X Semester Moot Proposition & Project Topics 2019-2020

Vindia is a State in the Union of India. Its capital is Shivpuri, lying on the bank of
river Pious, is its Capital. The state has population of about 2.6 Crores. Its literacy rate is
95%. The State is very rich in the natural resources. 55% of its total area is covered with
forest .The river Pious that flows across the State, irrigates 65% of the agricultural land and
75% of its forest. This river also connects four major cities of the State with Shivpuri.
Approximately 70% of the population of the State depend on this river for drinking water.
Water supply for Shivpuri, as well as to the other four major cities of the State is by this
river. The economy of the State is based on three sectors viz. agriculture, industry and
services equally. The people of Shivpuri are very conscious of and concerned about the
environment.

Kailash Nath temple is a very famous temple in Shivpuri. It was established in 1730
AD by a private trust named Kailash Nath Temple Trust. The chief priest of the temple is
called Dharmadhikari. A large number of devotees come to the temple every day. There is a
Holy Tank situated in the premises of the temple. It is believed that the tank has the blessings
of Lord Shiva, and the dip in that can purify the person and all the sins get washed away.
This attracts a large number of people not only from the State but also from all over the
country. This temple trust organises a Kumbh Mela in the Chaitra month of Hindu calendar,
every year. On this auspicious occasion of Kumbh Mela lakhs of devotees come to the temple
and take a dip in the Holy Tank in the premises of the temple. The magnificent architecture of
the temple and the serene landscape around the temple, deep religious faith and beliefs have
been the reasons for the people from all over the country, flocking into the shrine. The
temple also gets a huge amount as donations and offerings. The temple authorities are a
dedicated lot, taking meticulous care of the upkeep, maintenance and improvement of it.

The temple trust is also making efforts to make people aware of the environmental
problems and encourage the people to protect the same. The charismatic Dharmadhikari,
who delivers religious discourses every evening in the temple, also devotes sufficient time
to educate the people about the environment and the ways and means of effectively dealing
with the problems, affecting the environment. His deep philosophical insights and deep
ecological instincts have been a source of inspiration to the people, cutting across religious
denominations, political inclinations and intellectual capabilities, in the country. His efforts
have been the one of the major reasons for the heightened environmental awareness among
the citizens of Vindia.

A large number of people, take a dip in the Holy Tank, that lies adjacent to the temple
and offer Puja materials, milk and flowers to it. Every Wednesday, the temple is closed for
cleaning the Tank and its surroundings. However, owing to huge and unmanageable crowds,
making various offerings to the Holy Tank, every day, the temple authorities have found it ,
despite their best efforts, very difficult to manage and clean it , effectively and efficiently.
There have been reports of incidence of water borne diseases and skin conditions, relatable to
visit to the temple precincts and dip in the Tank.
A group of Public-spirited persons submitted a complaint over the prevailing
condition to the municipal and health authorities and the Pollution Control Board on 10 th
4th All Delhi (NCR) Moot Court Competition, 2006
October 2011, demanding immediate action. The municipal authorities, assisted by the
Pollution Control Board, with the object of taking water samples for the purpose of
subjecting it to tests, sought entry into to the temple .They were denied entry , as the temple
authorities felt that such access and action would affect the sanctity of the place and that all
the alleged claims about the effect on health and hygiene were baseless as the therapeutic
value of the tank remained intact owing to divine powers existing in the temple and the
periodic actions taken by the temple authorities . The robust health of the temple dependent
community was a clear testimony for the same. Nevertheless, the Temple Authorities
promised to get the Holy Tank cleaned thoroughly and on 25th October 2011, they submitted
to the municipal authorities a report regarding the cleaning of the tank. In the report, they
stated that the water of the Tank was first drained into the river Pious and the fresh water
from the river has been filled in. But neither the floor of the Tank was left to dry once nor
any chemical was used to disinfect it. This report was found true. After fifteen days of
cleaning of the Holy Tank, there were reports of incidence of a few water borne disease
cases, in the surroundings.. Relating them to the water in the Holy Tank, however, could not
be conclusively established.
In the last week of October, 2019, a mini Kumbh Mela is scheduled and around two
lakh people are expected to take a dip in the Holy Tank. Public pressure is mounting to clean
the Holy Tank before the event. The State Government asked the State Pollution Control
Board to take immediate steps to clean the water. National Environment Engineering
Research Institute (NEERI) has offered a chemical-free process to clean the tank , at no cost
to the Temple Authorities. The trust refused the access to NEERI and also to the State
Pollution Control Board. The Board authorities tried to have the access to the Tank forcefully
with the help of the Police, but the devotees protested strongly on the call of the
Dharmadhikari. To avoid any serious incident and to maintain the peace in locality, the State
Pollution Control Board authorities, made a tactical retreat.
In the meantime, the temple authorities had commissioned a cleaning work for the
second time, on their own and completed it within two days. Despite the effort, reports of the
spread of the said medical condition continued to pour in. Demand for the State take-over of
the Temple Premises was stepped up by quite a few people as the Temple authorities failed in
their efforts in abating the nuisance, pollution and take care of public health.

A Non-Governmental Organisation (NGO) called ‘Enviro-Protection Forum’ has

filed a Public Interest Litigation on 10 th September 2019 in the Hon’ble High Court of
Vindia calling for immediate action from the State Government to clean up the temple Tank
before the Kumbh Mela or if is not cleaned properly by then, the dip in the Tank should not
be permitted. The NGO has also pleaded before the Hon’ble High Court to direct State
Pollution Control Board to take immediate action against the temple trust for discharging the
polluted water into the river Pious without treating it.

The trust pleaded before the court that they have cleaned the Tank twice in last three
months, so there is no question of pollution in the tank. If the State authorities are allowed to
clean the Tank, it will certainly affect the sanctity of the temple and hence would be violative
of their fundamental rights to practice and profess their religion.

The participants are advised to frame the issues based on the facts given above and
argue the case on 29th September 2019
Project Topics

1. Comparative Wildlife Protection Laws- India and Tanzania- Kamongla

2. Comparing Air Pollution Laws- India and China- Adrita
3. Comparing Animal Welfare Laws- India and USA- Katyani
4. Comparative EIA Laws- India and Brazil- Seemansh
5. Comparative Analysis of Carbon credit system between India and China-
Sourabh
6. Comparative Disaster Management Laws- India and Japan- Rudra
7. Transnational Wildlife Crimes- India and S E Asia- Rohit
8. Biodiversity related Laws of India and Canada- Reynold
9. Rights of indigenous people and Forests- The comparative legal analysis of
Aboriginals of Canada and ST Forest dwellers of India (any state)-
Pushpanjali
10. Coastal management laws of India and A Small Island Country (any one
state)- Filzah