Thursday, 9 June 2022

Section 7 of the EP Act

 Section 7 of the EP Act directs that persons carrying on any industry shall not discharge any environmental pollutants in excess of standards prescribed by

a) SPCB

b) CPCB

c) State Government

d) Central Government. è

Explanation:

a) SPCB = State Pollution Control Board

b) CPCB = Central Pollution Control Board

Section 7 : No person carrying on any industry, operation or process shall discharge or emit or permit to be discharged or emitted any environmental pollutant in excess of such standards as may be prescribed.

Such standards are prescribed by the Central Government time to time.

As  per Sec. 7 the person liable is a) person carrying on any industry, operation or process and discharging or emitting any environmental pollutant in excess b) the authority/ Head of department who is giving permit for discharge of emission of such environmental pollutants in excess.

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Section 7 of the EP Act is significant provision that provides for an offence committed by any department of government wherein:

a) Government is excused from liability as the government itself frames the Act.

b) Head of department shall be deemed guilty and is liable. è

c) The department officials responsible for contravention will be held liable.

d) No liability since the Act falls within the sovereign function of the State.

Explained above.

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Constitutional Provisions for Environmental Protection

 Q. One of the following Articles of the Constitution of India gives a clear mandate to the State to protect and improve environment and to safeguard the forest and wildlife in the country

A. Article 20

B. Article 51(A) (g) è

C. Article 54

D. Article 59

Explanation:

A. Article 20 = Protection in respect of conviction for offences

B. Article 51(A) (g) è Article 51-A (g), says that “It shall be duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures.” 

C. Article 54 = Election of President of India

D. Article 59 = Conditions of Presidents office

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Article ______ of the Indian Constitution deals with protection of monuments and places and objects of National Importance.

(a) 48-A

(b) 49 è

(c) 50

(d) 47

Art 49 of the Indian Constitution deals with protection of monuments and places of national importance.

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Supreme Court has traced the Right to wholesome environment in _______ .

(a) Article 21 è

(b) Article 21(A)

(c) Article 48-A

(d) Article 14

The Charan Lal Sahu Case [7] In 1991

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Article 48-A of the Constitution is specially inserted for _______________ .

(a) Organisation of agriculture and animal husbandry

(b) Protection of monuments

(c) Raising the level of nutrition

(d) Protection and improvement of environment.

The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.

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The provisions for environmental protection in the Indian Constitution are made under  _____.

(a) Article 48-A

(b) Article 51-A (g)

(c) Article 27-B (h)

(d) Both (a) and (b) è

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Article 21, 47, 48-A and 51-A(g) that provide that the State must protect and improve the environment and safeguard forest and wildlife incorporating which of the following principles of Environmental law?

a) Polluters pays principle

b) Precautionary principle è

c) Both A and B

d) None of the Above

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Under which article of the constitution was the Environment protection act 1986 enacted?

A. Article 233

B. Article 243

C. Article 253 è

D. Article 272

In the wake of Bhopal tragedy, the Government of India enacted the Environment (Protection) Act, 1986 (EPA) under article 253 of the constitution.

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Bio-Medical Waste Rules

 Q The Central Government has issued the Bio-Medical Waste Rules in the year:

(a) 2000 (b) 1998 è

(c) 2003 (d) 2007

BioMedical Waste Rules= BIOMEDICAL WASTE MANAGEMENT RULES The Ministry of Environment and Forest established the Biomedical Waste Management & Handling Rules in 1998 under the Environment Protection Act

Biomedical waste or hospital waste is any kind of waste containing infectious (or potentially infectious) materials.[1] It may also include waste associated with the generation of biomedical waste that visually appears to be of medical or laboratory origin (e.g. packaging, unused bandages, infusion kits etc.), as well research laboratory waste containing biomolecules or organisms that are mainly restricted from environmental release. As detailed below, discarded sharps are considered biomedical waste whether they are contaminated or not, due to the possibility of being contaminated with blood and their propensity to cause injury when not properly contained and disposed. Biomedical waste is a type of biowaste.

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Authorization under the Bio-Medical waste Rules means –

a. means permission granted by the prescribed authority for the generation, collection, reception, storage, transportation, treatment, disposal and/or any other form of handling of bio-medical waste in accordance with these rules and any guidelines issued by the Central Government. è

b. means any preparation made from organisms or micro-organisms or product of metabolism and biochemical reactions intended for use in the diagnosis, immunisation or the treatment of human beings or animals or in research activities pertaining thereto

c. which includes a hospital, nursing home, clinic dispensary, veterinary institution, animal house, pathological laboratory, blood bank by whatever name called, means a person who has control over that institution and/or its premises

d. person who owns or controls or operates a facility for the collection, reception, storage, transport, treatment, disposal or any other form of handling of bio-medical waste

 

Explanation:

Bio-medical Waste Authorisation is an authorisation issued under the provisions of Bio-medical Wastes Management Rules, 2016 for the generation or collection or reception or storage or transportation or treatment or disposal or any other manner of handling of biomedical wastes listed in Schedule 1 of the Bio-medical Wastes Management Rules, 2016.

According to the Bio-medical Waste Management Rules, 2016, Every person who is involved in the generation, collection, storage, transportation, reception, recycling, disposal is required to have authorization.

The State Pollution Control Board are declared as prescribed Authority for grant of Authorization.

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A news came in one of the newspapers stating that one ‘Mangal Nursing Home’ is discarding its Biomedical wastes in the nearby public dustbin on the road maintained by Corporation thereby causing health hazards to the surrounding residents. In this case –

a. The Pollution Control Board cannot take suo moto action against the Nursing home

b. The Pollution Control Board can take suo moto action against the Nursing home. è

c. The Nursing home has not committed any offence and hence no action can be taken against them

d. The Nursing Home has committed an offence, but the Pollution Control Board does not have the authority to take action against them.

Explanation:

It is the duty of the officials of the PCB to ensure implementation of the Bio-Medical Waste (Management & Handling) Rules, 1998 under the Environment (Protection) Act, 1986 and amendments thereof.

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Magna Carta of Environmetal Law

 Q _____ document is known as “Magna Carta” for efforts taken in form of conference on international level:

(a) The Stockholm conference è

(b) The Rio conference

(c) The Johanesburg conference

(d) United Nations Millennium

Explanation:

(a) The Stockholm conference = The 1972 United Nations Conference on the Environment in Stockholm was the first world conference to make the environment a major issue.

(b) The Rio conference = The United Nations Conference on Environment and Development, also known as the Rio de Janeiro Earth Summit, the Rio Summit, the Rio Conference, and the Earth Summit, this was a major United Nations conference held in Rio de Janeiro from June 3 to June 14, 1992.

(c) The Johanesburg conference = The Johannesburg Declaration on Sustainable Development was adopted at the World Summit on Sustainable Development (WSSD), sometimes referred to as Earth Summit 2002, at which the Plan of Implementation of the World Summit on Sustainable Development was also agreed upon.

(d) United Nations Millennium = The United Nations Millennium Declaration, signed in September 2000, commits world leaders to combat poverty, hunger, disease, illiteracy, environmental degradation, and discrimination against women

Thursday, 19 May 2022

Reproductive Right of a woman: Part 1

Vande Matram! This is article based on multiple choice questions on feminist jurisprudence and gender justice in India. This is a series.

1) Over the last decade, Indian courts have issued several notable decisions recognizing women’s reproductive rights as part of the __________ implicitly protected under the fundamental right to life.

a) inalienable survival rights

b) human rights

c) fundamental rights

d) none of the above

Ans. a) inalienable survival rights

If you say that someone has an inalienable right to something, you are emphasizing that they have a right to it which cannot be changed or taken away.

2) ___________ disproportionately harm women due to their capacity to become pregnant and legal protection of these rights as human rights is critical to enable gender justice and the equality of women.

a) Violation of right to life

b) Violations of reproductive rights

c) Violation of right to equality and non-discrimination

d) Violations of fundamental rights

Ans. b) Violations of reproductive rights

3) India is signatory to _________ which recognizes reproductive rights.

a) Abolition of Forced Labour Convention (AFLC)

b) Employment Service Convention, (ESC)

c) Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

d) Labour Statistics Convention (LSC)

Ans. c) Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

4) India is signatory to _________ which recognizes reproductive rights.

a) International Convention to Facilitate the Importation of Commercial Samples and Advertising Material (ICFICSAM)

b) Aircraft Protocol to the Cape Town Treaty (APCTT)

c) Animal Production and Health Commission for Asia and the Pacific (APHCAP)

d) International Covenant on Civil and Political Rights (ICCPR)

Ans. d) International Covenant on Civil and Political Rights (ICCPR)

5) India is signatory to _________ which recognizes reproductive rights.

a) International Covenant on Economic, Social and Cultural Rights (ICESCR)

b) Kyoto Protocol (KP)

c) Employment Policy Convention (EPC)

d) Genocide Convention (GC)

Ans. a) International Covenant on Economic, Social and Cultural Rights (ICESCR)

6) India is signatory to _________ which recognizes reproductive rights.

a) Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (OPSCCPCP)

b) Convention on the Rights of the Child (CRC)

c) Convention on the Rights of Persons with Disabilities (CRPD)

d) Constitution of the International Organization for Migration (CIOM)

Ans. b) Convention on the Rights of the Child (CRC)

7) __________ of the Indian Constitution and the judiciary has established that the government has a constitutional obligation to respect international law and treaty obligations.

a) Article 51(a)

b) Article 51(b)

c) Article 51(c)

d) Article 51(d)

Ans. c) Article 51(c)

8) Although India was among the first countries in the world to develop legal and policy frameworks ___________, women and girls continue to experience significant barriers to full enjoyment of their reproductive rights, including poor quality of health services and denials of women’s and girls’ decision-making authority.

a) for criminalization of abortions

b) imparting justice to rape victims

c) guaranteeing  forceful family planning operations of majority community

d) guaranteeing access to abortion and contraception

Ans. d) guaranteeing access to abortion and contraception

9) In which cases the Delhi High Court stated that “these petitions focus on two inalienable survival rights that form part of the right to life: the right to health which would include the right to access and receive a minimum standard of treatment and care in public health facilities and in particular the reproductive rights of the mother.”

a) Laxmi Mandal v. Deen Dayal Harinagar Hospital & Ors.

b) Jaitun v. Maternity Home, MCD, Jangpura & Ors.

c) Both a) and b)

d) None of these

Ans. c) Both a) and b)

Laxmi Mandal v. Deen Dayal Harinagar Hospital & Ors. and Jaitun v. Maternity Home, MCD, Jangpura & Ors., these two cases were concerning denials of maternal health care to two women living below the poverty line. In these cases by citing CEDAW and ICESCR, the decision held that “no woman, more so a pregnant woman should be denied the facility of treatment at any stage irrespective of her social and economic background…This is where the inalienable right to health which is so inherent in the right to life gets enforced.”

10) The High Court of Madhya Pradesh in __________, opined that “the inability of women to survive pregnancy and child birth violates her fundamental right to live as guaranteed under Article 21 of the Constitution of India” and “it is the primary duty of the government to ensure that every woman survives pregnancy and child birth.”

a) Mayank Rastogi vs Sh. V K Bansal & Osrs

b) Shankaria vs State Of Madhya Pradesh

c) Chander Kanta Bansal vs Rajinder Singh Anand

d) Sandesh Bansal v. Union of India

Ans. d) Sandesh Bansal v. Union of India

Importantly, the Bansal decision specifically rejected financial constraints as a justification for reproductive rights violations, and established that government obligations under Article 21 require immediate implementation of maternal health guarantees in the National Rural Health Mission, including basic infrastructure, such as access to blood, water, and electricity, in health facilities; timely maternal health services and skilled personnel; and effective referral and grievance redressal mechanisms where maternal health care is denied.

Thanks for reading till the end.

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Wednesday, 18 May 2022

Procedure of Civil Suit 2

Vande Matram! Moot Court is a practical subject of Law. Many a times you have to perform Court Proceedings in your practical exams. For that many problems are given to you from your college and you have to represent your case either from side of plaintiff / applicant or from side of defendant / non-applicant. The moot court practical gives you experience of actual court proceedings.

Also you have to appear for a viva-voce for the subject. In viva-voce the examiner may ask you about the cases you have observed during your training with a law firm and some questions about the general things may be asked. Here are some short questions and answers which may be asked apart from problems of moot court you have solved or cases you have observed during your training with a law firm.

Read Q1 to Q10 Here

Q11) What is Written Statement?

Ans. When the notice has been issued to the defendant, he is required to appear on the date specified in the notice. Before such date, the defendant is required to record his written statement i.e. his barrier against the claim raised by offended party. If time is specified by the Court then written statement must be filed within such time otherwise within 30 days from date of administration of notice issued by the Court.

Q12) What is contained in a written statement?

Ans. The written statement should specifically deny the allegations, which defendant thinks are false. Any allegation not specifically denied is deemed to be admitted. The written statement should also contain verification from the Defendant, stating that, the contents of written statement are true and correct.

Q13) What is replication by plaintiff?

Ans. Replication is a reply, filed by the plaintiff, against the "written statement" of Defendant and it should also specifically deny the allegations raised by the Defendant in written statement. Anything which is not denied is deemed to be accepted. Once Replication is filed, pleadings are stated to be complete.

Q14) How documentary proofs are filed in a civil suit?

Ans. Filing of Other Documents as documentary proofs – In civil suit many of a time documentary proofs are very necessary. Once, the pleadings are complete, then both the parties are given opportunity to produce and file documents, on which they rely, and to substantiate their claims. Filing of Documents should be admitted and taken on record. These documents are nothing but the documentary evidences under the Evidence Act.

Q15) How documents are admitted to the record of the civil suit by the Court?

Ans. Once the documents are filed by the parties then

·         Documents filed by one party may or may not be admitted by opposite party

·         In case documents are denied by opposite party, then they can be admitted by the witness presented by party whose documents are denied

·         Once the document has been admitted it shall form a part of the record of court, and all the details of suit such as name of parties, title of suit etc, shall be inscribed on the document

·         Documents, which are rejected i.e. not admitted, are returned to the respective parties.

·         It is necessary that document should be filed in "original", and a spare copy should be given to the opposite party.

Q16) How issues are framed by the Court?

Ans. Issues are framed by the Court as follows

·         Issues are framed, keeping in view the disputes in the suit, and the parties are not allowed to go outside the purview of "Issues".

·         Issues may be of Fact or Law.

·         At the time of passing final order, the court will deal with each issue separately, and will pass judgments on each issue.

Q17) How witness of person is taken in the court record?

Ans. If parties wish to produce some witness then

·         The list of witnesses must be filed along with all the details such as name, age, occupation, address of correspondence, etc. within period as the court may fix or within the 15 days from date on which issues were framed by the Court.

·         The parties may either call the witness by themselves, or can ask the court to send summons to them.

·         In case court send summons to witness then the party which asked for such witness has to deposit money ' with the Court for their expenses, is known as "Diet Money".

·         Any witness, who is not appeared before the court, if he is required by the court to do so, then the court may penalize in terms of fine.

·         Finally on the date, the witness will be examined by both the parties

·         Once, the Examination and Cross- Examination of witness is over, and also the admission and denial of documents, then the court will fix a date for final hearing.

Q18) How the final hearing will be conducted in a civil suit?

Ans. Final Hearing of a civil suit will be conducted by the court:

·         On final hearing day, the final argument will take place

·         The arguments should strictly be restricted to the issues framed

·         Before the final Arguments, the parties with the permission of Court can amend their pleadings

·         The court may refuse to listen for anything which is not contained in the pleadings

·         Finally, the court will pass a "final Order", either on the day of hearing itself, or some other day which will fixed by the court.

Q19) What is certified copy of order?

Ans. Certified copy of order- It is the final order of court, and having the seal and stamp of court. It is useful, in case of Appeal or in case of execution of the order.


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Tuesday, 17 May 2022

Procedure of a Civil Suit 1

 



Vande Matram! Moot Court is a practical subject of Law. Many a times you have to perform Court Proceedings in your practical exams. For that many problems are given to you from your college and you have to represent your case either from side of plaintiff / applicant or from side of defendant / non-applicant. The moot court practical gives you experience of actual court proceedings.

Also you have to appear for a viva-voce for the subject. In viva-voce the examiner may ask you about the cases you have observed during your training with a law firm and some questions about the general things may be asked. Here are some short questions and answers which may be asked apart from problems of moot court you have solved or cases you have observed during your training with a law firm.

Q1) Is there any procedure laid down by statute to file a civil case or civil suit?

Ans. Yes, there is a procedure laid down by the Code of Civil Procedure 1908. If the process is not followed, then the Court Registrar has a right to dismiss the suit. But in general the objections are raised by the Registrar and the counsel for plaintiff has to remove these objections by doing the necessary as instructed by the Registrar.

Q2) What is the plaint?

Ans. Plaint is the written complaint or allegation.

Q3) Who is plaintiff and who is defendant?

Ans. One who files plaint is known as "Plaintiff" and against whom it is filed is known as "Defendant".

Q4) What are the contents of a plaint?

Ans. A plaint contains Name of the Court, Nature of Complaint, Names and Address of parties to the suit, the facts of the case, allegations made by plaintiff, prayer for relief and remedy, verification from plaintiff, stating that, contents of the plaint are true and correct.

Q5) What is Vakalatnama?

Ans. Vakalatnama is a written document, by which the person/party filing the case authorises the Advocate/Lawyer to represent on their behalf. However a person/party filing a case, May also represent their own case personally in any court and in this case he do not need Vakalatnama"

Q6) What are the terms of a Vakalatnama?

Ans. In general, a Vakalatnama may contain below terms:

·         The client will not hold the Advocate responsible for any decision

·         The client will bear all the costs and/expenses incurred during the proceedings

·         The advocate will have right to retain the documents, unless complete fees are paid

·         The client is free to disengage the Advocate at any stage of the Proceedings

·         The Advocate shall have all the right to take decisions on his own in the court of Law, during the hearing, to the best interest of client

Q7) How to file a plaint?

Ans. After preparation of plaint of a civil suit it is to be filed before the Chief Ministerial Officer (Sherestedar) at the filing counter, along with appropriate court fee and process fee(For different types of documents, a person has to pay different amount of Court fees.) At least two copies of the plaint must be filed, the number of copies may vary depending upon the number of defendant parties.

Q8) What is Court Fee?

Ans. Court fees is a nominal percentage of the total value of the claim or the value of the suit. The requisite amount of Court fees and stamp duty is different for every suit, and the same is mentioned in the “Court Fees Stamp Act”.

Q9) What may happen on first day of hearing of a suit?

Ans. After filing a plaint the court proceedings are conducted. On the first day of hearing, if the court thinks there are merits in the case, it will issue notice to the opposite party, to submit their arguments, and fix a date.

Q10) What is the responsibility of plaintiff or his counsel after issuance of notice to opposite party by the Court?

Ans. When the notice is issued to the opposite party, the plaintiff is needed to do the following:

·         File requisite amount of procedure - fee in the court.

·         File 2 copies of plaint for each defendant in the court.

·         Of, the 2 copies for each defendant, one shall be sent by Register/post/courier, and one by Ordinary post.

·         Such filing should be done within 7 days, from date of order/notice.


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