Friday, 10 June 2022

Commission of Sati (Prevention) Act, 1987

 Commission of Sati (Prevention) Act, 1987

Sati (Prevention) Act, 1987 is a law enacted by Government of Rajasthan in 1987. It became an Act of the Parliament of India with the enactment of The Commission of Sati (Prevention) Act, 1987 in 1988. The Act seeks to prevent sati, the voluntary or forced burning or burying alive of a widow, and to prohibit glorification of this action through the observance of any ceremony, participation in any procession, creation of a financial trust, construction of a temple, or any actions to commemorate or honor the memory of a widow who committed sati.

Sati was first banned under Bengal Sati Regulation, 1829.

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When prosecution for an offence under Section 4 of Commission of Sati (Prevention) Act, 1987 takes place, the burden of proof of not having committed the offence lies on whom of the following:

A. The State

B. The Accused

C. In-laws of the deceased woman

D. Witness è

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If you want a detailed blog explaining the Commission of Sati (Prevention) Act, 1987 and the Bengal Sati Regulation, 1829 and rules made under these Acts then please comment below.

Sati Pratha

Sati Pratha

Sati, also spelled as Suttee, is a practice among Hindu communities where a recently widowed woman, either voluntarily or by force, immolates herself on her deceased husband's pyre. The woman who immolates herself is, hence, called a Sati which is also interpreted as a 'chaste woman' or a 'good and devoted wife'.

Sati system in India is said to have its origins back in the 4th century BC. However, the evidence of the practice is traced between the 5th and 9th centuries AD when widows of the Kings performed this sacrifice. Jauhar was among one of the most prevalent practices in Rajasthan and Madhya Pradesh.

Raja Ram Mohan Roy, the man who abolished Sati Pratha.

18-year-old Roop Kanwar remains India's last known case of sati, her death stunning a nation and forcing a rewrite of its laws

It was due to the efforts of Raja Ram mohan Roy that Lord William Bentick abolished Sati system in 1829 by declaring it an offence. It advocated freedom of the press and condemned any restriction imposed on it by the Government. It supported widow-remarriage and the education of girls.

Bhabani Charan Bandyopadhyay (1787 – 20 February 1848) was a noted Indian journalist, author and an orator. He was adored for his deftness in speech. He was a conservative Hindu, who opposed Ram Mohan Roy in the abolition of Sati System. He was the founder of the Dharma Sabha.

Eran Pillar inscription of Bhanugupta

The first epigraphic evidence of Sati has been found from Eran Pillar Inscription of Bhanugupta, Madhya Pradesh. Some records suggest that the first example of Sati appears in the Gupta Period in 510 AD.

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According to whom the practice of Sati was not in accordance with the mandates of shastras?

(a) Ashoka.

(b) Lord Wellesley.

(c) Raja Ram Mohan Roy.

(d) None of the above.

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The first epigraphic evidence of Sati is found in which of the following inscriptions?

a) Eran Pillar inscription of Bhanugupta

b) Junagadh inscription of Rudradaman

c) Allahabad Pillar inscription of Samudragupta

d) Madhuban inscription of Harsha

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Ganga Action plan (GAP)

 Ganga Action plan (GAP) = Ganga Action Plan Overview

1. Ganga action plan was started in 1986 with the objective of pollution abatement from river Ganga.

2. GAP – Ganga Action Plan is a 100% centrally sponsored scheme. Under this plan, the National River Ganga basin authority was established and declared Ganga as a national river of India.

3. Ganga Action Plan was directed by Rajiv Gandhi. The authority is headed by the prime minister and chief ministers of all the states in which river Ganga flows.

4. GAP was divided into two phases. Phase-I started in 1985 and covered the then three states, Uttar Pradesh (UP), Bihar and West Bengal (WB).

5. Phase-II of GAP was launched in 1993, which covers seven states that include Uttarakhand, UP, Bihar, Jharkhand, West Bengal, Delhi and Haryana.

6. In the second phase, Ganga action plan was created for all these tributaries. The national river conservation plan was started under the same program for the 2nd phase.

7. It included tributaries of Ganga as well like Yamuna, Mahananda, Gomti, Damodar.

8. The Ministry of Environment and forests (MoEF) was made in charge of the overall design and implementation of GAP.

9. Central Ganga Authority (CGA) came into existence under the Environment Protection Act 1986, headed by the Prime Minister of India.

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The Water (Prevention & Control of Pollution) Act 1974

The Water (Prevention & Control of Pollution) Act is legislated in the year

A. 1972

B. 1974 è

C. 1984

D. 1986

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The main feature of the Water Act is the control of pollution through a permit or “consent administration” procedure.

Discharge of effluents into water bodies was only allowed by obtaining the consent of the State Board, within restrictions it poses.

Act covers the following aspects of regulating water resources in the country:

1. To prevent and control water pollution.

2. To maintain “wholesomeness” of water, i.e. to maintain the qualities of water so that its consumption and use by living organisms is not hampered.

3. To establish State Boards for prevention and control of pollution, which gets subsumed by the Air Act, passed in 1981.

4. To empower the Boards for prevention and control of pollution.

5. To provide penalties for breaking the rules of the provisions under this Act.

6. To establish state water testing laboratories and develop its protocols.

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Provisions for Central, State and Joint Boards have been made under

(a) The Water (Prevention and Control of Pollution) Act, 1974 è

(b) The Air (Prevention and Control of Pollution) Act, 1981

(c) The Environment (Protection) Act, 1986

(d) All of the above

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The Wildlife (Protection) Act, 1972

 The Wildlife (Protection) Act was enacted in the year :

(a) 1986 (b) 1974

(c) 1994 (d) 1972 è

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Objectives of wild life conservation

1. Protection of natural habitats of organisms through controlled exploita­tion.

2. Maintenance of rare species in protected areas such as national parks, santuries etc.,

3. Establishment of specific biosphere reserves for endangered plants and animals.

4. Protection of wild life through legislation such as banning hunting etc.,

5. Imposing specific restrictions on export of endangered plants and animals or their products.

6. Educating the public about the need to protect and preserve the environ­ment as a long range goal for the welfare of future generations.

Salient Features of Wildlife Protection Act

1. This Act provides for the protection of a listed species of animals, birds, and plants, and also for the establishment of a network of ecologically-important protected areas in the country.

2. The Act provides for the formation of wildlife advisory boards, wildlife wardens, specifies their powers and duties, etc.

3. It helped India become a party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

4. CITES is a multilateral treaty with the objective of protecting endangered animals and plants. It is also known as the Washington Convention and was adopted as a result of a meeting of IUCN members.

5. The Act prohibited the hunting of endangered species.

6. Scheduled animals are prohibited from being traded as per the Act’s provisions.

7. The Act provides for licenses for the sale, transfer, and possession of some wildlife species.

8. It provides for the establishment of wildlife sanctuaries, national parks, etc.

9. Its provisions paved the way for the formation of the Central Zoo Authority. This is the central body responsible for the oversight of zoos in India. It was established in 1992.

10. The Act created six schedules which gave varying degrees of protection to classes of flora and fauna.

11. Schedule I and Schedule II (Part II) get absolute protection, and offences under these schedules attract the maximum penalties.

12. The schedules also include species that may be hunted.

13. The National Board for Wildlife was constituted as a statutory organization under the provisions of this Act. This is an advisory board that offers advice to the central government on issues of wildlife conservation in India. It is also the apex body to review and approve all matters related to wildlife, projects of national parks, sanctuaries, etc. The chief function of the Board is to promote the conservation and development of wildlife and forests. It is chaired by the Prime Minister.

14. The Act also provided for the establishment of the National Tiger Conservation Authority. It is a statutory body of the Ministry of Environment, Forest and Climate Change with an overall supervisory and coordination part, performing capacities as given in the Act. Its mandate is to strengthen tiger conservation in India. It gives statutory authority to Project Tiger which was launched in 1973 and has put the endangered tiger on a guaranteed path of revival by protecting it from extinction.

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Oleum gas leak case 1986 = M C Mehta Vs Union of India

Which case resulted in the creation of the absolute liability principle?

A. Ryland v Fletcher

B. Oleum gas leak case 1986  è

C. Bhopal gas leak case

D. Vellore Citizens Welfare Forum v. Union of India

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The absolute liability principle:

The rule of absolute liability was evolved in the case of M.C. Mehta v Union of India. This was a very important landmark judgment that brought in a new rule in the history of the Indian Law. The rule held that where an enterprise is engaged in a hazardous or inherently dangerous activity and it harm results to anyone on account of an accident in the operation of such hazardous or inherently dangerous activity resulting, the enterprise is strictly and absolutely liable to compensate to all those who are affected by the accident.

What is Absolute Liability?

If an industry or enterprise is engaged in some inherently dangerous activity from which it is deriving commercial gain and that activity is capable of causing catastrophic damage then the industry officials are absolutely liable to pay compensation to the aggrieved parties. The industry cannot plead that all safety measures were taken care of by them and that there was negligence on their part. They will not be allowed any exceptions neither can they take up any defence like that of Act of God' or Act of Stranger'

In M.C. Mehta v Union of India, In the city of Delhi, there was severe leakage of oleum gas on the 4th and the 6th of December, 1985. This took place in one of the units of Shriram Foods and Fertilizers Industries belonging to the Delhi Cloth Mills Ltd. due to this, an advocate practicing in the Tis Hazari Court had died and many others were affected by the same. The action was brought through a writ petition by way of public interest litigation (PIL).

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Recently in which case, the rule of absolute liability was applied?

A. Visakhapatnam gas leak case: LG Polymers

B. M.C. Mehta vs. Union of India ===>

C. Naresh Dutt Tyagi v State of UP

D. Vellore Citizens Welfare Forum v. Union of India

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Indian Council for Enviro-legal Action Vs Union of India

 In which of the following did the court accept the precautionary principle along with the polluter pays principle as part of the legal system?

a. Vellore Citizens welfare forum vs Union of India

b. M.C.Mehta Vs Kamal Nath

c. Narmada Bachao Andolan Vs Union of India

d. Indian Council for Enviro-legal Action Vs Union of India è

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Indian Council for Enviro-legal Action Vs Union of India

In this case, the Principle of “Polluter Pays” was expressly implemented, as the Court ruled that, under Section 3 and Section 5 of the Environment (Protection) Act, 1986, the Court has the authority to undertake steps to put such a rule into effect. It was introduced under Principle 16 of the Rio Summit of 1992 which specified that the polluter must principally pay for the pollution charges.

There is also a debate about whether only a civil action against the polluter is satisfactory or whether there is a necessity to make the polluters criminally liable as well. The provisions of Sections 268 and 290 of the Indian Penal Code were already being utilized to declare the accused criminally responsible for public nuisance in relation to environmental disturbance, which was way before the adoption of the Stockholm Declaration in 1972. Following the Stockholm Declaration, the Water Pollution Prevention and Control Act of 1974, and the Air Pollution Prevention and Control Act of 1981 contain the provisions for the initiation of criminal proceedings against such polluters.

Basically, the court implemented the concept of polluters pay, which implies, as per the court, that if an activity carried out, is of a harmful nature, then the individuals conducting these very activities will be required to compensate to make up for the damage caused to any other person irrespective of whether appropriate precautionary measures were taken or not while carrying out such an activity.

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