Narmada pipeline also work for compensation is going on. In one case of Ningala village after follow up Rs 1495/- were compensated immediately to widow.
Enviro Paralegals of Rajula were present in monthly meetings. Regular four monthly trainings were arranged for them.

Zagadiya

A follow up meeting with 15 Enviro Paralegal was held at 22/06/2006. Two paralegal was appointed to continue in working with issues found during their field work of para legal programme with honorary stipend while other thirteen paralegal will serve to work for related issues as per requirement.
6 villages of GMDC affected were visited to strengthen the issue. 6 villages of quarry affected area where new work has to be initiated were visited for initial contacts.
Meeting with Jagdish Thakore, MLA of Dahegam was scheduled on 16/06/2006. He was explained issue of GMDC and rehabilitation. He wrote letter to Hon’ble Governor of Gujarat to discuss GMDC, Zagadiya on 17/06/2006 and asked for urgent appointment.
Total 10 villages had been visited during July month among which 2 GIDC area villages, 4 quarry area villages and 4 GMDC affected villages were included.
Paralegal meeting was held on 28/07/2006 at Zagadiya office in which they had been trained and guided to work further in Zagadiya taluka villages for various environmental issues.
A meeting with Yuvak Mandal of quarry affected villages was held on 28/07/2006.
An application was filed under RTI Act by Zagadiya Paryavaran Mitra office for quarry related questions while in another application under RTI Act guidance was provided to applicant for their compensation demand in communal riots.
Enviro Paralegal of Zagadiya had visited 8 villages and discussed environmental problems due to surrounding industrial area. They had also explored issues of quarries with meeting of village people.
Total 13 villages were visited in August month. 4 villages Amod, Maljipura, Amalzar etc. where GMDC issue is going on was visited, 4 other GIDC area villages Dadheda, Vakhatpura, Selod, Sardarpura were visited, while 5 new villages Hingoriya, Rajalwada, Bhimpore, Baleshwar, Kadwali were visited where work will be initiated
Presentation was done to GIDC for repairing of roads which was accepted by them.
A meeting with CSJ – Bharuch was done for planning of environmental work on 21/08/2006.
A meeting with village leaders was organized on 22/08/2006 to discuss grazing land issues, wild life protection Act etc.
A meeting with Nyaypath, Vyara was held to guide them in pollution issues on 17/09/2006.
Applications were filed under RTI act for GIDC issues to Ankleshwar and Gandhinagar offices of GIDC.