ISSN : 2455 0965 “The environment is where we all meet; Lex Terra where all have a mutual interest; it is the one News Updates on Environmental Law thing all of us share.” I S S U E 1 6 16 APRIL 2016 —Lady Bird Johnson INSIDE THE ISSUE About CELAR Page 2 “Lex Terra is an initiative by the MESSAGE FROM LEX TERRA Page 2 members of Centre ART OF LIVING’S WORLD CULTURAL Page 3-9 for Environmental ART OF LIVING’S WORLD CULTURAL Law, Advocay and FESTIVAL 2016: AN ECOLOGICAL Research(CELAR) of DISASTER National Law -Pallavi Tiwari & Rahul Khare University. Through Lex Terra, we are ECO-TOURISM AND ITS LEGAL Page 10-15 making an effort to IMPLICATIONS put forward the - Ayushi Dwivedi v a r i o u s f a c e t s related to Page 16– 24 Environment from IMPACT OF WATER POLLUTION: RIGHT Page 16– 24 different sources TO HEALTH PERSPECTIVE which is published - Dr. Sharif Uddin every fortnight ENVIRONMENT LAWS AND THEIR Page 25–28 among the society so IMPLEMENTATION IN INDIA that a community of - Akanksha Arya environmentally conscious people EVER KNEW THAT YOU HAD A Page 29-31 emerge out of the ‘FREEDOM TO ROAM’? legal and non-legal Message fromManjeri the Centre Subin Sunder Head Raj fraternity. ENVIRONMENTAL ISSUES IN INDIA AND Page 32-36 Each edition of Lex VARIOUS LAWS REGARDING THEM Terra highlights - Shreya Chaurasia some noteworthy eco-news, both at RISING CONCERNS: AN INTRODUCTION Page 37-41 global as well as TO ‘SOUTH-SOUTH’ CONFLICT & national arena. THE SEA LEVEL RISE This newsletter is Edited by: Sweden- DoleySumangal , Akanchha Rajkonwar Srivastava & Lidia extensively Kharmih prepared by the members and Designed by: Sucheta Ray researchers of CELAR, the members of NLUA. Disclaimer: The views expressed by the author/s in the newsletter are their personal and does not necessarily reflect the views of the National Law University, Assam Photo courtesy: Pushpanjali Medhi L E X T E R R A P A G E 2 I S S U E 1 6 periodically, newsletters and About CELAR scientifically sound legislative journals. proposals. The primary mission of Centre for The objectives of the CELAR are as Organise training programmes Environmental Law, Advocacy amd follows: Research (CELAR) of National Law for strengthening the legal To inspire and educate University, Assam is to engage in capacity building on students by providing hand-on advocacy and research on public environmental laws doe civil advocacy experience and interest environmental issues. For servants, law enforcement direct exposure to the issues. the purpose, it will organize authorities, non-governmental workshops and seminars to educate Strengthen access to justice by organizations and media and develop skills, convene undertaking high quality personnel. conferences to promote exchange of multi– disciplinary research on Publish periodically journals and ideas, conduct training programmes contemporary legal issues newsletters on environmental for capacity building in environmental pertaining to environment. law. law issues, undertake research on Advocate for reforms in — Professor (Dr.) Yugal Kishore, legal concerns and publish environmental law through Centre Head, CELAR Message from Team Lex Terra Dear Readers, Based on our publication's impact factor as well It is with much joy and anticipation that we as some requests and suggestions by present to you the sixteenth issue of academicians from other law schools, we now CELAR’s fortnightly newsletter, Lex Terra. share our publication with all law schools, ad- ministrators along with a pool of We congratulate the team for its eminent environmental activists, researchers and continuous and praiseworthy collective efforts. lawyers in India and overseas. We are also ac- cepting short articles for publication . The team of Lex Terra wishes to thank all of So if you are willing to be part of this ven- those who supported this initiative. We would ture, kindly contribute. like to express out gratitude to our respected Our issues goes online every 1st and 16th of Vice– Chancellor, Prof. (Dr.) Vijender Kumar each month. for his continuous support and timely inputs. Please keep pouring down your support and We would like to thank Prof. (Dr.) Yugal concern for mother nature. Kishore, the Centre Head of CELAR for his help and encouragement. We would like to Thank you! thank Mr. Chiradeep Basak, Centre Co- ordinator of CELAR, who has been a source of inspiration from the outset, along-side his Happy Reading! unrelenting contribution to all phases of the job, from planning, to setting clear goals and appraising the outcome. Lastly, we would also like to extend our gratitude to our faculty advisors, Ms. Shannu Narayan and Mr. Nayan Jyoti Pathak for their ideas and relentless support. L E X T E R R A P A G E 3 I S S U E 1 6 ART OF LIVING’S WORLD CULTURAL FESTIVAL 2016: AN ECOLOGICAL DISASTER Pallavi Tiwari, 2nd Year Rahul Khare, 3rd Year Dr. Ram Manohar Lohiya National Law University, Lucknow venue. The main question to be answered is that A gigantic fiesta came up on the Yamuna floodplains where is the “art” in living like this? in Delhi, over a few days, which was unheeded by Where is the ‘Art’ in living like this? the Union Government. Impermanent bridges de- Many of the farmers have been told to shift and veloped by the army for the big festival and bull- their crops have been destroyed by mowing them dozer running over the crops attracted the atten- down with bulldozers. The farmers even say that tion of National Green Tribunal which brought the the land will take months to be available for culti- Art of Living Foundation’s World Cultural Festival, vation. The organisers have also forced the army which began on 11th March, under controversy. to build five bridges to ingress the festival site in- The festival, which according to the organisers will stead they needed just two. The event has at- welcome 35 lakh visitors, is reckoned to create a tracted sharp condemnation from environmental great impact on the fragile Yamuna ecosystem. This activists and organisations because of the depre- damage was ignored by the Delhi Development Au- ciation it might cause to the Yamuna Floodplains. thority, and the Delhi Pollution Control Committee Several tents, bridges are being built and debris was unaware about the construction detritus and and waste is accumulated. Vegetation is de- waste which would be the leftovers of the congre- stroyed and entire floodplain is made unavailable gation. The Water Resources Ministry which is for cultivation. The four-member committee of obliged to protect the Yamuna had no say whereas the NGT led by Shashi Shekhar has found these the environment and forest department told NGT problems with the event. This is expected to that the big event, which was actually an ecological pose long term damage to river Yamuna by disaster, was not at all harmful to the environment blocking it. The floodplains would be destroyed and needed no attention. All the agencies and the to a great extent and the natural life in that eco- Art of Living were rightly accused by NGT but later system will perish or move out. it was permitted by the tribunal on the condition According to Sri Sri Ravi Shankar “everything is that the organisers would pay an initial fine of Rs. 5 fine, but not the fine” and he is ready to go to the crore and they should rectify the harm caused with jail. The question which arises here is why Art of by the construction of a biodiversity park at the Living’s birth anniversary is considered to be a L E X T E R R A P A G E 4 I S S U E 1 6 national event. Is this the purpose of Art of Liv- This amount would be paid by the Foundation ing as it claims for a “Holistic Vision” wherein prior to the commencement of the event and they aim to transform societies for good? The would be adjusted towards the final compensation irony here is that the society instead of being determined to be paid by the Foundation for res- transformed for good is harmed and the source toration work. Source of water, collection and dis- of livelihood for the farmers on the Yamuna posal of the Municipal Solid Waste and sewerage Floodplains is being devastated. generated during the event and no further envi- It is the consistent view of the Experts and is ronmental degradation or adverse impact on pub- sufficiently evident from the documents placed lic health source of water and source of power on record that the flood plains have been dras- and its utilization thereof are the issues that would tically tampered with while destroying the natu- be treated as directions issued under Section 33A ral flow of the river, reeds, grasses, natural of the Water Act and Section 6 of the Environ- vegetation on the river bed. It has further dis- mental (Protection) Act, 1986 and would be bind- turbed the aquatic life of the river and de- ing upon the Foundation and all public authorities stroyed water bodies and wet lands on the involved in the case. flood plains, which were in existence, as noticed Cultural activity could be recreational but the en- in the case of Manoj Misra vs. Union of India and tire construction of ramps, roads, accumulation of Ors.,. They had also constructed ramps, roads, debris, alteration of the natural topography and compaction of earth, pontoon bridges and other removal of natural vegetation from the flood semi-permanent or temporary structures etc. plains, cannot be said to be recreational.