SVKMs NMIMS School of Law

INTERNSHIP REPORT

INTERNSHIP REPORT SUBMITTED TO UNIVERSITY SCHOOL OF LAW

AND
LEGAL STUDIES IN FULFILMENT OF THE REQUIREMENTS OF THE
DEGREE OF
B.B.A;LL.B. (Hons.)

February, 2017

SUBMITTED BY: SUBMITTED TO:

VAIBHAV GUPTA DR. NAZIMA MUNSHI

81002160028

(A029)
 Table of contents

s.no title Page no.

1 Acknowledgement 3
2 Introduction 4
3 Overview of internship work 5
4 Conclusion 14
5 Experience sharing 16

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 Acknowledgement

The internship opportunity I had with NGT Bhopal was a great chance for learning
and professional development. Therefore, I consider myself as a very lucky
individual as I was provided with an opportunity to be a part of it. I am also
grateful for having a chance to meet so many wonderful people and professionals
who led me through this internship period.

First and foremost I would like to thanks Dr. Rishikesh Dave, Dean of NMIMS
School of Law for giving me this opportunity to work with such a prestigious
institution. I would also like to give my gratitude to Chetna Lal mam for guiding
me in choosing the NGO. I would also like to thanks Dr. Nazima Munshi mam for
her guidance throughout the internship.

It is my radiant sentiment to place on record my best regards, deepest sense of

gratitude to Mr. Vivi Samuel sir, our coordinator at NGT and PA of Registrar sir
Mr. Sanjay Shukla, who in spite of being extraordinarily busy with his duties, took
time out to hear, guide and give the relevant knowledge of the legal world.

I would also like to thanks the other interns Bhakti Premchandani, Pragya gupta,
Pragya Mishra, Anshul Mordia and Vaishali Adhikari for supporting me
throughout the internship.

I would also like to thanks my parents and my friends who were always there to
support me during the whole internship.

Vaibhav Gupta

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 Introduction

About NGT:

National Green Tribunal is a statutory body established by a Government

Notification using the powers of Section 3 of the NGT Act 2010. It has replaced
National Environment Appellate Authority.
The objective of establishing a National Green Tribunal was as follows:

To provide effective and expeditious disposal of cases relating to

environmental protection and conservation of forests and other natural
resources including enforcement of any legal right relating to environment.
Giving relief and compensation for damages to persons and property Other
Related Matters.

The National Green Tribunal has jurisdiction over all civil cases where a
substantial question relating to environment (including enforcement of any legal
right relating to environment), is involved and such question arises out of the
implementation of the enactments specified in Schedule I of the National Green
Tribunal Act 2010. The acts listed in Schedule 1 are:

1- The Water (Prevention and Control of Pollution) Act, 1974;

2- The Water (Prevention and Control o[Pollution) Cess Act, 1977;
3- The Forest (Conservation) Act, The Air (Prevention and Control of
Pollution) Act, 1981;
4- The Environment (Protection) Act, 1986;
5- The Public Liability Insurance Act,1991;
6- The Biological Diversity Act,2002

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The Tribunal's dedicated jurisdiction in environmental matters shall provide speedy
environmental justice and help reduce the burden of litigation in the higher courts.
The Tribunal is mandated to make and endeavour for disposal of applications or
appeals finally within 6 months of filing of the same. Initially, the NGT is
proposed to be set up at five places of sittings and will follow circuit procedure for
making itself more accessible. New Delhi is the Principal Place of Sitting of the
Tribunal and Bhopal, Pune, Kolkata and Chennai shall be the other four place of
sitting of the Tribunal.

About NGT Bhopal:

NGT Bhopal comes under the central zonal bench. The bench is known to make
landmark judgments in the field of environment. The registrar of NGT Bhopal is
Mr. Sanjay Shukla, a person who is known for his strictness and hard work. The
main judicial member in Bhopal is Justice Shri Dalip Singh who is also a very
strict judge when it comes to protection of environment.

Overview of Internship Work

Week 1:

In the first week of the internship we are introduced with the working of NGT and
also with our coordinator Samuel sir who is very helpful and polite in nature. I also
learnt how the registrar of NGT gets selected and what their qualifications are. The
registrar should be a Judge of Supreme Court of India, Chief Justice of High Court,
Judge of a High Court in India. I also get to know that there is a judicial member
who needs to be a Judge of Supreme Court of India, Chief Justice of High Court,
Judge of a High Court in India. And there is also a expert member also who is
either a degree in Master of Science (in physical sciences or life sciences) with a

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Doctorate degree or Master of Engineering or Master of Technology or an
experience of fifteen years in the relevant field and administrative experience of
fifteen years in Central or a State Government or in a reputed National or State
level institution.

We had also attended classes by Adv. Om Shankar Shrivastav. He is not just an

advocate but also an environmentalist. He only takes cases related to environment.
We had also given the project topics on which we have to prepare a project and a
presentation which we have to submit on the last day and present before the
registrar sir. My topic was E-Waste on which I also had to find the case of NGT
only. We also see the case proceedings.

Week 2:

In this week had attended the court proceedings. In one of the landmark case NGT
notice Bhopal government over the rising pollution problems. National Green
Tribunal (NGT) has served notices to Madhya Pradesh government, Central
Pollution Control Board (CPCB) and MP Pollution Control Board (MPPCB) for
rise in air pollution and deteriorating air quality in Bhopal. NGT has sought replies
from the respondents by February 6.

A petition filed by environmentalist Subhash C Pandey states that air quality is

deteriorating due to vehicular pollution, open burning of municipal waste,
including polythene bags and bio-medical waste, industrial pollution, open burning
of bio-mass and agricultural residues, open construction work at sites, adulteration
in automobile fuels and decomposition of hazardous waste.

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The petition quotes ambient air quality data of Bhopal for the last six months
monitored by MPPCB and National Air Quality Index (AQI) report by CPCB,
which highlight that the quality of ambient air in state capital is very poor.
Emission from automobiles is responsible for about two-third of air pollution in the
urban areas, it said.

The petition has sought relief from NGT like installation of online monitoring
display system at all air pollution prone areas of the city, establishing CNG fuel
centers, gazette notification from transport department banning vehicles older than
15 year old from plying, carpooling in government departments where maximum
diesel vehicles are run, conversion of commercial and public buses into CNG and
adherence to MoEF guidelines regarding construction activities.

Week 3:

In this we had attended the court proceedings. We had also attend the class by
Ritika mam who is the advisor to Justice Dalip Singh. She had done her law from
national law university, Orissa. She told some of the career options we had after
doing law.

Week 4:

In this week we had to do our research work to complete our project. We had also
given presentation to Registrar sir and he gave us some very useful tips regarding
the law and the discipline we need to have in the field of law.

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 Project prepared on

E-WASTE MANAGEMENT

Considering the future scenario, it is imperative that the safe management of waste
is done in an organized manner with sufficient resources and sustainable recycling
technologies on the one hand and effective legislations and monitoring
mechanisms on the other.

1. Need for stringent health safeguards and environmental protection laws in

India: Environmental activists opine that environment protection laws in India are
not stringent enough to address the issues relating to either domestic waste or
imports of hazardous waste including ewaste. We do not have appropriate
technology to ascertain the quantum and quality of wastes in the imported items.
Environmental activists opine that environment protection laws in India are not
stringent enough to address the issues relating to either domestic waste or imports
of hazardous waste including ewaste. We do not have appropriate technology to
ascertain the quantum and quality of wastes in the imported items. Considering the
rapid growth of generation of e-waste, the MoEF has proposed to notify separate
Rules on e-waste under the Environment (Protection) Act, 1986.

2. Import of e-waste under license: As per The Hazardous Wastes Rules, 2008,
units involved in e-waste recycling are required to obtain authorization and
registration from the State Pollution Control Board concerned. Directions have

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been issued to all Central/State Government to handover e-waste generated in their
premises to authorized and registered recyclers.

3. Awareness programme: The awareness among the consumers regarding

hazardous constituents of e-waste can be created through active propaganda in
print & electronic media and strong extension programmes. The awareness through
media may not be feasible by the producers individually. This task may have to be
taken up by agencies like Municipal Bodies/State Pollution Control Boards and
Central Pollution Control Board. The MoEF provides financial assistances for
conducting trainings, workshops, conferences on issues related to waste
management including e-waste through industrial associations, CPCB, SPCBs and
reputed institutions .

4. Choosing safer technologies and cleaner substitutes: For instance, mercury

substitutes are being used in batteries and medical equipments in the developed
countries. Digital thermometers, digital thermostats or other devices using mercury
substitutes are becoming widely popular For effective e-waste management, it is
necessary to quantify and characterize this waste stream, identify major waste
generators and assess the risks involved. A scientific, safe and environmentally
sound management system, including policies and technologies, needs to be
developed and implemented. It is, therefore, pertinent for the Government to keep
an inventory of all e-waste and also the stock of hazardous metals like mercury so
that their trade and use can be regulated.

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 SOME LEADING CASES OF NGT

Mahendra Pandey v. Union Of India & ors.1

This case is filed by the former scientist at CPCB Mahendra Pandey. He had stated
in the petition that CPCB team made a surprise inspection in Moradabad and found
that illegal processing of e-waste was going on at many places and the same was
being dumped into the Ramganga. The Ramganga originates in Pauri Garhwal
district of Uttarakhand and flows to Kannauj, where the river merges with the
Ganga.

The counsel representing the petitioner side, Gaurav Kumar Bansal, submitted an
application stating that a team of pollution control board officials had taken limited
samples in the vicinity of Ramganga on October 1, 2015. The samples of surface
water, ground water, soil and sediments were collected at different locations for
analysis of heavy metals. The analysis of surface water samples indicated presence
of heavy metals, including iron, zinc, copper and mercury.

On submission of the above report to a competent authority, CPCB directed that

the samples of Ramganga be taken again during a surprise inspection. The report

1
Mahendra Pandey v. Union of India & ors., (2017)

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of the surprise inspection, conducted on March 15, 2016 reconfirmed the findings
of the earlier report and establishes that soil, sediment, drain and surface water
along the banks of the Ramganga were contaminated with a high concentration of
heavy metals due to unauthorized processing of e-waste by locals in nearby
residential areas.

The petitioner also reported that extremely high concentration of metals were
present in the water and had seeped into the fish in the river. The lead level was
found to be a staggering 20-25 times more than the permissible limit while
cadmium was up to 15 times more than the permissible limit in Moradabad.
During its second phase, which was concluded in May 2016, it was found that
33.3% of the fish in Ramganga had parasitic infection. The researcher warned of
lead penetrating into human beings through food chains and could cause learning
disabilities, impaired protein and severe anaemia while cadmium could cause renal
failure and other diseases in humans.

"After hearing an original application filed by Mahendra Pandey, the NGT on

Friday ordered CPCB and UPPCB to jointly inspect and file a report on the issue
of e-waste burning on the banks of the Ramganga in Moradabad. The tribunal said
that e-waste burning on the river banks cannot be allowed. It was stated in the
petition that CPCB also gave direction to Moradabad DM to control the illegal
activities near Ramaganga but he did not take action in this connection. Large
number of people are involved in unscientific dismantling, crude chemical leaching
of printed circuit boards, burning of wires/waste electrical and electronic
components, grinding of residues, washing of metal rich residue (milled black
powder) on the banks of Ramganga," said advocate Gaurav Kumar Bansal, who is
representing the petitioner.

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National Green Tribunal (NGT) in this case directed Central Pollution Control
Board (CPCB) and Uttar Pradesh Pollution Control Board (UPPCB) to jointly
inspect and file a report on the issue of e-waste burning on the banks of river
Ramganga in Moradabad. A bench headed by NGT Chairperson Justice Swatanter
Kumar directed officials from the Environment Ministry, Central Pollution Control
Board (CPCB) and state pollution control board to jointly inspect the area and
submit a report before March 24.

In the meanwhile, the joint inspection team of CPCB, UPPCB and Ministry of
Environment and Forests would submit a report before the tribunal which will
report amongst others whether direction issued under Section 5 of Environment
(Protection) Act, 1986 by CPCB have been complied within its entire spirit or not
and what is the status of pollutant being dumped and burning on the flood plain
of Ganga as well as the status of the illegal industries, the bench said.

The plea had sought setting up a monitoring committee to ensure prohibition of

illegal electronic waste processing along the river and placing on record all
relevant material and documents relating to the steps taking by authorities to
prevent the pollution in the river.

Nagrik Upbhokta Margdarshak Manch Vs. State of Madhya Pradesh & ors

Facts:-

This petition is being filed as a Pro bono publico to the effect that E-Waste
has posed a challenge before the global community at large. In todays time
E-Waste is the fastest growing waste stream(4% per year).

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 Petitioner no.1 is a registered society having its main object for the welfare
of the citizens . This society is registered in Jabalpur. Shri. P.G. Najpande is
the president of the petitioner No.1organization. Petitioner no.2 is the young
wing of the present society.

The present petition under Article 226 of the Constitution of the India has
been filed by Public Interest Litigation (P.I.L) to the effect that the
respondent regard to management of E-Waste in the state of Madhya
Pradesh.

The petitioner is filling here with The Global Impact of E-Waste as

published by International Labour Organisation, Geneva, 2012 which covers
the risk of human health environment.

It is pertinent to mention that looking to the seriousness of the issue the local
media namely Patrika dated 13/2/2012 had written an article in which it
was mentioned that only in the state of Madhya Pradesh in Jabalpur city,
2,15,053 kgs. E-Waste is being deposited every year and the Government is
not making any scheme to remove this E-Waste.

The petitioner, looking to the seriousness of the issue and for

implementation of The E-Waste (Management and Handling) Rules, 2011
made a representation to Madhya Pradesh Pollution Control Board, Bhopal
on 14/6/2013 but no action whatsoever has been taken by the authorities.

Therefore, it is crystal clear that the authorities are sitting over the matter
and are not implementing the rules The E-Waste (Management and
Handling)Rules,2011

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Grounds of the Petition:-

That the Government of India drafted rules namely The E-Waste

(Management and Handling) Rules, 2011 which came into effect from
1st may, 2012 but the rules have not been implemented in the State of
Madhya Pradesh.

Issued raised:-

State government is not serious about the E-waste disposed... Due to the
Negligent behaviour of the Government and their administration, the life
and health if human being is in risk and the environment is degrading day
by day due to the E-waste.

Madhya Pradesh Pollution Control Board has put up forward a frame

work for effective management of E-wastes in the state but unfortunately,
only in the city of Indore e-waste management has been implemented. In
other cities such as Bhopal, Gwalior, Jabalpur nothing has been done
since 1st May, 2012 when the rules 2011 came into effect.

In the High Court of Madhya Pradesh:-

This P.I.L has been filed on 23/8/2013 in the principle bench Jabalpur of Madhya
Pradesh High Court under Article 226 of the Constitution of India.

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After hearing the case Honble High court on the date of 2/12/2013 said that
considering the nature of grievance made in the petition, we are of the opinion that
the matter ought to proceed before the National Green Tribunal keeping in mind
the provision contained in the NGT Act 2010 and the decision of the Apex Court in
the case of Bhopal Gas peedit mahila udyog sangathan & ors. Vs Union of
India2.

Before The National Green Tribunal:-

This case place before The National Green Tribunal, Central Zone Bench,
Bhopal on 18/12/2013.

On 19/12/2013 NGT issued notice to Applicant as well as their counsel and

to the respondentcounsel of the state.

On 24/1/2014 Honble court said that the issue involved in this matter is of
substantial importance not only with the state of MP but also in the other
two states falling with in the jurisdiction of this bench. Court issued notice to
the state of Rajasthan and Chhattisgarh to present their learned counsel in
the court on the next hearing date.

On the date of 24/7/2014 the Applicant raises an issue regarding the disposal
of imported Chineseelectronic goods. Hon'ble Court said that this issue can
not be resolved unless the Ministry of Environment & Forest and Ministry of
Commerce & Industry are made party to the present petition . Amended
memo of parties be filed with in two days.

Prayer:-

2
AIR 2012

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 Pass a writ of Mandamus commanding the respondent to immediately
implement the effective management of E-Waste in the state of Madhya
Pradesh.

Mandamus commanding the respondent that the Madhya Pradesh

Pollution Control Board to prepare the guidelines for effective
management of E-Waste immediately.

Mandamus commanding the respondent to open the collection centres at

Bhopal, Gwalior, Jabalpur for E-Waste.

Mandamus commanding the respondent to submit complete action taken

report periodically before this Hon'ble Court.

Any other appropriate writ, order or direction which this Honble Court
may deem fit.

Judgement:-

Honble National Green Tribunal issue the following directions to the

respective stake holder:-

Direction for the Producers to follow : to comply with the requirement of

the rule 4 in respect of the items listed in Schedule I of the Rules of 2011
with regard to collection of E-waste, enforcing and implementation of EPR,
setting up Collection Centres and system of take back, developing and
financing arrangement, which shall be transparent, for environmentally
sound management of E-waste of its own products, providing contact
details under rule 4 (5) of authorised collection centre to consumers and
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 creating awareness through publication i.e. advertisement, posters and other
means of communication.

Responsibility of State Pollution Control Boards : The State Pollution

Control Boards shall inter-alia ensure that the Producer who offers to sell
EEE listed in Schedule I of the Rules under their own brand or imported
shall obtain authorisation as required under Rule 9 of Rules of 2011. For the
aforesaid purpose the Producers shall submit all the necessary information
with regard to setting up the Collection Centers, Dismantling units
including authorised Dismantler and setting up of authorised Recyclers in
respect of each of the products for effective enforcement of the rules. The
guidelines issued by the CPCB, for the implementation of E-waste Rules
2011 providing for the role of State Pollution Control Boards shall be
adhered to.

Consumer, Dismantler, Recycler shall all comply with the requirement of

rules and condition of the authority failing which the respective State
Pollution Control Boards shall take steps for Suspension/Cancellation of
Authority in respect of holder of such Authority as empowered under Rule
10 of Rules of 2011.

The State Pollution Control Boards shall issue notice to all stakeholders i.e.
Producer, Bulk Consumer, Dismantler, Recycler for getting themselves
registered as required under the Rules of 2011 and for submitting necessary
information by way of complying with the requirement under the Rules for
getting the registration done. The application for registration shall be
submitted by the Producer, Dismantler and Recycler within 45 days of the
receipt of notice from State Pollution Control Board.

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 The Notice shall be issued by the State Pollution Control Boards of all the 3
states within 2 weeks of the receipt of this judgment.

The State Pollution Control Boards of Madhya Pradesh, Chhattisgarh

&Rajasthan, along with the respective State Governments shall submit,
within 4 months from the date of receipt of the judgment, the action taken
report with regard to the implementation of the Rules, 2011.

Conclusion

Overall this internship has been an excellent and rewarding experience. I have
been able to meet and network with so many people that I am sure will be able to
help me with opportunities in the future. I can conclude that there have been a lot
Ive learnt from my work at NGT. Needless to say, the technical aspects of the
work Ive done are not flawless and could be improved provided enough time.

The main things that I learnt from the internship are:

Time Management: As we know that every person is always racing against

tight timeline and packed schedule, a proper time management will
minimize facing overdue deadlines. An effective time management allows
us to do our assignment efficiently and meet our schedules. Scheduling
avoids time wastage and allows us to plan ahead and gaining more as a
result.

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 Team work: In working environment, teamwork is vital in contributing to a
strong organization. Teamwork is also essential in reaching the goals of the
organization as an entity. Thus, communicating and sharing is much needed
in the working environment. Therefore, we should be respecting each other
in work, and working together as a team, instead of working alone. This is
because working together as a team is easier in reaching our targets, rather
than operating individually.

Making questionnaire: As a lawyer it is very important that we should know

how to question our client and also to higher authorities. By seeing the court
proceedings I understand how the questionnaire is prepared and put forward
before the judge.

Critical and analytical thinking: To organize our tasks and assignment, we

need to analyze our problems and assignment, and to formulate a good
solution to the problem. We would have to set contingency plan for the
solution, so that we are well prepared for the unforeseeable situations.

Goal Management: Opposing to a Herculean goal seemed to be reachable at

first sight, it is better to sub-divide the goals to a few achievable tasks, so
that we will be gaining more confidence by accomplishing those tasks.

Reading the judgment: During the internship I learn how to read the
judgment which is very important in the legal world.

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 Drafting report: In the internship we have to draft the report for the given
case which help us to know how to draft the report.

All these qualities cannot be taught in the college. These can only be learnt
by doing internship which helps me in the future.

Experience Sharing

The internship is a great experience and I learn a lot of things during the
internship. The first thing that I observe during the internship is that there is
lot of atrocities present in our country which needs to be removed.
I also observe that the people avoid getting into the legal proceedings as they
thought it is very costly and timing consuming. To make judiciary more
powerful we need to eradicate this problem from the society.

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