5th National Moot Proposition

From the beginning of the modern environmental movement in the late 1960s, it has
been clear that a healthy environment is necessary for the full enjoyment of human rights,
including the rights to life and health. The United Nations General Assembly, in its resolution
has decided to convene the First International Environmental Conference on the environment,
noting its concern about the effects of “the continuing and accelerating impairment of the
quality of the human environment on the condition of man, his physical, mental and social
well-being, his dignity and his enjoyment of basic human rights, in developing as well as
developed countries”. The roots of this new human right can be traced back to the Declaration
of the United Nations Conference on the Human Environment (Stockholm Declaration) of
1972, in which, in the very first principle, it is stated that “man has the fundamental right to
freedom, equality and adequate conditions of life, in an environment of a quality that permits
a life of dignity and well-being, and he bears a solemn responsibility to protect and improve
the environment for present and future generations”. This Stockholm Declaration is considered
to be the magna carta of Environmental law and it got the significance parallel to that of the
Universal Declaration on Human Rights of 1948. The conference of Stockholm was attended
by the State of Gangania also and thereby amendments were introduced in the Constitution of
Gangania in compliance of Stockholm Declaration. It introduced responsibility on part of both,
State and citizens to protect and improve the environment.

In recent decades, human rights bodies have elaborated on the understanding that a
healthy environment is of fundamental importance to the full enjoyment of a vast range of
human rights. Treaty bodies, regional tribunals, special rapporteurs and other international
human rights bodies have described how environmental degradation interferes with specific
rights, including the rights to life, health, food, water, housing, culture, development, property
and home and private life. In effect, they have “greened” existing human rights. They have also
explained that the obligations of States to respect, protect and fulfil human rights apply in the
environmental context no less than in any other. It has been maintained that no State should
ever seek to withdraw from any of its international obligations to protect against transboundary
or global environmental harm. Finally, human rights law requires States to take special care to
respect, protect and fulfil the rights of those who are most at risk from environmental harm.
 Indigenous peoples are particularly vulnerable to environmental harm because of their
close relationship with the natural ecosystems on their ancestral territories. The United Nations
Human Rights Council has adopted a landmark resolution recognizing that a clean, healthy and
sustainable environment is a human right. The Human Rights Council resolution is a watershed
moment in the fight against the triple planetary crises of climate change, biodiversity loss and
pollution.

II

Gangania, officially the Republic of Gangania is the seventh largest country by area
and the second most populous country in the world, governed by democratic parliamentary
system. It is a pluralistic, multilingual and multi-ethnic society. Gangania is a megadiverse
country, having habitat for 8.6% of all mammal species, 12.2% of fish species, and 6.0% of all
flowering plant species. According to official statistics, Gangania's forest cover is
713,789 km2 which is 21.71% of the country's total land area.

In the Republic of Gangania, the State of Gondwana is an agrarian state with

widespread fields cultivating food crops. It caters to 40% of the requirement of food grains in
the country and also exports food grains to other neighbouring countries. Every rabi season,
the farmers of Gondwana set the fields to fire to clear the land for fresh produce. Despite
directions of the Union and the State Government to adopt alternative measures, such as using
happy seeders, for various factors, the farmers continue burning the crop.

The adjacent State of Cholapuram is a desert, semi-arid State wherein large-scale

mining of sandstone is carried out. Sandstone, being easy to work, is used widely by the
construction industry. Despite regulations and several orders of the National Green Tribunal,
illegal sand mining is rampant and the State Government has not been able to completely tackle
the problem.

Surrounded on the borders on two sides by the States of Gondwana and Cholapuram is
the small State of Chitralok, which a landlocked State. The State of Chitralok does not have
any industries of its own but being centrally located in the country and an important
administrative center, houses several Ministries and Government offices due to which it is
thickly populated. The State of Chitralok is also renowned for its architectural heritage, being
the capital of the country in the medieval times and houses some of the finest monuments of
the country of international fame. Several tourists visit Chitralok round the year for its heritage
and architectural beauty. Due to heavy population and tourism, traffic clogging and mounts of
garbage are a common feature in the State.

The State of Chitralok has been facing severe problem of smog, especially during the
winters months for the past 4-5 years continuously with AQI reaching as high as 600 (severe)
on certain days. Due to the smog and dust, many children have been diagnosed with respiratory
diseases in the recent past in the State. The smog percolating in the moisture and eventually
reaching the ground water table is also contaminating the drinking water available in the State.
Unhealthy environment has led to a downfall of tourism and affected the revenue of the State.
Several international conferences and events had to be cancelled recently as the foreign
dignitaries expressed their reservations in staying at Chitralok apprehending health risk due to
excessive smog. Graded Response Action Plan (GRAP), though implemented at immediate
measure, has failed to achieve the desired result. Smog towers are also ineffective due to
constant heavy traffic and population pressure. Waste disposal continues to be a challenge and
the garbage heaps add to polluting the air and spread of diseases.

III

Shaurya, an environmental activist was born to Subodh Dixit and Sangeeta Dixit in
Chitralok in 2003. Shaurya passed his senior secondary exams in 2021 from Convent School
Zorabad Road Chitralok. Having suffered poor health and problems with lungs because of the
air pollution in Chitralok motivated him to work for the environment. He started to Plant a
Million trees initiative in 2016. In 2019, Shaurya had also filed a complaint against Gigamon,
Goodskart (Online shopping Websites) with National Green Tribunal concerning the excessive
use of plastic and card boxes for product deliveries. Now, he filed a plea before Supreme Court
of Gangania to sought directions concerning the poor air quality in Chitralok.

IV

The State of Chitralok has preferred a writ petition before the Supreme Court of
Gangania against the State of Gondwana and the State of Cholapuram. It is the case of Chitralok
that crop-burning and mining severely contaminate the air and deteriorate the climate of
Chitralok as the smoke and dust generated from these activities is carried to Chitralok. The
State of Chitralok has prayed before the Court to injunct Gondwana and Cholapuram to burn
crops and mine sandstone respectively. Additionally, it seeks compensation for loss of human
health and life, loss of ecology, damage to monuments and archaeological heritage and for
environmental restoration in the light of the principles of ‘environmental rule of law’ and
‘sustainable development’.

The States of Gondwana and Cholapuram in reply challenged its maintainability before
the Supreme Court. They contend that acts of individual polluters cannot be attributed to the
State. Additionally, they allege that loss of environment, ecology and architectural heritage
cannot be attributed to Gondwana and Cholapuram as, on account of excessive tourism, traffic
and waste accumulation, the State of Chitralok is conducting its activities beyond its ‘carrying
capacity’ resulting in air and water pollution and gradual destruction of ecology.

The petitions filed by the State of Chitralok and Shaurya Dixit has been clubbed by the
Supreme Court of Gangania and listed for hearing before itself. Present your arguments on
behalf of Petitioner and Respondent.

The Constitution of Gangania is in pari materia with the Constitution of India.

Disclaimer: It is a hypothetical proposition and neither intends nor attempts to resemble

any incident or any person living or dead. Any resemblance to any incident or person is not
intended but merely a coincidence. It is framed purely for academic purpose.

(Map enclosed)