MAHARASHTRA NATIONAL LAW UNIVERSITY, NAGPUR

B.A.LL.B.(Hons.) Five-Year Integrated Degree Course

Year-IV Semester-VII: Academic Year: 2022-2023
End-Semester Examination (November-2022)
BAL7.4 ENVIRONMENTAL LAWS-II

Total Marks: Fifty (50)

Instructions:
1. Read the questions carefully and answer.
2. No clarification shall be sought on the question paper.
3. Use the Answer File Template sent by Examination Section and fill the necessary
information.
4. Writing Name, UID, and/or any other identity indicators inside the Answer File is strictly
prohibited.
5. Answer File in MS Word shall be submitted through ERP login only as per the notified
schedule.

Note: Total No. of questions are SEVEN (7). Attempt any FIVE (5) questions.
1. The Thiruvananthapuram district of Kerala is home to the Vani tribals, a historically nomadic
people who live mostly settled lives in the forests of the Agasthyamalai hills of the Western
Ghats (a mountain range in south-western India). The Kerala government established the
independent research and development organisation known as the Plant Research Institute
(PRI) in the state of Kerala. One of the main objectives of the institute is to conduct botanical,
chemical, and pharmacological research for the creation of herbal pharmaceuticals that are
standardised and validated by science. The scientists of PRI were inspired by the Vanis’ use
of a fruit from a plant known as Trichopus zeylanicus travancoricus to study the plant’s fruit
and determine its active components. After that, in 2015, PRI created a medication from the
same called Jeevani.
The government wants to share the benefits of the utilization of this medicine with Vanis
because it was discovered with their help. Discuss the nuances of benefit-sharing mechanism
in India. 10 Marks

2. In order to combat climate change, India signed the United Nations Framework Convention
on Climate Change (UNFCCC), the Kyoto Protocol, and the Paris Agreement. Thereafter,
India framed a national action plan on the issue in 2008 and submitted its intended nationally
determined contributions (INDCs) as a party to the Paris Agreement. Ms. Neha is a public-
spirited lawyer who wants the government to implement strict climate change regulations.
She has approached NGT regarding the same. Comment on the likelihood that her claim will
be successful and debate if NGT is the right platform to discuss such matters. 10 Marks

3. Rohan was roving the forest with an axe in his hand without a permit from the chief wildlife
warden. He suddenly spotted a tiger in dangerous proximity and ended up killing it. Then,
without informing the authorities, he took the skin of the animal out of the woods and kept it
in his possession. When prosecuted, he contended that he killed the animal in self-defence
and in good faith.

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 Mention the provisions of Indian Penal Code, Criminal Procedure Code and other
environmental legislations under which Rohan can be booked. You can cite relevant case laws
to support your answer. 10 Marks

4. According to the WLPA, 1972, Asiatic Wild Buffalo is a Schedule I mammal. Additionally,
it serves as Chhattisgarh’s state animal. The population of this species has decreased due to
an increase in man-animal conflicts, interbreeding with domestic buffalos, and illegal
activities in Chhattisgarh’s protected regions. So, under Section 32 of the Indian Constitution,
a writ petition was filed to order the State to manage this endangered species according to
scientific principles. The lack of funding, according to the administration, prevented it from
scientifically managing this species. Determine if lack of funds qualifies as a good excuse for
the state to avoid accountability under Section 48A of the Indian Constitution. To support
your answer, cite pertinent court decisions. 10 Marks

5. Central Government issued an order banning possession of mammoth ivory and articles made
from it. In 1991, amendments were made to the Wildlife Protection Act, 1972, completely
banning the sale of imported ivory products in India. The provision that prohibited them from
dealing and keeping ivory that was taken from African elephants was contested by the
petitioners. They argued that because they were only traders and the ivory was shipped legally
to India, there was no harm done to African elephants. They argued that the Wildlife
Protection Act of 1972 and the Wildlife Protection Amendment Act of 1991 violated their
right to practise any profession and to engage in any occupation, trade, or business, which is
protected by Article 19(1)(g) of the Indian Constitution. Henceforth, they challenged the
constitutional validity of these laws.
Comment on the admissibility of such arguments before the appropriate forum with the help
of decided case laws. 10 Marks

6. In practically every city, the transportation sector is the main source of air pollution, but this
problem is exacerbated in metropolitan areas. This might be because there are more vehicles
than there are roads, gas stations, and passenger terminals for public transportation, among
other infrastructure facilities. Motorized transportation grew in India from 0.3 million in 1951
to 159.5 million in 2012. Urban areas like Delhi, Mumbai, Bengaluru, and Kolkata account
for a sizable portion of vehicle emissions. The three main pollutants (>80%) from vehicle
emissions are carbon monoxide (CO), NOx, and NMVOCs. Methane (CH4), carbon dioxide
(CO2), sulphur oxides (SOx), and total suspended particles are some other trace emissions
(TSPs).

Road traffic emissions are one of the main causes of air pollution in urban areas. The main
source of PM emissions in Delhi (37%), Mumbai (30%), and Kolkata (61%), respectively, is
road dust. The biggest source of PM2.5 in Bengaluru (41%), Chennai (34%), Surat (42%),
and Indore (47%) is from the road. In the Indian context, extreme lack of exhaust measures,
the highly heterogeneous nature of cars, and low fuel quality are some of the key contributors
to excessive traffic emissions.

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 The Central Government framed a Vehicle Scrappage Policy in 2021 and imposed green
tax to address vehicular pollution in India. Critically analyse these policy decisions and
suggest improvements in the same. 10 Marks

7. On the occasion of Chhath puja, devotees were bathing in the Yamuna river at Kalindi Kunj
in Delhi. However, the river was covered in an unsettling white, poisonous foam. The holy
river’s water was scarcely discernible. A concerned person brought a writ petition under
Article 226 of the Indian Constitution, citing violations of Article 21, other fundamental rights
guaranteed by the Indian Constitution, and provisions of numerous environmental legislations
in India. He claimed that industrial pollutants, which resulted in higher ammonia levels and a
high phosphate content, were to blame for the dangerous foam that could be seen floating on
the Yamuna river. Additionally, untreated sewage was dumped into the river. Hence, he
prayed that a mandamus should be issued to the concerned authorities for removal of pollution
from Holy River Yamuna.

Prepare all of the petitioner’s additional arguments for submission before the High Court.
10 Marks

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