Meaning of Environment

Vande Matram friends! The environment is one of the science topics. But the environment and its protection is our implied duty as human beings. So it is necessary to create some laws, rules, and regulations for the protection of this very basic thing for our better life. This series will discuss all the things related to environmental laws in India.

Meaning of Environment

The environment has been defined as that outer physical and biological system in which man and other organisms live as a whole. The human Human environment consists of both the physical environment and biological environment. The physical environment covers land, water, and air. The biological environment includes plants, animals, and other organisms.

The term environment has been derived from the term ‘environ’, which means ‘to surround’. Thus, etymologically environment means ‘surrounding conditions, circumstances affecting people’s lives’. The same meaning has been given in Collins Dictionary.

As per Section 2(a) of the Environmental Protection Act, 1986, ‘Environment’ includes Water, air, and land and the inter-relationship which exists among and between, water, air, land, human beings, other living creatures, plants, microorganisms, and property.

As per Section 2 (d) of the National Environmental Tribunal Act, 1995 ‘Environment’ includes water, air, and land and the inter-relationship which exist among and between water, air, land and human beings, other living creatures, plants, micro-organisms, and property. The definition is having similarities to that given in the Environmental Protection Act, 1986.

As per the statutory definition of environment given in the Environmental Protection Act, 1986 and in the National Environmental Tribunal Act, 1995; it is clear that humans are having interrelationships with water, air, land, other living creatures, plants, microorganisms, and property.

The environment includes the complex physical, chemical, and biological factors surrounding an organism or an ecological community. Such factors act and interact with various species and organisms to affect their form, growth, and survival.  From the above definitions, it is clear that the “Environment” comprises all entities, living and non-living, natural or man-made, external to oneself, and their interrelationships, which provide value to humankind.

An act in law

Vande Matram! This article is about General Clauses Act, 1897. This is the basis of the Interpretation of the statute.

(2) “act”, used with reference to an offence or a civil wrong, shall include a series of acts, and words which refer to acts done extend also to illegal omissions;

Short Q and A:

·         What do you mean by an ‘act’ in law?

o   As per the General Clauses Act, 1860 the meaning of the act is used with to an offence or a civil wrong.

·         What is included in ‘act’ when it is used in law?

o   An ‘act’ includes an offence or a civil wrong.

o   There may be a series of offences or civil wrongs included in the term ‘act’.

o   Also illegal omissions are included in the term ‘act’.

 

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Abetment

Vande Matram! This article is about General Clauses Act, 1897. This is the basis of the Interpretation of the statute.

Bare Act:

Let us read the general definition of 'abet' as per General Clauses Act, 1897:

GENERAL DEFINITIONS

¹[3. Definitions.—In this Act, and in all Central Acts and Regulations made after the commencement of this Act, unless there is anything repugnant in the subject or context,—

(1) “abet”, with its grammatical variations and cognate expressions, shall have the same meaning as in the Indian Penal Code (45 of 1860);

Thus Section 3(1) of the General Clauses Act, 1897 provides us that the term 'abet' shall be interpreted with its various grammatical variations and cognate expressions as per the meaning given in the Indian Penal Code (45 of 1860).

Meaning of “abet” as per Indian Penal Code:

Chapter 5 of IPC deals with offences relating to abetment.

Abetment basically means the action of instigating, encouraging or promoting a person into committing an offence. It can also mean aiding the offender while he is committing a crime.

The definition of abetment under Section 107, IPC requires a person to abet the commission of an offence.

Short Q and A:

·         What is the extent of definitions given in the General Clauses Act, 1897?

o   Definitions given in the General Clauses Act, 1897 is having extent to all Central Acts and Regulations made after the enactment of this Act.

·         What is the meaning of ‘abet’ in the General Clauses Act, 1897?

o   In the purview of the General Clauses Act, 1897 the meaning of abet with all its all grammatical variations and cognate expressions, shall have the same meaning as in the Indian Penal Code, 1860.

·         What is the meaning of ‘abet’?

o   The term ‘abet’ is a verb having meaning ‘encourage or assist (someone) to do something wrong, in particular, to commit a crime and encourage or assist someone to commit (a crime)’.

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THE GENERAL CLAUSES ACT, 1897

Vande Matram! This article is about General Clauses Act, 1897.

Relevant Part of Bare Act:

THE GENERAL CLAUSES ACT, 1897

ACT NO. 10 OF 1897¹

 [11th March, 1897.]

An Act to consolidate and extend the General Clauses Act, 1868 and 1887.

WHEREAS it is expedient to consolidate and extend the General Clauses Acts, 1868 (1 of 1868) and 1887 (1 of 1887); it is hereby enacted as follows:—

PRELIMINARY

1. Short title.—(1) This Act may be called the General Clauses Act, 1897;

²***

³* * * * *

Footnotes:

1. For Report of the Select Committee, see Gazette of India, Pt. V, p.77, and for Proceedings in Council see Gazette of India, Pt.VI, pp. 35, 40, 56 and 76.

This Act has been declared to be in force in the Santhal Parganas by the Santhal Parganas Settlement Regulation, 1872 (3 of 1872), s. 3; in Panth Piploda by the Panth Piploda Laws Regulation, 1929 (1 of 1929), s. 2; in Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 1936), s. 3 and the Schedule; and in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), s. 3 and the Schedule The Act has been partially extended to Berar by the Berar Laws Act, 1941 (4 of 1941) and to the new Provinces and Merged States by the Merged States (Laws) Act, 1949 (59 of 1949).

The Act has been extended to—

Goa, Daman and Diu with modifications by Regulation 12 of 1962, s. 3 and the Schedule;

Dadra and Nagar Haveli by Regulation 6 of 1963, s. 2 and the First Schedule;

Pondicherry by Regulation 7 of 1963, s. 3 and the First Schedule; and

Laccadive, Minicoy and Amindivi Islands by Regulation 8 of 1965, s. 3 and Schedule

It has been amended in Assam by the Assam Commissioners’ Powers Distribution Act, 1939 (Assam Act 1 of 1939).

2. The word “and” rep. by Act 10 of 1914, s. 3 and the Second Schedule.

3. Sub-section (2) rep. by s. 3 and the Second Schedule, ibid.

2. [Repeal.] Rep by the Repealing and Amending Act, 1903 (1 of 1903), s. 4 and the Third Schedule.

Short Q and A

·         What is the purpose of the General Clauses Act, 1897?

o   The General Clauses Act is to consolidate General Clauses Act, 1868 and 1887.

·         Is General Clauses Act, 1897 colonial law? Who enacted this Act in India?

o   These both are colonial laws and General Clauses Act, 1897 is colonial law enacted in the territory of India under British Rule and is still enacted in India.

 

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Article 300. Suits and proceedings

Vande Matram!

300. Suits and proceedings

(1) The Governor of India may sue or be sued by the name of the Union and the Government of a State may sue or be sued by the name of the State and may, subject to any provisions which may be made by Act of Parliament or of the Legislature of such State enacted by virtue of powers conferred by this Constitution, sue or be sued in relation to their respective affairs in the like cases as the Dominion of India and the corresponding Provinces or the corresponding Indian States might have sued or been sued if this Constitution had not been enacted

(2) If at the commencement of this Constitution

(a) any legal proceedings are pending to which the Dominion of India is a party, the Union of India shall be deemed to be substituted for the Dominion in those proceedings; and

(b) any legal proceedings are pending to which a Province or an Indian State is a party, the corresponding State shall be deemed to be substituted for the Province or the Indian State in those proceedings

Notes:

As per the 1st report of the Law Commission of India on 'Liability of State in tort', the liability of the Union and States to be sued is regulated by Article 300 of the Constitution of India.

References:

1) 1st report of the Law Commission of India on 'Liability of State in tort'

2) Constitution of India, 1949

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Short Q and A on Public International Law: Part 15

Vande Matram!

These are some one-liner notes on Public International Law. Read them carefully and note them for your knowledge.

Short Q and A on Public International Law: Part 15

·         What is membership of UN status of newly formed state by separation?

o   When a new state is formed by separation from a member of United Nations then the new state couldn’t claim the status of a member of the U.N. unless it has been formally admitted as such in conformity with the provisions of the Charter.

·         What is universal succession or continuity theory of state succession?

o   Under the universal succession or the continuity theory, rights and duties may still pass to States that have lost extensive portions of their territories and/or have undergone radical changes in government as long as they are considered to have inherited the essential legal identity of the former member.

·         What is legal status of the universal successor?

o   The universal successor assumes the whole of the legal clothing of the person to whom he succeeds; steps, as it were, into his shoes. He takes over his rights and liabilities of every kind; his property (res singulae) and iura in re aliena, the debts and other obligations (such as rights of action for damages for breach of contract) owing to him, and the debts and obligations which he owes

·         What is succession of International persons?

o   Oppenheim has stated that a succession of international persons occurs when one or more international persons takes the place of another international person, in consequence of certain changes in the latter’s condition.

·         What is meant by ‘date of the succession of States’?

o   The Vienna Conventions simply state: 'date of the succession of States' means the date upon which the successor State replaced the predecessor State in the responsibility for the international relations of the territory to which the succession of States relates.

·         Which issues must be addressed in a state succession?

o   succession of governments, particularly revolutionary succession, and consequential patterns of recognition and responsibility.

·         What is general principle of riparian?

o   Under the riparian principle, all landowners whose properties adjoin a body of water have the right to make reasonable use of it as it flows through or over their properties.

·         What are the riparian rights?

o   The riparian rights include

§  right to access for swimming, boating and fishing;

§  the right to wharf out to a point of navigability;

§  the right to erect structures such as docks, piers, and boat lifts;

§  the right to use the water for domestic purposes;

§  the right to accretions caused by water level fluctuations;

§  the right to exclusive use if the water-body is non-navigable.

·         How riparian rights are enforced?

o   Riparian rights are dependent on the fact of ‘reasonable use’ and enforcement of riparian rights depends upon riparian owners to ensure that the rights of one riparian owner are weighed fairly and equitably with the rights of adjacent riparian owners.

·         What is a riparian nation?

o   nation across which, or along which, a river flows

·         Which convention governs riparian law?

o   United Nations Convention on the Non-Navigational Uses of International Watercourses (UN Convention). Approved on May 21 1997

·         What is equitable utilization of watercourse?

o   Article 5 requires watercourse nations to utilize an international watercourse in an equitable and reasonable manner with a view to attaining optimal and sustainable utilization and benefits consistent with adequate protection in the watercourse. This is equitable utilization of water course.

 

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Short Q and A on Public International Law: Part 14

Vande Matram!

These are some one-liner notes on Public International Law. Read them carefully and note them for your knowledge.

Short Q and A on Public International Law: Part 14

·         What are the methods of resolving any dispute by Security Council?

o   Security Council implements following methods for resolving any dispute:

§  explores the possibility of a peaceful resolution

§  International peacekeeping forces may be authorized to keep warring parties apart pending further negotiations

§  If the council finds that there is a real threat to the peace, a breach of the peace, or an act of aggression it may call upon UN members to apply diplomatic or economic sanctions.

§  If these methods prove inadequate, the UN Charter allows the Security Council to take military action against the offending nation.

·         Which convention governs succession of state?

o   Vienna Convention on Succession of States in Respect of Treaties, 1978 in short 1978 Vienna Convention

o   Vienna Convention on Succession of States in Respect of State Property Archives and Debts, 1983 in short 1983 Vienna Convention

·         What is definition of State Succession?

o   Article 2 (1)(b) of 1978 Vienna Convention defines state succession as “the replacement of one state by another in the responsibility for the international relations of territory”

·         What are the possible occurrences of state succession?

o   decolonization, unification, and separation

·         What is decolonization?

o   Decolonization is the accession to independence of a nonmetropolitan territory. E.g. Independence of India

·         What is unification?

o   Unification of states is the merger of two or more states into a new entity.

·         What is absorption?

o   In unification of states the predecessor states usually disappear; if not, one of them continues to exist and the case is referred to as absorption.

·         What is separation of state?

o   Separation is the creation of the successor state(s) while the predecessor state continues to exist. E.g. India-Pakistan partition

·         What is dismemberment?

o   Dismemberment is akin to separation, but all states disappear and two or more states are created.

·         What is the main agenda of 1983 Vienna Convention?

o   It deals with three topics—Debts, State Property, and Archives—and expressly reserves the application of international agreements regarding debts.

·         What are the four categorical headings of dealing in state succession?

o   As per International Law Commission State Succession can be dealt under these four categorical headings:

§  Treaties

§  State property, State debt and State archives

§  Membership to international Organizations

§  State succession and its impact on the nationality of natural and legal persons

·         Which conventions provides for status of treaties in state succession?

o   Vienna Convention on Succession of States in Respect of Treaties, 1978 also called Vienna I

·         Which conventions provides for bifurcation of state properties, debt and archives in state succession?#

o   the Vienna Convention on Succession of States in Respect of State Property Archives and Debts, 1983 also called Vienna II

·         What is tabula rasa or clean state doctrine?

o   The option of simply denying State succession to treaties, known as the tabula rasa or clean slate doctrine

 

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