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Ritwick Dutta is an advocate based in India who has focussed exclusively on environmental law for more than two decades.
Appearing for communities, civil society groups and activists, Ritwick has creatively used India’s legal system to further the rights of India’s marginalised and ‘at risk’ communities as well as nature. In the process, he has helped secure precedent setting judgments which has helped in not only upholding the environmental Rule of Law but also helped protect landscapes as well as livelihoods.
He is the founder of the Legal Initiative for Forest and Environment (LIFE) which focuses on access to information, public participation and access to Justice on matters concerning the environment. In recognition of its work on promoting environmental justice and democracy, LIFE received the Right Livelihood Award, 2021 also known as the ‘Alternative Noble Prize’.
To date, Ritwick has authored and edited 14 books on environmental law and regularly writes in major publications including academic journals. He actively advises civil society groups, government and international organisations on matters related to environmental law.
In addition to environmental litigation, Ritwick is involved environmental law training and advocacy and is presently a Fellow at the Right Livelihood College, Bonn and Adjunct Faculty at the National University of Juridical Sciences, Kolkata, West Bengal.
Key Cases
Odisha Mining Corporation Versus Union of India [2013] 6 S.C.R. 881 Precedent-setting judgment where the Supreme Court held that Free Prior Informed Consent (FPIC) is mandatory from village councils before mining can be allowed in areas in which are held sacred by tribal communities. Represented the affected tribal communities before different Courts
Save Mon Region Federation Versus Union of India (Appeal No. 39 of 2012)
Approval granted to Hydro Electric project set aside by National Green Tribunal (NGT) on the ground of improper and inadequate Environmental Impact Assessment studies. Tribunal highlighted the importance of sharing information with the public and ensuring effective public participation.
Utkarsh Mandal versus Union of India (WRIT PETITION (Civil) No. 9340/2009)
Delhi High Court Judgment which highlighted the need for all decision-making bodies to record detailed reasons for their decisions. Emphasised that administrative law principles are applicable to environmental decisions.
Vimal Bhai versus Union of India (15895/2005 in W.P. (C) 17682/2005)
Delhi High Court Judgment which emphasised on the need to have independent adjudicatory bodies comprising of Judges and Experts for dealing with environmental cases. Laid the foundation for the establishment of India’s environmental Court: the National Green Tribunal
Chandrabhal Singh Versus Union of India (Application No. 347 of 2016)
Judgment of the NGT which led to the effective implementation of the Convention on Biological Diversity in India. As a result of the NGT’s direction, 2,95,000 Biodiversity Management Committees were constituted at the village level for sustainable use and conservation of biological resources.
Divya Pharmacy Versus Union of India (2018 SCC OnLine Utt 1035)
The High Court upheld the validity of the law enacted to implement the Nagoya Protocol on Access and Benefit Sharing with respect to biodiversity. High Court held that India is under an obligation to implement the Convention on Biological Diversity and all entities – Indian and Foreign are under a legal obligation to share a part of its revenue with communities that have conserved biodiversity.
Meenava Thanthai Selvam Versus Union of India (Appeal No. 62 of 2017)
NGT directed for the demolition of oil storage facilities on the ground that it is in violation of the Coastal laws which prohibits construction on coastal areas. Judgment of NGT upheld by Supreme Court though a detailed judgment which highlighted the need to protect the coast at a time when climate change is a reality.
Pushp Jain Versus Union of India (2017 SCC OnLine NGT 981)
The NGT struck down the amendment to the EIA Notification which exempted building and construction projects from the requirement of undertaking EIA studies. The NGT referred to India’s commitment under the Paris Climate Agreement and the Principle of Non-Regression to hold the amendment to be contrary to both the law and India’s international environmental obligation.
T. Muruganandam Versus Union of India (Appeal No. 50/2012)
The NGT held that Cumulative Impact Assessment is an integral part of EIA studies for coal fired power plants that must take into account the past, present and projects in the foreseeable future.
