विधिज्ञ...vidhijna 2018-2019 3 vpm's tmc law college from the principal’s...

विधिज्ञ

Vidhijna 2018-2019

VIDYA PRASARAK MANDAL’S THANE MUNICIPAL COUNCIL’S LAW COLLEGE,

THANE 'Jnanadweepa', College Campus, Chendani Bunder Road, Thane - 400 601(MS), India

Tel : 91 22 2536 4194 Email: [email protected]

URL: www.vpmthane.org

Affiliated to Mumbai University

Recognised by Bar Council of India

Accredited by NAAC

VIDHIJNA 2018-2019

1 VPM's TMC Law College

विधिज्ञ

Vidhijna 2018-2019

VIDYA PRASARAK MANDAL’S THANE MUNICIPAL COUNCIL’S LAW

COLLEGE, THANE 'Jnanadweepa', College Campus, Chendani Bunder Road, Thane - 400 601(MS), India

Tel : 91 22 2536 4194 Email :[email protected] URL: www.vpmthane.org

Affiliated to Mumbai University

Recognised by Bar Council of India

Accredited by NAAC

________________

VIDHIJNA 2018-2019


VPM’s TMC Law College, Thane

Content

1. From the Principal’s desk…. 3

2. Staff and Various Bodies 4-5

3. Students’ Council 2018-2019 6

4. Student Strength 2018–2019 7

5. Library Report 2018-2019 8

6. Legal Aid Report 2018-2019 9

7. Special Lecture and Workshop 10-11

8. Participation of our students in Competitions 12

9. Student Visits 13-14

10. Functions and Programme 15-22

11. Photo Session of the Final Year Students 23

12. VPM’s TMC Law College Toppers April, 2019 24

13. Academic Prizes 2017 – 2018 24-25

14. Exams Timetable 26-30

15. Special Marathi Lecture 31

16. Staff News 32-33

17. Accomplishment of Sustainable Development 34-40

for a Green Earth – A study of the role of

law in India

VIDHIJNA 2018-2019


From the Principal’s desk….

I am extremely delighted to present to you Vidhijina 2018–2019. I express

my sincere thanks to all my colleagues for standing with me in all times of

the academic year. 2018–2019 final year batch is the first batch after CET

has been introduced by Government of Maharashtra for Common Admission

process through the CET cell. Our best wishes to the students!

All the important activities, events and celebrations of the academic year

have been captured in words & in photographs! Vidhijina 2018–2019 will

be an important record in the journey of the college.

The academic year 2019–2020 has started. It is offering us huge

opportunities to grow and contribute. Let us resolve to make the year more

meaningful, successful and ever memorable.

मैत्रीं भजतअखिलहृज्जेत्रम:्

Let us conquer the hearts of everyone with friendship!!

Dr. Srividhya Jayakumar

In-Charge Principal

VIDHIJNA 2018-2019


Staff and Various Bodies

College Development Committee

Dr. Vijay V. Bedekar

Shri. J.N. Kayal

Shri. Uttam B. Joshi

Adv. Sanjeev Gorwadkar

Mrs. Srividhya Jayakumar

Adv. Ramchandra S. Apte

Mr. Vinod H. Wagh

Adv. Mrs. Madhavi Naik

Smt. Sheetal D. Autade

Smt. Ranjan A. Karandikar

Student Council G.S. - Nil

List of Faculty

1. Dr. Mrs. Srividhya Jayakumar – In-charge Principal

2. Mr. Vinod H. Wagh – Full Time Faculty

Full Time Faculty on Contract Basis(VPM Roll)

3. Ms. Hetal Meisheri

4. Ms. Rupali Yeranaes

5. Mrs. Preeti Gopu Nair

Visiting Faculty(VPM Roll)

6. Mr. S.M. Payak

7. Ms. Manisha A.Wagh

8. Mr. Sukhram Z. Bisen

9. Dr. Mrs. Rajshree Gandhi

10. Adv. Mr. Arun R. Gaikwad

11. Mrs. A.A. Datar

12. Dr. Mr. Mahesh Barve

13. Mr. A.M. Jalisatgi

14. Dr. Mr. Mithun Bansode

15. Dr. Mrs. Sangeeta Mehta

16. Mr. Manoj Bhatt

17. Mr. Yatin Pandit

VIDHIJNA 2018-2019


Administrative Staff

Mrs. R.A. Karandikar, Office Superintended

Mr. M.R. Rane, Junior Clerk

Mr. Santosh Borgare, Clerk (VPM Roll)

Mr. P.S. Jadhav, Clerk (VPM Roll)

Mr. Rameshwar Chavan, Clerk (VPM Roll)

Mr. Rakesh R. Pathare, Peon

Mr. Sachin P. Tribhuvan, Peon

Mrs. Asha Pathare, Peon (VPM Roll)

Housekeeping Staff

Sangita Pawar (VPM Roll)

Library Staff

Ms. Sheetal Autade, Librarian

Ms. Sampada Sathe, Library Clerk

(VPM Roll)

Mr. Santosh Zugare, Library Attendant

Admission Committee

Mrs. Srividhya Jayakumar (Chairman)

Mr. Vinod H. Wagh (Member)

Mrs. Sheetal Autade (Member)

Ms. Hetal Misheri (Member)

Mrs. Ranjan Karandikar

Mr. Mukesh Rane

Attendance Committee

Mrs. Srividhya Jayakumar – Chairman (In-charge Principal)

Mr. Vinod H. Wagh – Member (Asst. Professor Fulltime)

Ms. Hetal Misheri – Member (Asst. Professor on VPM Roll)

Ms. Sampada R. Sathe – Member (Library Assistant)

Internal Complaints Cell

Mrs. Srividhya Jayakumar, In-charge Principal (Presiding Officer)

Ms. Hetal Meisheri, Lecturer (Member)

Mr. Manoj J. Bhatt, Lecturer (Member)

Dr. Swati Gadgil, President Dombivali Women’s Welfare Society, Dombivali (NGO

Member)

Practical Training Committee

Dr. Mrs. Srividhya Jayakumar

Mr. Vinod H. Wagh

Mr. S. M. Payak

VIDHIJNA 2018-2019


Students’ Council 2018-2019

Dr. Srividhya Jayakumar, Chairperson Mr. Vonod H. Wagh, Teacher Nominee

Mr.Ankit Dhindale, General Secretary&

Sports Representative Mr. Sham Thakur, Cultural Representative

Mr.Balajee N, IIIYear Representative Ms. Neethi Pillai, II Year Representative

Ms. Bisma Mulla, I year Representative

VIDHIJNA 2018-2019


Student Strength 2018–2019

Class Schedu

led

castes

includi

ng

NavBu

dhas

Schedu

led

Tribes

Denotif

ied

Tribes

Nomad

ic

Tribes

VJ VJNT Other

Backw

ard

Class

Special

Backw

ard

Class

Non

Backw

ard

Classes

Studen

ts

Grand Total

M W M W M W M W M W M W M W M W M W M W T

F.Y.

LL.B. 29 12 06 03 01 00 06 02 02 00 04 00 23 15 00 01 77 59 148 92 240

S.Y.

LL.B. 10 06 05 04 01 00 06 00 01 01 03 01 14 14 00 00 60 42 100 68 168

T.Y.

LL.B. 18 08 03 02 01 00 08 02 00 00 04 00 12 12 03 00 66 57 115 81 196

363 241 604

No. of Students 240/240

No. Of Students 168/300

No. Of Students 196/300

Students intake 2018-19

Total strength : 604/840

Term Arrangement for 2018-2019 From To

First Term 2nd

July, 2018 16th

December, 2018

Second Term 2nd

January, 2019 17th

May, 2019

Mid Term Break 13th

September, 2018 17th

September, 2018

Diwali Vacation 31st

October, 2018 11th

November, 2018

Term Break 17th

December, 2018 1st

January, 2019

Lectures for II year LL.B. and III year LL.B. started on 7thAugust, 2018

I Year LL.B. Admissions

Common Admission process for I LL.B. through Maharashtra CET Cell got completed on 5th

November, 2018 and the classes commenced on 11th November, 2018 after Diwali vacation.

All our 240 seats were filled.

VIDHIJNA 2018-2019


Library Report 2018-2019

A book is a link between the past and the future. It is a bridge between generations and across cultures. It is a force

for creating and sharing wisdom and knowledge.

-UNESCO

Like every year this year also we have also added books to our Library collection. Details of

Library collection as follows:

Collection:

Prior

Books Journals Bound Volumes CD

24622 21 3014 41

Additions 115 1 98 00

Total 24737 22 3112 41

Book Bank Service:

No. of Sets available No. of students who availed

F.Y.LLB 21 14

S.Y.LLB 23 10

T.Y.LLB 18 06

Best Reader Award:

Best Reader Award for year 2018-19 has been won by following students:

Ms. Pooja Prajapati First Year LL.B

Mr. Jayesh Patil Second Year LL.B

Mr. Hemant Varekar Third Year LL.B

Users:

All the students and staff of the college are entitled to be a member of the Library apart from

that we also offer membership to outsiders.

Ms. Sheetal Autade

Librarian

VIDHIJNA 2018-2019


Legal Aid Report 2018-2019

VPM’s TMC Law College is running Legal Aid Cell for poor and needy people. The Cell is

open on every Friday and Saturday 4 to 6. This cell helps the poor and needy people about

their legal issues. The cell is functioning according to the Legal Services Authority Act, 1987

mandate. We also worked under the instruction of District Legal Services Authority, Thane.

In past also our students participated in many awareness program of DLSA and also on our

own we have arranged and organized the legal awareness camps, Legal literacy camps, legal

awareness lecture in schools and colleges. In last academic, i.e. 2018-2019 several people

have approached our cell for seeking legal advice; most of them had domestic issues.

Our students have performed a small skit on the occasion of lecture on anti-ragging law

arranged by DLSA, Thane and delivered by Secretary, DLSA Mr. Deshpande in our college.

The centre has its own limitation that it cannot go beyond giving advice and suggesting

appropriate remedies to the poor and needy people. For the next academic year the centre will

undertake more activities with the object to provide legal help and legal awareness.

VPM's TMC Law College, Thane got selected for grant of Rs. 2 Lakh for starting Legal Aid

Clinic to implement the different activities as per the decision of Maharashtra State Legal

Services Authority (MSLSA) dated 25th June 2019. Our college is one of the 100 Law

Colleges selected in India.

The College is already having Legal Aid Cell and it’s undertaking many activities such as

Legal literacy, Legal awareness, street play, free legal advice... The MSLSA and Thane

District Legal Services Authority appreciated our work. The support of In-Charge Principal

Dr. Mrs. Srividhya Jayakumar for different activities also encourages participants’ students.

The VPM’s Management also supported us a lot.

VPM’S TMC LAW COLLEGE, THANE

LEGAL AID CELL

FREE LEGAL COUNSELLING ANDASSISTANCE WILL BE PROVIDEDTO THE

POOR AND NEEDYFROM JANUARY 6TH, 2012

Day & Timing

Fridays & Saturdays, 4:00 pm To 6:00 pm

Venue

Bldg. No. 2, College Campus, L–6, First Floor

Contact

022-25364194 / 022-25446552

VIDHIJNA 2018-2019


Special Lecture and Workshop

The following special lectures were held:

13th October, 2018 Drafting of PIL by Adv. Bharat Khanna

17th November, 2018 Demo on Moot Court by final year student.

8th December, 2018 Domestic Violence Act – Prof. RupaliYeranaes

15th December, 2018 Practice Prospects in IPR by Adv. Mr. Nitin Upadhyay

(Sunday) 13th January Adv. Mr. Rajeev Chavan , Mumbai High Court – “Lessons for

Young Lawyers.”

Dr. Rashmi Oza, Professor University of Mumbai – “Human Rights in India: Law and

Practice.”

24th January, Workshop on Career development “Career Opportunities for Youth in

Politics.”

2nd March ‘’आमच्या मराठी भाषेचर समृद्िर’’ by Dr. Mr. Prashant Dharmadhikari Asst. Prof.

VPM’s Joshi -Bedekar College, Thane

27thMarch Anti-ragging Law by Adv. Raj Nalge on behalf of Thane District Legal

Services Authority

Adv. Prabhakar Hegde Lecture Series

Vidhi Foundation and VPM’s TMC Law College joined hands and organized Adv.Prabhakar

Hegde Lecture Series in the College Manu Sabhagruha. Two lectures by eminent

personalities were delivered to an audience of lawyers and future lawyers who filled the hall

to its full capacity. A few students of Anand Vishwa Gurukul and MH Law College also were

present.

Senior Counsel Mr. Rajeev Chavan (Mumbai HC) addressed on “Lessons for Young

Lawyers”. Professor Department of Law Dr. Rashmi Oza addressed on Human Rights in

India: Law and Practice. Students were enthralled by the lectures and thanked profusely for

the valuable information and guidance.

The programme started at 9.30 am with law student’s interaction with lawyers from Thane

bar. Students enthusiastically participated. The questions shot by them were admirably

answered with a view to guide the students and prepare them for the challenges of law

VIDHIJNA 2018-2019


practice.

Life time achievement awards were given to two senior advocates – Mr. Ved Pathak (did his

schooling in Bedekar Vidya Mandir) and Mr. Balan. Many senior advocates like Mr. Pramod

Patil (Ex-Chairman of Bar Council of Maharashtra and Goa), Mr. Prakash Bhosle President

of Thane Bar Association, Mr. Bhatia, Mrs. Sunitha Kaprekar, etc. graced the occasion.

An emerging advocate award was given. Our student topper in final year practical’s Ms.

Momin Sara was awarded young student advocate award. Following three persons were

felicitated for achieving doctoral degree in law: Dr. Mrs. Srividhya Jayakumar, Dr. Mrs.

Ashvini Avinash Naik, and Dr. Mr. Tribhuvan Prasannajit.

The programme was presided over by Honourable District and Sessions Judge Shri

Patwardan. Vidhi Foundation is formed by alumni of our college.

Professor Department of Law Dr. Rashmi Oza Senior Counsel Mr. Rajeev Chavan

_____________________

“Our Legal system subscribes to the principle of open justice. The prayer for live

streaming of courtroom proceedings has its genesis in this principle. Live streaming will allow real time access to courtroom proceedings to litigants and to every member of the society.”

– A. M. Khanwilkar, J. in Swapnil Tripathi v. Supreme Court of India, (2018) 10 SCC 639, para 60

VIDHIJNA 2018-2019


Participation of our Students in Competitions Prizes won by students in Intercollegiate Competitions

G.J. Advani Law College, Bandra,

Mumbai

National

Moot

Mr. Pratik Tungare

Mr. Madhusudan Shetty

Winner

Judgment

Writing

Mr. N. Balajee

Ms. Steffi Alwa

Winner

Letter to CJI Mr. Abhishek Hegde


Winner

Vivekanand Education Society's

College of Law, Chembur,

Mumbai

Bollywood

Moot

Mr.Akshat Shrawat

Ms.Pradnya Sanas

Ms.Preeti Kamble

Ms. Nikita Patode

Ms. Steffi Alwa

Winner

K. C. Law College, Churchgate,

Mumbai

Letter To

CJI

Ms. Rita Utekar

Ms.Neeti Pillai

Winner

KLE Society's Law College,

Kalamboli

National

Debate


Mr. Balaji N.

Runner up

Shri Shivaji Maratha Society's Law

College - [SSMSLC], Pune,

Maharashtra

St. level

Moot

Mr. Ankit Dindale

Mrs. Jagpreet Chandhok

Ms. Vyoma Rao

Winner

of Best

Advocates

Award

Nari Gursahani Law College,

Ulhasnagar

St. level

Moot

Ms. Neeti Pillai

Ms. Steffi Alwa

Ms. Fatima Marfatiya

Runner up

Dr. V. N. Bedekar Memorial Legal

Debate Competition, VPM TMC

Law College, Thane

University

Level


Ms. Palak Gupta

First Best

Speaker Award

Veer Savarkar File your PIL

Competition, VPM TMC Law

College, Thane

University

Level

Mr. Pratik Tungare

Mr. Saurab Rao

First Best

Mooter Award

Our students also participated in J. C. Law Fest, Anurag Competitions of New Law College

and GLC Tax Moot. Our students Ms. Sukanya Pradhan, Mr. Akshat Shrawat and Pradnya

Sanas participated in Shoolini University Moot Court, Himachal Pradesh. In K. C. College

Moot our students Ms. Sukanya Pradhan, Ms. Neethi Pillai and Tejal Nemlekar participated.

VIDHIJNA 2018-2019


Student Visits

Security Exchange Board of India

On 3rd December, 2018 a batch of our students visited SEBI with our faculty members Mr.

Sukram Bisen, Mr. Yatin Pandit and Dr. Mrs. Rajashree Gandhi. It was a very great

experience for our students.

Delhi Education Tour

Delhi Education Tour Report 2ndFebruary to 11thFebruary, 2019 (43 students and 3

Teachers): VPM’s TMC Law College had organized an educational visit to Delhi between 2nd

February &8thFebruary, 2019. 40 students from 2ndand 3rdyear LLB went for this educational

tour and they were accompanied by three teachers, Prof. Rupali Yeranaes, Prof. Yatin Pandit,

and Prof. Sukhram Bisen.

VIDHIJNA 2018-2019


The trip included visit to Honorable Supreme Court of India where students witnessed the

proceedings. The Advocate on record of Supreme Court Mr. Snehasish Mukherjee interacted

with students explaining them the procedure of Supreme Court.

The visit to Parliament of India was an exciting democratic feel for students. The Director of

Bureau of Parliamentary Studies addressed the students pertaining to working of Parliament.

Visit to National Human Rights Commission and Delhi Judicial Academy was another great

experience. Directors and other authorities is reputed Institutions interacted with our students.

Apart from these educational visits the tour also included visit to some historical important

places like: RashtrapatiBhavan, India Gate, Qutub Minar, Indira Gandhi Memorial, Rajghat,

Red Fort at Delhi and Jalianwala Bagh, Attari (Wagah) Border and Golden Temple at

Amritsar, Punjab

Pune MIT World Peace University

Our student Mr. Ravi Sopan Deshmukh participated in the 9th Bhartiya Chatra Sansad held

during 18 – 20 January, 2019 in Pune organized by MIT World Peace University, Pune

ChatraSansad

__________________

“Our Constitution above all, is an essay in the acceptance of diversity. It is founded on a

vision of an inclusive society which accommodates plural ways of life.”

– D.Y. Chandrachud, J. in Navtej Singh Johar v Union of India, (2018) 10

SCC 1, para 610

VIDHIJNA 2018-2019


Functions and Programme

Degree Distribution Function

Degree distribution function took place in two sessions on 11thFebruary, 2019. In the morning

session, the VPM Chairman Dr. Vijay Bedekar, personally distributed the degree certificates

to the students of the college, along with students of other VPM colleges as well. The rank

holders of final year LL B were awarded their medals.

In the afternoon session, the Degree certificates were distributed by the In-charge Principal of

the college Dr Srividhya Jayakumar.

VIDHIJNA 2018-2019


Annual Prize distribution Function

Annual prize distribution ceremony was held on 11th April 2019. Chief Guest: Shri. N.M.

Rajyadhyaksha, Principal, New Law College, Former Chairman of Board of Studies,

Former Dean, Chairman of Standing Committee for I. L. S, member of drafting committee

of N. L. S. Mumbai.

VIDHIJNA 2018-2019


International Women’s Day Programme

Legal Aid Cell initiated the observation of Women’s Day on 8th March following students

made presentations as follows –

Ms. Veditha Pavaskar – Say no to Sexual Harassment

Ms. Rita Utekar – Domestic Violence

Ms. Palak Gupta – Protection of Women under Labour Law

Ms. Neelavati Holmuke – Equal Rights of Women under Property Law

The Student council coordinated, compered and conducted the programme well

VIDHIJNA 2018-2019


Dr. B.R. Ambedkar Jayanthi Programme

Constitutional Law towering personality and a mass leader Dr. B.R. Ambedkar’s birthday

was celebrated by staff and students in Manusabhagruha on 15thApril 2019. Students

expressed their love and respect for the great person and offered rich tributes to him.

Constitutional Law teacher Mr.Vinod H. Wagh and Dr. Srividhya Jayakumar addressed the

students on the great contribution of one of the tallest leaders. The teachers appealed to the

students to read Constituent Assembly Debates of the country. The programme was

compered by III Year student Palak Gupta. Mr. Vinod Patil an ex-student fondly brought

flowers and garlands for Dr. B.R. Ambedkar’s photos and coordinated.

VIDHIJNA 2018-2019


Parliamentary Debate

On 29thMarch 2019 notice was put up inviting interested students to enroll for parliamentary

debate. The first 25 were to get the opportunity to participate. On 1stApril 2019, a meeting

was conducted to draw lots as to ruling party and opposition party.

15 were for ruling party and 10 were for opposition. A senior final year student with immense

experience in competitions, Mr. Madhusudan Shetty was assigned the role of the speaker.

There was another meeting on 8th April to clarify the rules.

The debate was held on 10thApril 2019.

The bill for the debate was Representation of People (Amendment) Bill 2019.

The bill was to bring amendments to:

1) Disallow a candidate to contest in more than one constituency in parliamentary and state

legislative elections.

2) Prescribe graduation as minimum educational qualification for contesting elections state

legislative assembly and Council.

3) Extend the campaign period to 20 days.

Following are the students along with their role mentioned, who participated in the

Parliamentary Debate.

Sr.No Name Class Role

1 Madhusudhan Shetty IIIrd LLB Speaker

2 Sham Thakur IInd LLB Prime Minister

3 Saurabh Rao IInd LLB Parliamentary Affair Minister

4 Swati Chandekar Ist LLB M.P (Ruling Party)

5 Abhishek Hegde IInd LLB M.P (Ruling Party)

6 Amit Yadav IIIrd LLB M.P (Ruling Party)

7 Shreelakshmi Veliyath IInd LLB M.P (Ruling Party)

8 Manojkumar Yadav IIIrd LLB M.P (Ruling Party)

9 Steffi Alwa IInd LLB M.P (Ruling Party)

10 Soumya Kamat IInd LLB M.P (Ruling Party)

11 Vedprakash Vyas IInd LLB HRD Minister

12 Rita Utekar IInd LLB M.P (Ruling Party)

13 Jayesh Patil IInd LLB M.P (Ruling Party)

14 Anand Panchal IInd LLB M.P (Ruling Party)

15 Ravi Deshmukh Ist LLB M.P (Ruling Party)

16 Amit Karkhanis IInd LLB Leader of Opposition

17 Nikita Patole IInd LLB Dy. Leader of Opposition

18 Arshad Ahmed Khan Ist LLB M.P (Opposition Party)

19 Arvind Ojha Ist LLB M.P (Opposition Party)

20 Sukanya Pradhan IInd LLB M.P (Opposition Party)

21 Neethi Pillai IInd LLB M.P (Opposition Party)

22 Balajee N. IIIrd LLB M.P (Opposition Party)

23 Darshan Pawaskar IInd LLB M.P (Opposition Party)

24 Shivam Singh Ist LLB M.P (Opposition Party)

25 Preet Valecha Ist LLB M.P (Opposition Party)

VIDHIJNA 2018-2019


The debate for 2 hours was very absorbing. The bill was passed in that session of Lok Sabha.

All the students and teachers who were spectators cheered and complimented the participants.

The attempt at experiential learning resulted in enriching experience for the students.

On request of students, the In-charge Principal conceived the Parliamentary Debate and

drafted the bill for the same. She was by-default the first observer and full time faculty Mr.

Vinod H. Wagh was the second observer. Asst. Professor from Pravin Gandhi Law College,

Mrs. Kavita Sharma was an external examiner. The observers gave their remarks and guided

the participants. The whole exercise was videotaped.

In the Annual prize distribution function held on 11thApril 2019 the participants received

their certificates amidst thunderous applause.

The bill was as follows:

THE REPRESENTATION OF THE PEOPLE (AMENDMENT) BILL,

2019

Statement of Objects & Reasons

1. This bill seeks to

(1) disallow a candidate to contest in more than 1 constituency simultaneously.

(2) prescribe graduation as minimum educational qualification for contesting elections for

state legislative assembly and council.

(3) extend the campaign period to 20 days.

2. For this purpose a new Section 6A is sought to be inserted, prescribing university

graduation degree as minimum qualification to contest elections for State Legislative

Assemblies and councils. Since 1950 our country has vastly improved in education and it

is important for Political leaders to have basic education so that they can serve better and

also inspire people to undergo education. A few states have imposed educational

qualifications for local bodies and such imposition has been upheld by the Supreme Court

of India.

(Rajbalav State of Haryana, AIR 2016 SC 33)

3. The bill seeks to amend Section 33 to disallow contestants from simultaneously

contesting elections from two constituencies. This will prevent disappointment and

misleading of the voters. This will also block the avoidable expenses by way of by –

elections & reduce the financial burden on the state exchequer. National Commission to

Review the Working of the Constitution (2002) and Law Commission of India (255th

Report 2015) have recommended that a candidate should be allowed to contest from only

one seat.

4. Campaign period was originally 30 days and then it was reduced to 20 days & now since

1996 it is only 14 days for Loksabha & State legislative Assembly elections. This is

grossly inadequate considering the lakhs of people the contestants have to reach.

Therefore the bill seeks to amend S.30(d) to ensure 20 days campaign period.

The bill seeks to achieve the above objectives.

REPRESENTATION OF THE PEOPLE (AMENDMENT) BILL, 2019 A BILL to

Further amend the Representation of the People Act, 1951. (Act No. 43 of 1951) BE it

enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:—

VIDHIJNA 2018-2019


1. (1) This Act may be called the Representation of the People (Amendment) Act, 2019

(2) It shall come into force on such date as the Central Government may, by Notification

in the Official Gazette, appoint.

(3) the Representation of People Act,1951 will be referred to as principal act hereafter.

2. In the principal Act after Section 6, Section 6A shall be inserted namely-

Section 6A educational qualification for membership of state legislature-

(1) A person shall not be qualified to be chosen for a seat in legislative assembly or

legislative council of state unless he/she has a minimum graduate degree in any

faculty from a university recognized by University Grants Commission.

(2) For the purpose of subsection (1) University Grants Commission means the body

established under University Grants Commission Act, 1956

3. In Section 30(d) of the principal Act, the words “fourteenth day” shall be substituted by

the words “twentieth day”

4. For Section 33(7) of principal act, the following section shall be substituted namely-

Notwithstanding anything contained in sub-section (6) or in any other provisions of this

Act, a person shall not be nominated as a candidate for election,—

a) in the case of a general election to the House of the People (whether or not held

simultaneously from all Parliamentary constituencies), from more than one

Parliamentary constituency

(b) in the case of a general election to the Legislative Assembly of a State (whether or not

held simultaneously from all Assembly constituencies), from more than one

constituency in that State;

© in the case of a biennial election to the Legislative Council of a State having such

Council, from more than one Council constituency in the State;

(d) in the case of a biennial election to the Council of States for filling two or more seats

allotted to a State, for filling more than one such seat.

(e) in the case of bye-elections to the House of the People from two or more

Parliamentary constituencies which are held simultaneously, from more than one

Parliamentary constituency;

(f) in the case of bye-elections to the Legislative Assembly of a State from two or more

Assembly constituencies which are held simultaneously, from more than one

Assembly constituency;

(g) in the case of bye-elections to the Council of States for filling two or more seats

allotted to a State, which are held simultaneously, for filling more than one such seat;

(h) in the case of bye-elections to the Legislative Council of a State having such Council

from two or more

Council constituencies which are held simultaneously, from more than one such Council

constituency.

5. Section 70 of the principal act shall stand repealed.

VIDHIJNA 2018-2019


--------------------

“Live streaming of proceedings is crucial to the dissemination of knowledge about

judicial proceedings and granting full access to the litigant. Access to justice can never

be complete without the litigant being able to see, hear and understand the course of

proceedings first hand. Apart from this, live streaming is an important facet of a

responsive judiciary which accepts and acknowledges that it is accountable to the

concerns of those who seek justice. Live streaming is a significant instrument of

establishing the accountability of other stake-holders in the justicing process, including

the Bar. Moreover, the government as the largest litigant has to shoulder the

responsibility for the efficiency of the judicial process. Full dissemination of knowledge

and information about court proceedings through live streaming thus subserves diverse

interests of stake holders and of society in the proper administration of justice.”

– A.M. Khanwilkar, J. in Swapnil Tripathi v. Supreme Court of India, (2018) 10 SCC 639, para 130

VIDHIJNA 2018-2019


Photo Session of the Final Year Students

On request of final year students a group photograph session was held on 27thApril 2019 at

05:30pm. Former VC of MNLU, Mumbai addressed the students on the occasion.

________

“The Indian constitution is essentially a social document. The Indian

Constitution does not provide merely a framework of governance. It

embodies a vision. It is goal-oriented and its purpose is to bring

about a social transformation in the country. It represents the

aspirations of its Framers. The democratic Constitution of India

embodies provisions which are value-based.”

– Dr. D.Y. Chandrachud, J. in Navtej Singh Johar v. Union of India, (2018) 10

SCC 1, para 596

VIDHIJNA 2018-2019


VPM’s TMC Law College Topers April, 2019

Results Declared on 20/07/2019 Year Name Marks

Third Year LL.B.

Sharma Neha Sushil 492/800

Sheth Archana Ajay 484/800

Shetty Madhusudhan Bhoja 481/800

Second Year LL.B.

Tungare Partik Parag 540/800

Modi Sonal Shubhashish 510/800

Kelkar Akhilesh Milind 504/800

First Year LL.B.

Braggs Lauren Darry 517/800

Deshpande Gauri Pradip 498/800

Pardeshi Madhavi Bajrang 495/800

Academic Prizes 2017 – 2018

LIST OF STUDENTS SECURING TOP POSITIONS AT LAW EXAMS HELD IN APRIL,

2018

1. Following Endowment Prizes are awarded to Ms. Joshi Namrata S. for having stood

FIRST at THIRD LL.B. Exam. Held in April, 2018. (480/800).

i. Late Shri. Gunakar Joshi cash prize

ii. Late Shri. Viju Natekar cash prize

iii. Also awarded Medal with Merit Certificate

2. Mr. Shah Tejas Dilip (469/800) - Stood Second at Third LL.B. Exam held in April, 2018 -

Medal with Merit Certificate

3. Ms. Patil Anita Bhimrao (462/800) - Stood Third at Third LL.B. exam held in April,

2018 - Medal with Merit Certificate

4. Late Shri. Viju Natekar endowment cash prize to Ms. Kajanwala Krutika Nitinkumar

having stood First at Third LL.B. Exam. held in April, 2018 from amongst the backward

class students(446/800)

5. Ms. Singh Kalpana Sanjay has been awarded a Late Shri B. S. Bagade Cash prize of

Rs.200/- for having secured highest marks in ‘Law of Evidence’ (67/100) at Third year

LL.B. exam. April 2018.

6. Ms. Gupta Palak Sunilkumar(511 / 800) -Stood First at Second LL.B. Exam held in April,


7. Ms. Sheth Archana Ajay (488/800) -Stood Second at Second LL.B. Exam held in April,


8. Mr. Balajee Narayanan, Mr. Bhojwani Manish D &Mr. Shetty Madhusudhan B.

(480/800) - Stood Third at Second LL.B. Exam held in April, 2018 - Medal with Merit

Certificate

VIDHIJNA 2018-2019


9. Ms. Chorage Pranali K. (480/800) - Stood First at First LL.B. Exam held in April, 2018

- Medal with Merit Certificate

10. Ms. Tungare Pratik Parag (466 / 800) - Stood Second at First LL.B. Exam held in April,


11. Ms. Sarpande Saylee Atul (455/800) - Stood Third at First LL.B. Exam held in April,


12. Mr. Barve Akshay Anand has been awarded cash prize in the memory of late Shri. B. S.

Bagade Cash prize of Rs.200/- for having secured highest marks in ‘Constitutional Law’

(67/100) at First year LL.B. Exam. April 2018.

13. Ms. Luthia Khyati Rajiv has been awarded cash prize in the memory of Late Shri M. N.

Patil Cash prize of Rs.500/- for having secured highest marks in ‘Labour Law’ (67/100)

at First year LL.B. Exam Nov. 2017.

14. Mr. Tungare Pratik Parag has been awarded “Green Award” for having secured highest

marks in “Environmental Law” (75/100) at First Year LL.B. Exam. April, 2018 Merit

Certificate &Cash prize

15. “Shri. Damodar Vinayak Pendse ”Prize for Best Disciplined student during the Academic

year 2017-2018 has been awarded to:-

i. 1. Ms. Patole Nikita R. & Mr. Rao Saurabh S. I LL.B.

ii. 2. Ms. More Sharddha M. & Mr. Bapat Shirish D. II LL.B.

iii. 3. Ms. Praneesha Bhosale & Bhadouriya Rambir R. III LL.B.

Criteria – Attendance, Academic Record, Participation in the Programmes of the College.

Best Reader – Dr. Babasaheb Ambedkar Award

Ms. Pooja Prajapati I LL.B.

Mr. Patil Jayesh II LL.B.

Mr. Varekar Hemant Ashok III LL.B.

VIDHIJNA 2018-2019


Exams Timetable UNIVERSITY TIME TABLE OF NOVEMBER - 2018 LAW EXAMINATION

DATE MORNING SESSION EVENING

SESSION

10.30 am TO 1.30 pm 2.30 pm TO

5.30 pm

SEM – I SEM - II SEM - IV SEM - III SEM - V SEM - VI

04/12/2018 - Law of Crimes - - - Conflict of

Laws

05/12/2018 - - Jurisprudence - - -

07/12/2018 - Constitutional

Law - - -

Law and

Medicine

10/12/2018 - - Contract - II - - -

11/12/2018 - Family - I - - - ACADR

12/12/2018 - - Land Laws - - -

13/12/2018 - Environmental

Law - - -

Law of

Evidence

14/12/2018 - -

Criminology/

Taxation/

Bankruptcy

- - -

17/12/2018 - - - - - Insurance

18/12/2018 - - - - - IPR

19/12/2018 - - - - - Banking

Laws

20/12/2018 - - - - - Women &

Children

02/01/2019 - - - Administrative

Law -

03/01/2019 - - - - CPC -

04/01/2019

- - Family Law -

II - -

07/01/2019

- - - Cr.P.C. -

08/01/2019

- - Property Law - -

09/01/2019

- -

IOS -

10/01/2019

- - Company Law - -

11//01/2019

PIL & HR

01/02/2019 Labour

Law

04/02/2019 Contract –

I

06/02/2019 Torts

08/02/2019 Legal

Language

VIDHIJNA 2018-2019


UNIVERSITY TIME TABLE OF MAY - 2019 LAW EXAMINATION

DATE MORNING SESSION EVENING

SESSION

10.30 am TO 1.30 pm

2.30 pm TO

5.30 pm

SEM - II SEM - III SEM - IV SEM - V SEM - I SEM - VI

02/05/2019 - - - CPC Labour Laws -

03/05/2019 - Administrative

Law - - - -

04/05/2019 - - - CrPC Contract - I -

06/05/2019 - Family - II

- - -

07/05/2019 - - - IOS Tort -

08/05/2019 - Transfer of

Property - - - -

09/05/2019 - - - PIL &Hrs Legal

Language -

10/05/2019 - Company Law - - - -

28/05/2019 Law of Crimes - - - - Conflict of

Laws

29/05/2019 - - Jurisprudence - - -

30/05/2019 Constitutional

Law - - - -

Law and

Medicine

31/05/2019 - - Contract - II - -

11/06/2019 Family - I - - - - ACADR

12/06/2019 - - Land Laws - - -

13/06/2019 Environmental

Law - - - -

Law of

Evidence

14/06/2019 - -

Criminology/

Taxation/

Bankruptcy

- - -

17/06/2019 - - - - - Law of

Insurance

18/06/2019 - - - - - IPR

19/06/2019 - - - - - Banking

Laws

20/06/2019 - - - - - Women &

Children

VIDHIJNA 2018-2019


Preparatory Exams Timetable

Date I LLB IILLB IIILLB

01/11/2018

1.30 pm – 3.30 pm - Administrative Law C.P.C.

4.00 pm – 6.00 pm - Family Law - II Cr.P.C.

02/11/2018

1.30 pm – 3.30 pm - Transfer of Property

Law

IOS

4.00 pm – 6.00 pm - Company Law PIL & HR

16/01/2019

1.30 pm – 4.00 pm Labour Law - -

4.30 pm – 7.00 pm Contract – I - -

17/01/2019

1.30 pm – 4.00 pm Torts & Consumer

Protection Laws

- -

4.30 pm – 7.00 pm Legal Language - -

The Preparatory examinations were held on 15th, 16th, 18th and 20th for semesters 2, 4, and 6

as follows:

Date I LLB II LLB III LLB

15/04/2019

1.30 pm– 4.00 pm Law of Crimes Jurisprudence Arbitration ADR

4.30 pm - 7.00 pm Constitutional Law Land Laws Evidence

16/04/2019

1.30 pm– 4.00 pm Family Law – I Contract – II Banking & Insurance

4.30 pm - 7.00 pm Environmental Law Optional Law of Insurance

20/04/2019

1.30 pm– 4.00 pm - - Women, Children &

Law

4.30 pm – 7.00 pm IPR

18/04/2019

4.30 pm– 7.00 pm - - Law & Medicine

VIDHIJNA 2018-2019


Practical Exam

Main Written Exams Submission

1st March I year, II year and III year

On 1st March, 2019 the following written exams were conducted –

Practical Training: I LL.B. Advocates Act and Contempt of Courts Act.

Practical Training: II LL.B. PIL, Negotiation, Client Counseling etc.

Practical Training: III LL.B. Drafting of Conveyances and Pleadings

2nd March III year

III LL.B. students submitted their practical files on drafting exercises, court visits and

advocate office visits

2nd February II year – Submission of Journal

1st March I year – Submission of Journal

Moot Court Exams 31st September, 5th, 6th, 7th, March

On 5th, 6th and 7th March, 2019 the 3rd year students appeared in their Moot Court

examinations.

Viva Exams (III year) 18/3, 25/3

I LL.B. Group Discussions Time Table

Date Batches Topic for Group Discussion

18th March 2019 Roll nos. 1 to 60 1 Public perception about the Legal Profession

2 Affordability and Advocates fees.

19th March 2019 Roll nos. 61 to 120 1 Duties of Lawyers to Clients

2 Lawyers Service under Consumer Protection

Act, 1986

20th March 2019 Roll nos. 121 to 180 1 Duties of Lawyers to Court

2 Right to Practice and personal appearance

21st March 2019 Roll nos. 181 to 240 1 Right of advocates to advertise

2 Contempt of Court – Interesting case Laws

Practical Supplementary Examination

I, II and III year Practical supplementary examination were conducted as follows:

Sr. No. Activities Time Date

1. Written Examination (Ist, IInd and IIIrd year) 02.30pm -5.30pm 02/04/2019

2. Submissions (IIIrd year) 05.pm - 07pm 11/04/2019

12/04/2019

15/04/2019

3. Client Counseling (IInd year) 04pm- 07pm 08/04/2019

4. Group Discussion (Ist year) 04pm- 07pm 08/04/2019

5. Submission of Practical Journals 04pm- 07pm 08/04/2019

VIDHIJNA 2018-2019


II LL.B. Client Counseling Time Table

Lectures on Client Counseling on 21st January, 2019 by Prof. S. M. Payak and Prof. Vinod

Wagh at 4.00 pm in Moot Court hall.

ROLL NO. TOPIC / SUBJECT

A – 01 To 20

B – 01 To 20

C – 01 To 20

CONSTITUTION OF INDIA / LAW OF TORT

A – 21 To 40

B – 21 To 40

C – 21 To 40

THE LAW OF CONTRACT / FAMILY LAW

A – 41 To 60

B – 41 To 60

C – 41 To 60

LABOUR LAWS / TRANSFER OF PROPERTY ACT

ROLL NO. DATES TIME

A – 01 To 20 22nd JANUARY 2019 1.30 TO 3.00 PM

L-7 AND L-8 B – 01 To 20 23rd JANUARY 2019

C – 01 To 20 24th JANUARY 2019

A – 21 To 40 22nd JANUARY 2019 6.00 TO 7.30 PM

L-4 AND L-5 B – 21 To 40 23rd JANUARY 2019


A – 41 To 60 25th JANUARY 2019 1.30 TO 3.00 PM

L-7 AND L-8 B – 41 To 60 28th JANUARY 2019


VIDHIJNA 2018-2019


Special Marathi Lecture

Special Lecture in Marathi was arranged for Semester III and V as follows:

1) Assist. Prof. Mr. Vinod Wagh – Administrative Law

2) Mr. Yatin Pandit – Company Law

3) Mrs. A. A. Datar – Transfer of Property Law

4) Assist. Prof. Mr. Vinod Wagh – Cr. PC (17th December, 2018)

5) Ms. Rupali Yeranaes – CPC (22nd December, 2018)

6) Assist. Prof. Mr. Vinod Wagh – HRS (19th December, 2018)

7) I/C Principal Dr. Mrs. Srividhya Jayakumar – PIL & HR (19th, 20th Dec. 2018)

8) Dr. Mr. Mahesh Barve – IOS (4th January, 2019)

Election Duty

April 2019 Parliamentary Elections

Sr.

No. Name Designation Place

1 Mrs. Sheetal Sonawane

(Librarian)

First Polling Officer

(FPO)

148/132

Dhokali, Thane

2 Mr. Vinod H. Wagh (Asst.

Professor) Presiding Officer (PRO)

148/183

Majhiwada, Thane

3 Mr. Mukesh R. Rane (Jr.

Clerk) Presiding Officer (PRO)

151/80 Belapur

Navi-Mumbai

4 Mr. Santosh Zugare

(Library Assistant) Peon

148/325

Mahagiri, Thane

5 Mr. Rakesh Pathare

(Peon) Peon

148/245

Chandanwadi, Thane

6

Mrs. Ranjan A.

Karandikar (In-charge

O.S.)

OPO – 3 Other Polling

Officer

148/193

Khopat, Thane

VIDHIJNA 2018-2019


Staff News

In-charge Principal Dr. Mrs. Srividhya Jayakumar was awarded Ph.D. by the University

of Mumbai for her Thesis titled “Status of Political Rights in India – A Human Rights

Perspective”.

Asst. Prof. Mr. Vinod H. Wagh published his debut text book on Legal Language and Legal

Writing on 8th December, 2018 at the hands of Mr. Jaymangal Dhanraj Asst. Prof. and In-

charge Principal of Dr. Ambedkar College, Wadala.

Asst. Prof. Mr. Vinod H. Wagh successfully completed his refresher course with ‘A’ grade

from Dr. Babasaheb Ambedkar Marathwada University, Aurangabad.

Mrs. SrividhyaJayakumar was invited as a resource person in the following:

National Conference on ‘Gender Justice: Social, Cultural and Legal Dimension’

organized by Dr. Ambedkar Law College, Mumbai and Maharashtra State Human Rights

Commission on 23rd October, 2018.

National symposium on ‘Educational Ethics and Ethics in Research’ organized by

VIDHIJNA 2018-2019


VPM’s B.N. Bandodkar College of Science on 5th, 6th December, 2018.

The following papers have been published

Dr. Mrs. Srividhya Jayakumar

On 11thJanuary In-charge Principal Dr. Srividhya Jayakumar presented a paper titled ‘’Law

and Gender Sensitization in India – Mindset Preparedness for a Gender Just Social Order”, in

the National Seminar held at Reena Mehta College of Arts, Science, Commerce and

Management Studies, Bhayander, Thane.

On 12thJanuary In-charge Principal Mrs. Srividhya Jayakumar presented a paper titled

‘Accomplishment of Sustainable Development for Green Earth – A study of the role of law’,

in the International Conference an Ecology, Ethology and Environment Management

organized by VPM’s B. N. Bandodkar College of Science, Thane.

Mr. Vinod H. Wagh

On 25thAugust, 2018 Asst. Prof. Mr. Vinod Wagh presented a paper titled ‘Women’s Human

Rights: Judicial Activism’ organized by Department of Home Science Arts and Science

college, Kannod.

On 27th& 28thAugust, 2018 Asst. Prof. Mr. Vinod Wagh presented a paper titled‘ Equal

Treatment by Judiciary is Prerequisite to Strengthen the Democracy: A New Challenge to

Indian Democracy’ organized by M. P. Law College, Aurangabad.

________________

“The theme of inclusiveness permeates through Part III of the Constitution.

Apart from the equality code of the Constitution comprised in Articles 14,

15(1), 16 and other provision in the form of Article 17 (Abolition of

Untouchability), Article 21 – A (Right to Education), Article 25 (Freedom of

Conscience and Free Profession, Practice and Propagation of Religion),

Article 26 (Freedom to Manage Religious Affairs), Article 29 (Protection of

Interest of Minorities), Article 30 (Right of Minorities to Establish and

Administer Educational Institutions) are aimed at creating an inclusive

society where rights are guaranteed to all, regardless of their status as a

minority.”

– Indu Malhotra, J. in Navtej Singh Johar v. Union of India, (2018) 10

SCC 1 para 640.3.8

VIDHIJNA 2018-2019


Accomplishment of Sustainable Development for a Green

Earth – A study of the role of law in India

Dr. Srividhya Jayakumar, Incharge Principal, VPM’s TMC Law College, Thane

[email protected]

(Presented in the International Conference on “Ecology, Ethology and Environment

Management” organized by VPM’s B. N. Bandodkar College of Science, Thane)

Abstract

Mankind bears the solemn responsibility to protect and improve the environment for the

present and future generations. Sustainable Development (SD) is a policy and a strategy to

require ecological sustainability of development activities and to balance developmental

aspirations with the ecological concerns. Its purpose is to ensure that the future

generations are able to meet their needs.

The word ‘environment’ derives from the French word environner which means to encircle

or surround. Today we unmindfully surround the earth with deadly acts as if in a

chakravuham and dare to destroy our home. S M Bhasker rightly cautioned: “Devotees of

Earth we certainly can’t claim to be. But our failure to adapt to a higher level of

consciousness may plunge us into an imminent state of ecological cessation. Will the earth

endure?” The sustainability of the earth is alarmingly threatened by human conduct. Law

is a universally known and practised instrument to control and regulate human conduct.

This paper seeks to inquire into the role of law in accomplishing ‘sustainable development’

for a green earth.

Keywords

Sustainable Development, Environment Impact Assessment, Precautionary Principle,

Intergenerational Equity

Introduction

Mankind bears the solemn responsibility to protect and improve the environment for the

present and future generations1. Sustainable Development (SD) is a policy and a strategy to

require ecological sustainability of development activities and to balance developmental aspirations with the ecological concerns. Its purpose is to ensure that the future generations are able to meet their needs.

The word ‘environment’ derives from the French word environner which means to encircle or surround. Today we unmindfully surround the earth with deadly acts as if in a

chakravuham and dare to destroy our home. S M Bhasker2 rightly cautioned: “Devotees of

Earth we certainly can’t claim to be. But our failure to adapt to a higher level of consciousness may plunge us into an imminent state of ecological cessation. Will the earth endure?” The sustainability of the earth is alarmingly threatened by human conduct. Law is a

VIDHIJNA 2018-2019


universally known and practised instrument to control and regulate human conduct. This paper seeks to inquire into the role of law in accomplishing ‘sustainable development’ for a green earth.

Environmental law of India – the law to protect and improve the environment – comprises of not only the special statutes but also the constitutional law and other general laws that aid,

inter alia, in combating the ills that degrade our environment. International law also shapes

the Indian law. Law plays an enormous role in

1. empowering the state with authority to protect the environment

2. imposing duty on the state to guard the environment

3. empowering the people with rights in respect of environment

4. imposing duties on the citizens to safeguard the environment

5. setting appropriate norms of action to achieve sustainable development

6. appointing appropriate authorities to protect environmental regimes

7. evolving appropriate doctrines, rules, principles and remedies to tackle environmental

problems

8. sensitizing and educating the people to tune themselves to environmentally responsible

conduct

State power and duty

Constitution of India (COI) provides for a federal structure with division of powers between the centre and states as effected by the Seventh Schedule. The subject environment is not directly allocated in the lists. But various aspects are allocated- illustratively water is in the state list, mines are in the central list and forests, wildlife are in the concurrent list.

Interestingly COI has allocated functions relating to environment to Panchayats3 and

Municipalities4 also. The recommendation that there should be a new entry ‘environment

protection‘added to the concurrent list5 has not been acted upon till date. It is pertinent to

note that the general power of the state- the police power- to regulate and order behavior in the society for betterment of health, safety, morals and general welfare of the people will obviously include environment protection.

State’s duty is clear in certain Directive Principles under the COI that require the state to

ensure that the common resources of the community is sub-serving common good6,to protect

and improve the environment,7 improve level of nutrition, public health

8. In M C Mehta v

UOI9 considering Articles 39(e), 47 and 48A, the SC recognized the duty on the state to

secure health of the people, improve public health and protect and improve the environment. As the branch of the state, the judiciary considered duty on itself too to protect the environment. Quashing the change in the development plan to convert recreational zone to build residences, the court said that it is the legitimate duty of courts to forbid actions

upsetting the environmental balance.10

Rights and duties of the people

Law has magnificently built an empire of rights that go a long way to attain SD. There are rights which directly ensure a wholesome environment; there are rights that help the

environmental movement towards sustainable development. There are certain other rights

that will have to be carefully restricted in order to progress in SD

VIDHIJNA 2018-2019


Judicial activism has added several rights in relation to environment: right to a wholesome

environment11

, right to ecological balance12

, right to clean air and water13

, right to sweet

water14

, right to health15

, right to preservation of forests,16

right to intergenerational

equity,17

right against noise pollution.18

Interpretation of the constitution with enviro vision and enviro vigil has led to recognition of these valuable rights in the absence of express provisions therein.

SC has strengthened the right to file PIL19

and right to information20

which have become crucial in enhancing public participation and in infusing action in the governmental authorities in the march towards SD. Right to education

21 also fortifies the environment

movement by enlightening the people for responsible conduct.

Right to livelihood22

, right to religion23

, right to trade, occupation etc, freedom of speech and expression have been with reasonable vigil restricted to ensure SD. Right to livelihood of

a few, it was held, cannot be permitted at the cost of general public health.24

Right to trade was held subject to state’s power to insist on sewage treatment plants and restriction on

grounds of ecological well-being.25

Judiciary has limited right to use loud speakers 26

and

noisy crackers27

with due respect to people’s right to be let alone, right to sleep, leisure and right not to hear. Religion cannot sanction noise, nuisance and pollution, held the court and ruled that any religious practice that poses threat to life and health cannot be protected under

Art 25( religious freedom)28

This was in the judgment restricting bursting of crackers on Diwali day and other festive days to only 8-10 pm and issuing other directions. Mumbai HC refused permission as exceptional cases to use loudspeakers beyond 11.30pm during

Ganapati and Navaratri festivals.29

Duties - SD cannot be accomplished without active participation of the citizens. Art 51A(g) of the COI imposes duties on citizens to protect and improve the natural environment including forests, states and rivers and wildlife and to have compassion for living creatures.

The duty to develop scientific temper, humanism and a spirit of enquiry and reform30

and

duty to educate the children 31

also secure environmental education. Fundamental duties have

been held to be collective duties on the state.32

It is intriguing to note that the duty of the citizen has been interpreted as a right to file PIL

and seek enforcement of the duty cast on the State to set the environment right. The Court

remarked that Article 51A is ordinarily a duty of the citizen but in fact it creates a right in

favour of the citizens and it entertained a PIL to remedy the sanitation problem of Jaipur.33

Norms setting

Law plays a key role in laying down acceptable conduct by prescribing norms – compulsory

consent for industries, regulation of bio medical wastes, hazardous wastes, handing

chemicals, e wastes, coastal zones etc. Noise levels, emissions, effluents standards are

prescribed. Most significant statutes in this regard are the Water (Prevention and Control of

Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and the

Environment Protection Act, 1986. Plastics Rules 1999 deal with manufacture, sale and usage

of Plastics. The Noise Pollution Rules, 2000 provide for different zones and permitted decibel

levels. There are the 1993 rules as to hazardous micro organisms handling rules. The

Municipal Solid Wastes Rules, 2000 deal with landfills and air and water quality monitoring.

VIDHIJNA 2018-2019


Under the Environment Protection Act, 1986 rules are also framed for Environment Impact Assessment, Coastal Zone Regulation, Batteries Management and Handling, Ozone Depleting Substances (Rules, 2000)

Public Liability Insurance Act, 1991 requires owners of hazardous and inherently dangerous

industries to obtain compulsory insurance cover to compensate, death, injury or damage to

property due to hazardous substance accident. The law provides for quick settlement of

claims and the amounts recoverable are laid down in the Act. This is over and above any

other amount receivable under any other law. The National Environment Tribunal under the

National Environment Tribunal Act, 1995 was settling the claims and now this is replaced by

the National Green Tribunal (NGT) established under National Green Tribunal Act, 2010.

The National Environment Appellate Authority Act, 1997 is repealed and the NGT will have

jurisdiction in all matters involving questions as to environment, forests etc.

Ground water, forests, wildlife34

are all governed by law. Reserved forests, wild life sanctuaries and parks are created under law and activities therein are restricted in the interests of conservation.

Special Authorities

Law establishes various authorities in the mission of environment protection. The Central

Pollution Control Board and the State Pollution Control Board function under the Air Act,

Water Act and Environment Protection Act. These boards give consent to industries, inspect

them and monitor the standards laid down by law. Ministry of Environment and Forests have

several powers as to sanctioning projects after verification. NGT has a huge role to play in

settling claims and deciding on permissions for projects in forests or ecologically sensitive

areas.

Under the various rules for handling bio medical wastes, hazardous chemicals, municipal

solid wastes etc there are appropriate authorities. Wild Life Advisory Board, Chief Wild Life

Warden, Director of Wild life Preservation and Central Zoo Authority have been established

under the wild life Act. There is the Animal Welfare Board established under the Prevention

of Cruelty to Animals Act, 1960 to implement, advice the government, promote education on

humane treatment of animals etc. Principal Chief Conservator of Forests under the Indian

Forest Service is responsible for management of forests, environment and wild life. National

Coastal Zone Regulatory Authority is established. Also there is the Central Ground Water

Authority. In 1997 the Central Government constituted the Aqua Culture Authority to deal

with shrimp culture industry in the coastal states. The prestigious National Environmental

Engineering Research Institute plays a crucial role with scientific inputs. It is established by

the central government and falls under the Ministry of Science and Technology.

Green Benches: SC directed the High Courts to constitute Green Benches for the purpose of

handling public interest environment matters and directed the registry to send records of

pending matters to the HCs in the region where the environment issues arise.35

Doctrines and Principles

For the cause of the environment our judiciary has evolved a few crucial doctrines and

principles. The SC expressly spelt out the need to evolve new principles and norms to tackle

the new problems in an industrialized economy. It evolved and adopted the absolute liability

VIDHIJNA 2018-2019


principle making the inherently dangerous and hazardous industries liable for accident in all

cases without any exception whatsoever.36

Public Trust Doctrine considers natural resources as a legacy of mankind and their conservation as a common concern of mankind and entrusts these to the state for their preservation for the generations to come. Articles 47 requiring improvement of public health and 48A requiring protection and improvement of the environment reflect this doctrine. Enactment of the Forest Conservation Act, 1980 and Wild Life Protection Act, 1972 is in fulfillment of the duty under this doctrine. SC adopted this doctrine in M C Mehta v Kamal

nath37

and prevented ecologically sensitive Beas River area to be converted to private

ownership for commercial gains. In MI Builders Pvt Ltd v Radhey Shyam38

SC observed that

the Public Trust Doctrine is a tenet of Article 21 (Right to life) and the court will skeptically consider any governmental allocation of resource to private parties. Underground shopping centre below a Lucknow public park was not permitted.

Bruntland Report defined SD as that development that meets the need of present without

compromising the ability of future generations to meet their own needs.39

SC observed that SD has come to be accepted as a viable concept to address poverty and improve quality of

human life and therefore a part of right to life in Art 21.40

Emphasizing on SD the SC said that development and environment must go hand in hand in Indian Council for Enviro –

Legal Action v UOI.41

In T N Godavarman Thirumulpad v UOI42

considering the blatant violation of laws in felling of trees and mining, the SC while giving large number of orders held that economic benefit must be subordinated to environmental stability and non- fulfillment would amount to violation of Articles 14 and 21.

SC applied the Precautionary Principle in the Taj Trapezium case and ordered the industries around Taj Mahal to use natural gas instead of coal/coke by recognizing the need

to anticipate, prevent and attack the causes of environmental degradation.43

The SC

underlined the principle of Intergenerational Equity in S. Jagannath v UOI44

while giving orders in the public interest litigation against the unregulated commercial shrimp culture damaging the coasts. Polluter Pays Principle has been very tactfully adopted by the SC to impose compensatory fines to revive the environment. SC created an Environment Protection

Fund.45

In Sterilte Industries (I) Ltd v UOI46

SC slapped a fine of 100 crores to remedy degradation caused and improve the conditions.

Sensitizing and educating the people

UN Decade of Education for Sustainable Development (2005-14) was adopted by GA

Resolution 57/254 emphasizing that education is an indispensable element for achieving SD.

Awareness on environmental issues are essential for enlightened opinion of the public and

will promote responsible conduct. Principle 19 of the Stockholm Declaration (1972) requires

education in environmental matters for the younger generation as well as adults. Principle 10

of Rio Declaration (1982) requires the states to facilitate and encourage public awareness so

that citizens participate. Article 6 of the UN Framework Convention on Climate Convention

requires the state parties to the convention to promote and facilitate education, training and

awareness on climate change and its effects.

State Pollution Control Boards under the Air Act47

, Water Act48

and Environment Protection

Act,49

have the function of organizing mass education programme relating to prevention, control or abatement of pollution.

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In M C Mehta v UOI50

our SC directed the government to enhance public education on environmental issues through schools, mass media and cinema halls. The court recognized the duty of the state by considering the right to life and the right to know of the people and

the fundamental duty of the citizens to protect the environment. In Birangana51

the Calcutta HC ordered All India Radio and Doordarshan to disseminate information about the harmful effects of noise. The court also urged upon the media to publize the methods of lodging

complaints with the pollution control board. In B L Wadhera v UOI52

the SC directed All India Radio and Doordarshan to devote 5-7 minutes a day on educating the people in addition to long programs once a week.

New techniques and inputs from science and can strengthen law as a reliable and respectable tool in restoring the earth of its life carrying capacity. The culture of compliance to law is crucial.

1 Principle 1, Stockholm Declaration on Human Environment (1972)

2 Conservation Myths Help Promote Sustainability, Speaking Tree, TOI, 20/02/06

3 Schedule 11

4 Schedule 12

5 Department of Science and Technology, Government of India, Report of the (Tiwari) Committee for Recommending Legislative Measures and Administrative Machinery for Ensuring Environmental Protection (1980)

6 Art 39(b)

7 Art 48A

8 Art 47

9 (2002) 4 SCC 356

10 T Damodhar Rao v The Special Officer,MC of Hyderabad, AIR 1987 AP 171 at p 181.

11 Indian Council for Enviro Legal Action v UOI, AIR 1996 SC 446

12 Joseph Bain D’ Souza v Maharashtra,W P No 3189 of 2004 referred in Dr Amod S Tilak, Environmental Law, Snow white 2009 , p 100

13 Subhash Kumar v State of Bihar, AIR 1991 SC 420

14 Attakoya Thangal v UOI, 1990 KLT 580 (Kerala HC)

15 Occupational Health and Safety Association v UOI, AIR 2014 SC 1469

16 Sushila saw mills v Orissa, AIR 1995 SC 2484

17 H P v Ganesh Wood Products, AIR 1996 SC149

18 Arjun Gopal and others v UOI and Others, AIR 2018 SC 5731

19 See MC Mehta v UOI, AIR 1988 SC 1037, Indian Council for Enviro – Legal Action v UOI, AIR 1996 SC 1446, Vellore

Citizens’ Welfare Forum v UOI, AIR 1996 SC 2715 etc 20 Bombay Environmental Action Group v Pune Cantonment Board, SC, SLP (Civil) NO 11291 of 1986

21 Articles 21A, 41 & 45

22 Rural Litigation Kendra Dehra Doon v UP , AIR 1985 SC 652; Arjun Gopal and others v UOI and Others, AIR 2018 SC 5731

23 Arjun Gopal and others v UOI and Others, AIR 2018 SC 5731

24 MC Mehta v UOI, (Ganga Pollution case), 1992 Supp (2) SCC 633, 637:

25 Ibid. See also Abhilash Textiles v Rajkhot Municipal Corporation , AIR 1988 Guj 57

26 Venu v DG of Police, 1992 (2) KLT 86, Rabin Mukerjee v W B , AIR 1985 Cal 222, Birangana Religious Society v the State, (1996) 100 CWN 617

27 Burrabazar Fire Works Dealers v Commissioner of Police, AIR 1998 Cal 121; Arjun Gopal and others v UOI and Others, 23/10/2018 SC judgement.

28 Supra Arjun Gopal

29 Dr Y T Oke v Maharashtra, W P No 1732 of 1995, Bombay High Court, 18, Dec 1995 referred in Shyam Diwan, Armin Rosencranz (2016) Environmental Law and Policy in India, India, Oxford University Press.

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30 Article 51A (h)

31 Article 51A(k)

32 AIIMS Students Union v AIIMS, AIR 2001 SC 3262

33 L K Koolwal v Rajasthan, AIR 1988 Raj 2

34 See, Wild Life Protection Act, 1972, Indian Forests Act, 1927 and Forest Conservation Act, 1980, Maharashtra Ground Water Act, 2009.

35 Vellore Citizens Welfare Forum v UOI, AIR 1996 SC 2715; M C Mehta v UOI, 1997 (2) SCC 411

36 M C Mehta v UOI, AIR 1987 SC 1086 at p 1089

37 (1997) 1 SCC 388

38 (1999) 6 SCC 464. See also Intellectuals Forum v AP, AIR 2006 SC 1350; Karnataka Industrial Areas Development Board v C Kenchappa, 2006 AIR SCW 2456

39 The World Commission on Environment and Development, Our Common Future (1987)

40 Vellore Citizens, Supra n 35

41 AIR 1987 SC 965

42 (2006) 1 SCC 1

43 M C Mehta v UOI, (1997)2 SCC 353

44 (1997) 2SCC 87

45 Ibid.

46 (2013) 4 SCC 575

47 S. 17(1)(d)

48 S. 17(1)(e)

49 S. 3 (2) (xii)

50 (1991) 2 SCC 137

51 Supra n 26

52 AIR 1996 SC 2969

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