LEXPEEPS editor – Page 353

Case Number

Criminal Appeal No. 300 of 1975

Equivalent Citation

1975 AIR SC 2473, 1975 SCC 2 829.

Bench

V.R Krishna Iyer, A.C Gupta, JJ.

Decided on

October 10, 1975

Relevant Act/ Section

The Immoral Traffic (Prevention) Act, 1956

Brief Facts and Procedural History

The location is the Isias Bar, which is located at 15, Free School Street in Calcutta. A midnight invitation to have a good time with sylphs is extended by a hall of enchantment. The entrance price is a pittance of Rs 15 per person, and there is energizing booze served inside. To the exhilarating tune of band music, scantily clad female flesh of sweet seventeen or thereabouts fly about. The stage is busy with many men and women moving from one room to other. Many bars or restaurants provide a suitable platform for the operation of brothels. Similarly in this case, when the men indulge in promiscuous sex, police and excise officers entered the scene. When the Act entered into effect, a prosecution was brought against numerous people under Section 7, and two people, the proprietor, and manager of the Isias Bar were found guilty and sentenced.

Procedural History

An appeal to the High Court was largely unsuccessful, while the State’s appeal was somewhat successful. The conviction was amended to some extent by the High Court, and the Supreme Court had to continue on the assumption that the accused had been found guilty of offenses under Sections 7(2)(a) and 3(1) but acquitted under Section 7(2)(b). The more pertinent element of the present appeal was that an order was made under Section 18(1) when read with Section 18(2) directed the occupiers of the portion of Premises Nos. 15 and 15.A, Isias Bar or the Free School Street to be evicted therefrom within a period of seven days from the date of that order and restore possession thereof to the owner landlord. The Supreme Court had given special leave to challenge this eviction order under Section 18(2), read with Section 18(1). (1).

Issues before the Court

The scope of the concerned arguments was limited to the right to evict the tenant of the guilty premises after conviction for Sections 3(1) and 7(2)(b) offenses, in addition to the term imposed.

Ratio of the Case

In Sub-Divisional Magistrate v. Ram Kali, AIR 1968 SC 1, this Court ruled that Section 18(1) applies to one class while Section 18(2) applies to another. Section 18(1) is a one-time method for shutting down obnoxious prostitution establishments without having to go through the lengthy process of criminal prosecution.

It’s a quick-reacting defense mechanism designed to put out the flames and promote immediate moral sanitation in locations like shrines, schools, hostels, and hospitals, all of which are socially vulnerable. Section 18(2), on the other hand, only applies to anyone who has been convicted of crimes under Sections 3 or 7. Thus the place is found to be engaged in prostitution trial. It follows to reason that if the goal of removing the business vice from that location is to be accomplished, the occupier must be ejected. In this scenario, this is exactly what has been done. Section 18(2) applies to all locations where prostitution activity has taken place, not only those within 200 yards of the offending distance.

Decision of the Court

The Supreme Court dismissed the appeal, affirming the Magistrate’s power to order eviction when a conviction under Section 3 or Section 7 occurs, confident that public power vested in a public functionary for the public good will be exercised whenever the conditions for doing so exist, achieving a broad social goal of moral clean-up of public places.

This case analysis is done by Vanshika Samir.

The editor of this post is Shreya Litoria.

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Introduction

Communalism can be explained as having a very strong attachment to one’s community. That is it is the trail of thought according to which people have a very strong sense of emotion and attachment to their religion, caste, race, etc. Basically, the strong sense of belongingness and extremist views people have towards their community can be termed communalism.

Thus communalism is definitely an evil for a diverse country like India where so many people of different communities exist and flourish together. Therefore communalism is both an issue of the core values of our constitution as well as a security issue. This is because the Preamble of our Constitution has included Secularism as a core value. The concept of secularism has been explained further in the article. The concern of security arises due to communal riots. As the name suggests, communal riots are violent disturbances of peace between people belonging to different communities. A communal riot usually takes place between two separate castes or religions. Such disturbances cause threats to the peace and internal security of the country as such displays of violence usually cause huge losses to life and property.

Some Instances of Communal Riots

Partition of India,1947:

The riots during the partition of India are one of the most well-known examples of communal riots. About 14 million people had to abandon their homes when British administrators of Colonial India began dismantling the South-Asian empire. The estimated number of people killed during the partition period ranges from 200 thousand to 2 million.

Anti-Sikh Riots, 1984:

The 1984 Sikh Massacre, also called the Anti-Sikh riots were multiple planned attacks against the Sikhs. These took place post-assassination of former Prime Minister Indira Gandhi. The assassination was done by her Sikh bodyguards in a form of retaliation towards the order to attack Harmandir Sahib complex, Amritsar that had been given to the Indian Army. In these riots, 3,000 Sikhs had been killed in New Delhi, with approximately 17,000 Sikhs being killed in 40 different cities spread across India. Approximately 50,000 people that were belonging to the Sikh community had to move from their hometowns across different cities.

Communalism as a Political Strategy

Now that it is clear what communalism and how communal riots are a dangerous consequence of it, it is clear that communalism is not a practice that should be promoted and instead should be avoided or even rooted out. It is, however, the unfortunate reality of our democracy that many politicians use communal tactics and strategies in order to get vote bank during elections. Some forms of communalism can be highlighted as:

The organization of Parties:

Many political parties make sure that all the party members belong to only a specific community. This may be done in order to send the message that a party shall favor a specific community and may favor it over other communities.

Selection of Election Candidates:

Political parties, in order to get voters on their side in a particular constituency, may choose a candidate of the community which is in majority in that constituency. This is done in order to get the majority of the votes from that constituency.

Voting on Communal Basis:

Most voters would vote for someone who is a part of their own community. Therefore parties may appeal to the voters of a particular community in order to get votes from them. The voters may feel that the party will work for the welfare of their community.

All of these conditions and strategies hinder the progress of democracy in our country and also go against the core values of our constitution.

What is Secularism?

Secularism has been explained as the separation of the State from religion. This means that no particular religion is followed or favored over the other religions in the country.

The Preamble has declared India as a secular country. The word Secular had been added in the constitution by the 42^nd amendment of the constitution of India. The word secular was added to symbolize that the country gives equal opportunities to the people of every religion in the country and also that no one shall face discrimination because they belong to a particular religion.

Secularism in the Constitution

Article 14[i]:

It grants equal treatment by the law of the State and also grants equal protection of laws to everyone irrespective of caste, race, sex, etc. in the territory of India

Article 15[ii]:

This article prohibits discrimination against anyone on the basis of sex, race, religion, caste, etc.

Article 16(1)[iii]:

Article 16 grants equality in matters that relate to public employment. Clause 1 of this article states that there shall be equal opportunities given to everyone in government offices.

Article 25[iv]:

The constitution by virtue of this article has granted everyone the freedom to propagate, practice, and profess any religion freely without any interruptions.

Article 26[v]:

The freedom to manage religious affairs has been granted by this article. This means that all religious communities have the right to establish their own institutions for the purposes of religious activities and charity and also manage their own affairs.

Article 27[vi]:

This article has made it clear that no one will have to pay any form of taxes or fees for the maintenance and promotion of their religious denomination or religion.

Article 28[vii]:

The contents of this article have stated that any educational institution which is run and maintained through state funds shall not provide any religious instruction. This does not however apply to private educational institutions.

Article 29[viii]:

This article has provided that any section of citizens that reside in India shall have the right to conserve their culture and language. It has also been provided that no educational institution which is run out of state funds shall deny admissions on the basis of sex, caste, race, religion, etc.

Article 30[ix]:

The minorities of the country have been provided with the right to establish educational institutions of their own choice through this article.

Article 51-A(e)[x]:

Clause (e) of Article 51-A which provides the fundamental duties of the citizens states that the people of the country shall strive to promote equality and brotherhood among people of the country irrespective of religion, race, caste, sex, etc.

Conclusion:

Although communalism is an evil that still exists in the country and is also used by various politicians to gain votes, the core values of the constitution and the legal framework of the country are constantly striving to make India a secular country.

The author of this article is Om Gupta, a first-year law student pursuing a BBA-LLB from the University School of Law and Legal Studies.

The editor of this article is Shreya Litoria, pursuing B.Com LLB from Banasthali Vidypaith University, Jaipur.

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INTRODUCTION

The number of states in the international community is not exhaustive as it is a fluctuating affair with the disintegration of existing States resulting in the formation of new States or already existing States uniting to form one amalgamated State etc. Thus, arising the need for State recognition. Recognition of a State is a formal declaration of intent by one State to acknowledge the existence of another power as a State within the meaning of International law.

THEORIES OF RECOGNITION OF STATES

Constitutive Theory

The main exponents of this theory are Oppenhiem, Hegal and Anziloti. This theory states that it is the already-established-States that recognize the international status of newly formed States and give it the legal personality as a result of such recognition and not the process that actually gave it the independence. As a result, an “unrecognized State” will be devoid of any legal personality and hence would not have any rights or be subject to obligations under international law such as the prohibition on aggression, etc.

For example- Poland and Czechoslovakia were recognized by the Treaty of Versaille.

Declaratory Theory

Chief exponents of this theory are- Brierly, Fisher, etc. This theory is the total opposite of the constitutive theory and is more in harmony with the practical realities of today. It states that the recognition by other States has nothing to do with the existence of the State that establishes by its own legal efforts and circumstances. It describes recognition as a mere formality that does not affect the statehood that exists before and independent of recognition.

For example- Taiwan is a democratic country & is recognized by some but it has business dealings with almost everyone in the country.

CURRENT STATUS

In the current scenario from the past two decades, one can say that the practice has taken somewhat a middle stance of both theories. It may be right to say that recognition is highly political and is given in several cases for purely political reasons. Recognition is constitutive as it is evidence of acceptance of a new entity as a State with its political status by the community of States. But at the same time, it is declaratory as it does not imply that rights and duties arise out of such a recognition.

For example– the Arab world and Israel, the USA, and certain communist nations do not imply that the other party does not have any rights or are not subject to liabilities under International law, they just do not recognize them as State due to political reasons. The most important criteria for recognition is the fulfillment of elements of Statehood under international law that are listed below.

Article 1 of Montevideo Conference, 1933, lists down the following essentials that an entity shall have to be recognized as a State under international law.

Permanent population
Definite territory controlled by it
There should be a government
The entity should have the capacity to enter into relations with other States.

MODES OF RECOGNITION

DE FACTO RECOGNITION

When an existing State recognizes that the new State fulfills the essentials of Statehood under International Law but lacks stability and there are doubts as to its capability to fulfill obligations under International law, it is granted De Facto recognition. It is a temporary and provisional recognition that could be withdrawn in case of non-fulfillment of the requirements of the recognition. The States are vested with only limited power and obligations against other States and cannot enjoy full diplomatic immunities. De Facto recognition is a process of recognition by a non-committal act. De facto recognition can be considered a test of control for newly formed States and paves the way for De Jure recognition once it generates satisfactory results.

States that have De Facto recognition lack eligibility to be members of the United Nations.

DE JURE RECOGNITION

When a recognizing State feels that the recognized State fulfills all the essentials of Statehood and there are no doubts as to the long-term viability of the State, a De Jure recognition is granted. It is permanent and cannot be revoked. The such States have absolute rights and obligations against other States and enjoy full diplomatic immunities. This recognition is either expressly Stated by the recognizing State through a formal order or maybe impliedly communicated like commencing diplomatic relations.

A State doesn’t need to be given De Facto recognition first to be granted De Jure later, it can be directly granted.

An example of De Facto that was transformed to De Jure is- the United Kingdom recognized the Soviet Union (established in 1917) De Facto in 1921 and De Jure in 1924.

TYPES OF RECOGNITION

EXPRESS RECOGNITION

Under this type, a public Statement/declaration through a notification is made to announce recognition. For example- In 1963, a declaration was made by the French President to recognize the independence of Algeria.

IMPLIED RECOGNITION

Under this, a formal declaration is not made rather it is implied by some act that clearly communicates the intention.

PREMATURE RECOGNITION

Premature recognition is recognizing an entity that does not have elements of Statehood completely. For example- Palestine

COLLECTIVE RECOGNITION

It means recognition through an international treaty. For example- in 1975, 5 ASEAN countries recognized Cambodia.

CONDITIONAL RECOGNITION

In this, recognition is granted subject to conditions to be fulfilled.

LEGAL EFFECTS OF RECOGNITION

As mentioned before, on gaining recognition, a State is endowed with certain rights, immunities and is subject to certain obligations. Some of the legal outcomes of recognition are as follows:-

Gains the right to sue and be sued.
Acquires the capacity to enter diplomatic relations
After recognition, State succession is possible.
Can enter into treaties with other States.
Can be a part of UN

Kosovo declared its independence from Serbia in February 2008. This caused a ruckus amongst the States. At first, the United Kingdom, United States, and France recognized it as a State, and China and Russia didn’t. Later ICJ declared that the declaration of independence was not violative of the UN’s provisions of Statehood.

CONCLUSION

Recognition is the most important concept of International law as it determines what entities will be State or not. As mentioned before, current practice is somewhat a blend of constitutive and declaratory theory. Recognition is what endows rights and obligations on a State and consequences on both the international plane and within municipal laws. Hence an understanding of the subject is required. Recognition can most of the time be politically motivated and hence can be of any of the types mentioned above like- De Facto, De Jure, express, implied, etc.

The article is written by Munmun Kaur, a law student from Law Centre-I, Faculty of Law, Delhi University.

The article is edited by Shubham Yadav, Pursuing B.com LL.B. (4th Year) from Banasthali Vidyapith.

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Supreme Court Bar Association wrote a letter to the Chief Justice of India N.V Ramana saying that the current situation of Covid-19 is normal and there were a lot of cases pending in Delhi, so The SCBA requested and wrote a letter to CJI to start the physical hearings of SC following strict rules with Covid-19 protocols.

Where, the former Solicitor General and Senior Supreme Court lawyer, Vikas Singh had written the letter to the Chief Justice of India and requested the chief justice of India to resume the physical hearings of the courts following strict rules with covid-19 protocols. In this letter, the supreme court bar association said that most of the Lawyers aged below 45 years had been undertaken a vaccination program and while Advocates who were above 45 years have already been vaccinated.

The SCBA said that in the present scenario where we would start the court normally by taking care of the covid-19 so that the court functions do not affect in any manner. Supreme Court Bar Association also added that if the third wave hits we would be known only when the action of virus takes place and since the government is aggressively conduction genome sequencing. The fact of the third wave would be known in the public areas the moment it states that the SCBA has added.

SCBA has also mentioned that almost all our stakeholders have been taken their first dose of vaccine and most of them have taken two doses as well. And also said that there is a slot of 45 minutes should be assigned for miscellaneous and final disposal matters and thereafter that three slots of 1 hour should be assigned for two final hearings matters in each slot so that the total 6 final hearing matters can be taken up.

To avoid overcrowding in the courtrooms so for that media persons should not be allowed in the courtrooms and should only be allowed to watch the proceedings through virtual mode only said the supreme court bar association. Finally, the Bar Association said that even the litigants were not be allowed to the courtrooms because we don’t know their vaccination status. And Advocates may be allowed to access the libraries and lounges in the high-security zone.

-Report by RAVINUTHALA VAMSI KRISHNA

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CASE NUMBER

Special Leave Petition (Crl.) No. 6432 Of 2012

EQUIVALENT CITATIONS

(2012) 8 SCC 795, AIR 2012 SC 3316.

BENCH

P. Sathasivam and Ranjan Gogoi.

DECIDED ON

September 12, 2012

RELEVANT ACT/ SECTION

The Salt Cess Act, 1953.
Section 438 in the Indian Penal Code.
The Indian Penal Code.
The Special Courts Act, 1979.
Article 136 of the Constitution of India.
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Section 438 in the Code of Criminal Procedure, 1973

BRIEF FACTS AND PROCEDURAL HISTORY

In this case, the complainant was of a lower caste. She lived with her family. On 15.06.2012 they allowed the rain water accumulated in their field to flow to the field of the petitioner. The petitioner then abused on their caste and then assaulted her whole family by using stones, sticks, etc., the reason being that the complainant allowed the rain water to flow on their field. The complainant then on the same day filed an FIR against the petitioner. The petitioner along with the other accused members filed an anticipatory bail under section 438 of CrPC before the Additional Sessions Judge, who rejected their application for anticipatory bail. Then the petitioners moved the anticipatory bail to the High Court. The Hon’ble High Court allowed the anticipatory bail to 13 accused out of 15. The two petitioners moved to the Hon’ble Supreme Court of India. And the SC also rejected the application for anticipatory bail.

ISSUE BEFORE THE COURT

The main issue was that whether an accused charged with various offences under the IPC along with the provisions of the SC/ST Act is entitled for anticipatory bail (also called as pre-arrest bail) under Section 438 of the CrPC or not.

RATIO OF THE CASE

The Hon’ble Supreme Court of India rejected the application for anticipatory bail of the petitioners because the Section 18 of the SC/ST Act creates a bar over Section 438 of CrPC that denies the anticipatory bail for the person against whom the allegations has been filed under this Act and therefore no court can entertain such applications for anticipatory bail unless, the court prima facie finds that the offence made under the SC/ST Act is not made out.

DECISION OF THE COURT

The anticipatory bail is not maintainable in the cases of the offence committed under SC/ST Act as there is a bar under section 18 of this Act. Therefore the Hon’ble SC has held that the petitioners have committed the offence under SC/ST Act, and hence they are not entitled for release on pre-arrest bail.

The case analysis has been done by Priyanka Choudhary, currently pursuing BALLB from Mody University of Science and Technology, Lakshmangarh, Rajasthan.

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Introduction

The concept of parliamentary privileges was taken from the British Constitution. Article 105 and 194 talk about privileges or advantages to the Member of The Parliament. Such provisions are crucial for the democratic functioning of the country. The main motive of these provisions in the constitution is to uphold the supremacy of The Parliament’s office and its members. But the President, who is an integral part of The Parliament, does not have parliamentary privileges. Initially, the constitution of India provides only two parliamentary privileges. In other privileges, they were to be the same as those of the House of Commons on its commencement date ( 26 January 1950 ) until The Parliament defines. The 44^th amendment act, 1978 states that the other privileges of each House of Parliament, its members, and its committees are those which we had on the date of commencement ( 20 June 1979) until The Parliament defines.

The main motive of this amendment was to make verbal changes by dropping a direct reference to the British House of Commons. The Parliament has not made any specific law to codify all the privileges till now.

History of Parliamentary Privileges in India

The Government of India Act of 1919 takes the first step to regulate parliamentary privileges in the country. The act provided limited Privileges to legislators in India. Freedom of speech for the members of the central legislature under the act. Freedom with so many limitations. Neither were any punitive powers conferred on the legislators nor was Freedom from Arrest provided. The act of 1935 also did not change anything materially. Legislators loudly protested against having no parliamentary privileges. But no attention was paid by the British Government of India. From 1919 to 1947, there was a lot of struggle between Indian legislators and the British Government for parliamentary privileges. But the battle was worth waging.

Privileges That Is Provides To Member of House Individually

They cannot arrest in civil matters only during the session,40 days before the beginning, and 40 days after the end of the session.
They have Freedom of Speech.
During the parliament
ary session, they can refuse to appear as a witness. And give pieces of evidence in a case that is pending in courts.
House of Parliament

Provides Privileges Collectively

It has the right to publish its debates, reports, and proceedings. Along with it, it also has the right to prohibit others. The 44^th amendment allows the press to publish the Report of parliamentary proceedings without prior permission. But in the case of Secret sitting, this amendment is not applicable.
It has the right to hold secret sittings to discuss some important matters and can exclude strangers from its proceedings.
It can make rules to regulate the conduct of its business and its procedure.
It can punish its member for the breach of privileges or its contempt by imprisonment, suspension, expulsion, or reprimand.
The court has no right to inquire into the proceedings of a house or its committees.
No person can be arrested and no legal process can serve within the boundaries of The Parliament without the permission of the presiding officer.

Breach of Privilege

When Rights of the House or the members individually are

Ignored or attacked any of the privileges, immunities, is called the Breach of Privilege. Likewise, disobedience to its authority, members, or officers is also punishable as Contempt of the House. Any act or omission that either hinders or obstructs the House of Parliament in the performance of its functions or hinders any member or officer of such a house in the execution of his duty or which tends to produce such result which is directly or indirectly considered as a Contempt of Parliament.

Landmark Judgments

P.V. Narsimha Rao v. State

In this case, some Members of Parliament take bribes to vote against Prime Minister P.V. Narsimha Rao against a no-confidence motion. Afterward, he was charged under the Prevention of Corruption Act and IPC. The question raised in this case was that under Article 105(2) does any parliament member have any immunity to protect himself in criminal proceedings against him? Thus the court interpreted the “anything” term in the broader sense and did not prosecute P.V. Narsimha Rao and hence dismissed the case.

Keshava Singh v. Speaker, Legislative Assembly

In this case, Keshava Singh, a non-legislative member of the assembly, printed and published a pamphlet. He was criticized for contempt and breach of Privileges by the speaker of the U.P legislative assembly speaker. The same day in the House, Mr. Keshava committed a Breach of Privileges by his conduct. The court held that it does not amount to contempt.

Sir John Eliot Case

In this case, the court of King’s Bench convicted Eliot for seditious speeches made in the House of Commons. The House of Lords reversed the decision. Afterward, Bills of Right laid down that the courts or any place outside The Parliament have no right to decide on speeches and debates or proceedings in The Parliament.

Tej Kiran Jain and others v. N. Sanjeeva Reddy and others

In this case, plaintiffs were disciples of Jagadguru Shankaracharya. But at the World Hindu Religious Conference, Jagadguru made certain remarks on untouchability. After a discussion takes place in Lok Sabha in which derogatory words are delivered against Jagadguru. His disciples filed a suit against six members. The Supreme Court dismissed the plea by giving reasons. Under Article 105(1), whatever happens in Parliament during sitting or in the course of business was immunized.

Conclusion

As under Article 105(3), The Parliament has powers to codify the privileges. But no laws have been enacted by the Parliament so far. The Judiciary and Legislature must work in cooperation for any democratic constitution. These institutions have an ultimate motive for the smooth functioning of democracy. But the constitutional provisions of the Privileges of Parliament are vague. The easiest way to solve this conflict between Judiciary and Parliament lies in harmonizing the relationship between the two organs by properly codifying the privileges to remove unclear interpretations.

The article has been written by Megha Patel, a 2^nd -year law student at The Mody University of Science and Technology, Laxmangarh, Rajasthan.

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Introduction

Sustainable Development is defined as “to meet the needs of the present without compromising the ability of Future Generation to meet their own needs”. The concept came into the picture after the International Conference in Stockholm in 1972. It contains three aspects- 1.environment which includes biodiversity, air, land, plants, animals, etc.,2. Economy i.e. income and money employment trade, business, etc., 3.Society, includes education, health, security, peace, and equal opportunities. To meet this concept this compelled the legislature to make rules, guidelines, and legal provisions on the same. Further, these provisions brought the judiciary to set precedents against such degradation of the environment. The Supreme Court in various landmark cases highlighted the importance of controlling public actions to protect the environment through legal processes, statutes, and punishments. This article explores the legal regime of environment protection through Indian Jurisprudence.

Environment Preservation vis-a-vis Development

For a Developing country like India, Economic development clashes several times with environmental preservation. Moreover to achieve sustainable development courts follow only the principle to clean the existing pollution and not focus on precautionary principle to preserve the environment by further laying down rules and regulations which may prevent pollution, which can be construed by courts various decisions which focus on the polluter pays principle rather than precautionary principle.

To support the above contention the landmark case of Narmada Bachao Andolan is apt. In this case, the height of Sardar Sarovar Dam was to be increased which would have affected the local people, their livelihood would have been lost, and a further lot of species of plants and animals would have been submerged. The Supreme Court held that local people should be given a better place of livelihood but construction would take place as it was important for the development of that place. This judgment portrays that Environment Development is important keeping Environment concerns in view.

Sustainable Development Precedents

In India, the Sustainable development concept came into light with the case of the Vellore Citizens Welfare Forum. In this case, the tanneries in Tamil Nadu were releasing harmful untreated effluents into water bodies, agricultural fields, and roads as well. The river named Palar there was highly polluted due to these effluents making a scarcity of potable water, and not only this it also polluted over thirty thousand hectares of land engaged in agricultural activities. The Supreme Court held Tanneries owners liable and stated that the principle of polluter pay is an integral part of the Constitution.

Supreme Court of India

Taj Trapezium case, in this case, refineries of Mathura’s use of coal and also because of vehicles emissions which lead to the release of SO2 mixing with water in rainy seasons making it an Acid rain resulting in corrosion of Taj, turning white marble yellowish, was banned. A Bhuleral Committee was also set up which recommended the use of CNG. Oleum Gas Leak Case in which Absolute and Public Liability evolved. Another case was filed by M.C. Mehta in which several polluting tanneries were ordered to be closed to save water of river Ganga. Court-ordered tanneries to come up with a proper set treatment plant.

Through the case of Murli Deora Smoking was banned in public places.

Other Courts

Landmark cases laying precedent on environment protection and maintaining sustainable development. Rural Litigation & Entitlement Kendra cases– also known as Dehradun Mussoorie Hills quarrying Case. The court observed that quarrying of limestone results in excessive soil erosion and therefore, there is a need to maintain a balance between Environmental & Ecological Integrity. AP pollution control board caseIn this case, the precautionary principle was established. Church of God in India case. In this case, noise Pollution was also given recognition.

Provisions on Environment Protection

Constitution of India

Constitutional guidelines on right to wholesome Environment- Evolution of Application, Relevant provisions are given under Articles 14, 19(1)(g), 21, 48 (A), 51(A)(g) of the Indian Constitution.

42^nd Amendment – Article 48(A)- states about Protection & improvement of Environment & safeguarding forests and wildlife.

Article 51(A)(g)- Fundamental duty to protect & improve the natural environment…living creatures.

List III- Concurrent List– provides Indian parliament power to legislate on subjects on man-made an increase of pollution and environment degradation.

Other Legislations

Under Article 253 of the Indian constitution- legislation for giving effect to International Law. Through which certain legislations inspired by an International Conference in Stockholm 1972 were implemented, such as Water Act 1974, Air Act 1981, Environment Protection Act, 1986, Forest Act1927, Wild Life Protection Act, 1972, etc.

Provisions under Code of Civil procedure– section 91- Reservoir for class action suits against environmental Law. J. C. Galstaun case – one of the earliest cases on environmental pollution in India. The Case is important because it shows how the common law regulatory system can check polluters in a pre-industrialized society.

Indian Penal Code– There are various sections of the Code related to environment nuisance and its punishments, some of them are-

Section 277– fouling Water of public Spring or Reservoir

Section 278– Making atmosphere noxious to health.

Section 284– Negligent conduct concerning poisonous substances.

And many more.

Provision under Code of Criminal Procedure– section 133– Conditional order for removal of the nuisance.

National Green Tribunal

It is a body specially designed to deal with the cases of Environment protection. India is the 3rd country in the world to make such a body for robust and effective disposal of cases related to the environment. Landmark cases held by NGT are- recently in 2017 in Delhi NGT imposed a ban on plastic bags containing less than fifty microns. In the 2012 Almirtra H. Patel case, NGT prohibited the open burning of wastes on the land surfaces.

However, NGT faces various challenges like the supremacy of the High Court, criticisms on various judgments of NGT which caused repercussions on the environment, the pendency of cases due to lack of judges and financial assistance, which fails the purpose of establishing such a Tribunal.

International Law

Sustainable Development targets cannot be the same for every country as every country is on a different stage of acquiring it. Some have to achieve more whereas some have to achieve less, according to the altogether vision in view to preserve resources of the world at large. Therefore, to meet such vision internationally major summits held are stated below-

Stockholm conference -focused on biodiversity and environment to secure a healthy environment for humans present as well as the future.
United Nations Commission on Environment and development- plays an important role to protect Environment, in its Brundtland Report defined sustainable development to acquire environmental protection, Economic Growth and social equity.
Rio Declaration- introduced principles on biodiversity, climate change and forest management.
United Nations conference on Sustainable Development 2012- adopted eight Sustainable Development goals to be achieved by 2030.

Article 253 of the Indian Constitution states Legislation for giving effect to International Agreements.

Conclusion

Many times, Economic development wins over Environment Degradation. India is a developing country which makes it concerned to become one of the developed countries concerning the economy, technology, Industry, etc., basically, every such thing which degrades the environment resources. Therefore, in various cases, Economic development supersedes Environment preservation. Independence and accountability are also important aspects to acquire Sustainable Development by Judiciary. Implementing legislation, regulatory authority by a specialized body that is NGT may make the dream of Sustainable Development possible which enhances the environmental law regime in the country.

The article has been written by Aakrati Thakur, pursuing BBA Ll. B 3^rd Year in Delhi Metropolitan Education, Noida, GGSIPU.

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