Month: February 2023

Constitutional Provisions for Environmental Protection in India

Introduction

The ecosystem and all living things are under severe threat from the rapid growth in global warming, deforestation, air, water, and other types of pollution. All living things, including people, plants, and animals, are negatively impacted by the environment’s degradation as a result of a wide range of human activities.Because a healthy environment is essential to sustaining human health and because everyone has a right to a healthy environment, the concept of environmental protection has been given fundamental significance. Environmental protection safeguards everyone’s health, and a healthy person fosters the vitally required environmental growth. To live in an environment which provides a pollution free atmosphere is not only a basic human right but also enhances human dignity. Principle of sustainable development is one such approach which if followed can fulfil the basic human right of having a dignified life.

The preamble of the constitution and environment protection

The Indian Constitution’s Preamble opens by proclaiming that the Indian people earnestly pledge to establish India as a socialist nation. This shows that our Constitution gives us access to a socialist social structure. attempting to address and address society problems first, rather than focusing on personal issues. What is best for the general population is crucial in this situation.

Socialism is the primary goal of the Preamble, and it is the state’s duty to carry it out by enacting strict regulations to rid the environment of all sorts of pollution. The state also has a duty to ensure that all living things have access to a good level of living in addition to a pollution-free environment. All the citizens of India intend to secure freedom which also includes securing justice. Justice can be interpreted and sought in many forms. Thus, citizens have a right to environmental justice. Increasing degradation of the environment is posing a great threat to the lives of living beings and hence, protecting the environment is becoming a crucial in each day of life because ignoring it would pose a serious threat to the environment at large.

The state is required to abide by all regulations, and because India is a Democratic Republic, its citizens have a very important right to scrutinize the state’s behaviour and the steps the government takes periodically to restore the environment..

Legislative powers and matters of environmental protection

Under the Indian Constitution, there are three types of lists, namely- Union, state and concurrent. Powers of the government are shared at the state and union level. Central government deals with the matters of union list, where state government deals with the matters of state list. Thus, the exclusive power to legislate the matters of union list, which is the list I, is with the Parliament. State list which is the list II covers matters like, sanitation, the health of the public, drainage, supply of clean water etc. It covers matters relating to defence, military, atomic energy, regulation of oil fields, air traffic etc.

The concurrent list’s (list III) issues fall under the purview of both the state and the federal governments. It addresses issues including population management, mine preservation, forest and wildlife protection, and many others. Nonetheless, if a dispute arises, the central government’s decision is final.

Part XI of the Constitution deals especially with the interactions between the national and state governments in terms of legislation and administration. The country’s Parliament, as opposed to each state’s state government, has the authority to enact laws that apply to the entire nation.

In the situation of national emergency, Parliament has the power to legislate the state subjects also. The division of these legislative powers is essential to make provisions which can deal with environmental problems. There are various projects taken up by the state to develop the environment but they might pose a serious threat to the environment. In such circumstances there is always a conflict between development and environment protection and such matters are dealt through the Environment Impact Assessment (EIA). This has also been recognized by the planning commission.

International Environmental Agreements

India has been a signatory to a myriad of international agreements pertaining to environmental preservation. Because it was agreed upon in the Stockholm Declaration in 1972 that there is only one environment on Earth. India is required to translate these provisions and implement them in the nation as a signatory to such international agreements. The Indian Constitution’s Article 51(c) makes it very apparent that the country must promote adherence to international law and treaty responsibilities..

Article 253 of the Constitution, which gives the Parliament of our nation the power to pass laws that can be applied to the entire or any territory of the country for implementing any agreement or convention signed with the other country or countries, is another crucial provision that deals with protecting the environment.

Parliament may also pass laws to carry out decisions made at international conferences. Any provision made in connection with environmental protection in line with Article 253 read with Articles 13 and 14 cannot be contested in court on the grounds that the legislator lacked the authority to make the provision.

It is important to be aware that Parliament passed the Environment Protection Act of 1986 and the Air (Prevention and Control of Pollution) Act of 1981 in order to employ this power. The Preamble of these statutes makes it abundantly plain that the goal of their passage was to put into effect the resolutions made at the 1972 Stockholm United Nations Conference on the Human Environment.

In Vellore Citizens’Welfare Forum Vs. Union of India, the supreme court held that it is essential to incorporate the international customary laws in the municipal laws, provided they are not contrary to them. It is an accepted principle of law. Thus, it was considered essential to follow international laws by the domestic courts of law.

Obligation of State and Environmental Protection

In order to serve the interests of the voters who chose them, the authorities have a duty to uphold the law and maintain order. According to Article 47, the state is required to take into account the rising level of nutrition and standard of living of its citizens. Also, the state’s main responsibility is to promote public health. Alcohol and drug use, which can be harmful to the health of living things and seriously endanger their lives, must be outlawed by the state, with the exception of for medical reasons.

From the word “responsibility” it can be interpreted that state shall take effective, adequate and necessary steps to improve the health and standard of living of all and promote awareness in the context of environmental protection. In the environment development projects cannot be taken up by the individuals which harm society as a whole. Thus, the state needs to keep a stringent check on these activities and projects.

The amount of pollution in the environment is constantly rising for a number of reasons. For instance, the draining of dirty water from rivers, which not only contaminates the nation’s natural resources but also harms the health of its population, is a common cause of water pollution. As a result, it became imperative to enact legislation requiring the state to safeguard the environment.

In the case of Hamid Khan Vs. State of Madhya Pradesh AIR 1997 MP 191,, the state was negligent to supply water from the hand pumps, colossal damage was caused to the citizens, which affected their health massively. Hence, due to this gross negligence on the part of the state, it was held that the state failed to perform its basic duty.

The constitution was amended in 1976. With this modification, Article 48-A was added to the constitution with the intention of providing for improved environmental protection and preservation protections. The clause in this article requires the state to safeguard the nation’s forests and wildlife as well as to maintain and improve the environment. In this article, the term “Environment” has been used in many different ways. The state must take appropriate action to improve the environment in addition to acting as a protectionist.

Every natural resource is interconnected with other natural resources of this country. Forests are directly linked with providing pollution-free air, helps in reducing global warming and is also connected with water resources. They help in maintaining the ecological balance. Thus, this resource is crucial and hence, its protection is equally important to avoid atmospheric pollution. Hence, the specific insertion of this section is justified.

Obligation of citizens and environmental protection

The rights of the people are essentially what the state is required to do in order to protect the environment. Both the idea of rights and that of duties coexist. They are linked together. Citizens must conserve the environment and refrain from engaging in actions that endanger the health of the entire community as well as all other living things if they want to maintain a reasonable standard of life and a pollution-free environment.

Prior to the 42nd amendment to the constitution, the idea of rights was much more common than the idea of duties. The ultimate law of the land gave rights a higher priority than obligations. Yet, the constitution’s authors believed that both the state and its inhabitants must share responsibility for environmental protection. Moreover, people began to overlook their obligations in favour of their rights. The Constitution (Forty Second) Amendment Act of 1976 therefore included part IV-A.

Part IV-A of the constitution deals with Fundamental Duties.Article 51-A (g) specifically deals with the fundamental duty of the citizens to protect and improve the natural environment which includes forests, rivers, lakes, wildlife and to have compassion for living creatures. Like the duty of the state, it is the duty of all the citizens of not only protecting the environment but also taking measures which are adequate enough to improve the environment.

Nature has endowed us with resources and a pollution-free environment, and as such, it is the responsibility of the people to preserve these resources for future generations. As a result, the notion of intergenerational justice is crucial to the sustainable use of natural resources that protects the environment.

In Kinkeri Devi V State, Himachal High Court that in Article 48-A and Article 51-A(g) it was held that it is both constitutional pointer to the state and the constitutional duty of the citizens not only protect the environment but also improve it and to preserve and safeguard the forests, the flora and the fauna, the rivers and the lakes and all other water resources of the country.

The negligence to abide by the pointer or perform the duty is nothing basically the straight betrayal of the fundamental law of the land. In the case of betrayal, the courts cannot remain a silent spectator. A court can intervene at any time to make the implementation of the provisions by issuing writs, orders and directions as it thinks fit and necessary.

In L.K Koolwal Vs State of Rajasthan and Ors AIR 1988 Raj 2 , the municipality of Jaipur was being negligent in carrying on its basic duty of maintaining the hygiene of the state. This caused acute sanitation problem thereby leading to the to have hazardous effects on the lives of the people of the state. Mr Koolwal along with other residents moved an application under Article 226 of the Indian constitution before the high court highlighting the gross negligence of the municipality.

The court explained that, in determining the true scope of Article 51-A in this case, it is not only a duty but also a right to move to court to have a check on the government’s activities and determine whether or not the authorities are carrying out their duties in accordance with the country’s fundamental laws. For the correct execution of the obligations of the state, as well as of their relevant departments, municipal bodies, etc., citizens are allowed the right to file a court case.

Neglecting to maintain hygiene and sanitation standards poisons the environment as a whole and slowly impacts the lives of living things. This violates the citizen’s fundamental right to life, guaranteed by article 21 of the constitution, which also includes the right to a decent standard of living and a clean and safe environment. As a result, it is justified for citizens to protect their fundamental right to life from being violated. As a result, the court ordered the municipality to remove all of the filthy material that was endangering the lives and health of the populace.

In another case of Goa Foundation Vs. the State of Goa, PIL WP 32/2017 the petitioner was a society registered under the rules relating to registration of societies and its members were the citizens of India who had a fundamental duty to protect and improve the environment, lakes, forests, rivers and have compassion for living creatures as laid down under article 51-A . The question of whether the society had locus standi to move to the court or not was raised before the court.

The court answered this question in a strong affirmative, holding that society had the same fundamental obligation. The petitioner was determined to have locus standi to petition the court in order to not only stop the degradation of our ecology but also to create and carry out policies aimed at repairing the ecology and upholding ecological balance.

Public interest litigation was filed before the high court by five persons, who were residents of a specific area, in the case of Sitaram Champaran Vs. State of Bihar AIR 1960 Pat 288, 1960 (1) to seek the directions of the court for the closure of the tyre retreading plant, in the interest of public health. This plant was situated in the residential area and was emitting carbon dioxide along with other obnoxious gases causing harm to the environment. The respondents were directed to wind up the plant in the interest of environmental protection and were considered a fundamental duty under Article 51-A.

Right to life and Environment Protection

Article 21 of the constitution provides for the fundamental right of life. It states that no person shall be deprived of his right to life or personal liberty except in accordance with procedures established by law. The words “except in accordance with procedures established by law” can be interpreted to mean that this provision is subject to exception and is regulated by law which varies from case to case.

Since the provision begins with the word ‘no’ that is the reason it has been given a negative impact. But post-Maneka period this provision has been given a positive interpretation and positively casts a duty on the state to enforce the due implementation of this law. Right to life includes the right to have a dignified life and also the bare necessities of life like food, shelter, clean water and clothes. The right to live extends to having a decent and clean environment in which individuals can live safely without any threat to their lives. An environment shall be free from diseases and all sorts of infections.

This is crucial because the right to life can be fulfilled only when one lives in a clean, safe and disease-free environment, otherwise granting such right would prove to be meaningless. This aspect of Article 21 has been evidently discussed in the case of Rural Litigation and Entitlement Kendra, Dehradun Vs. State of Uttar Pradesh 1985 SCC (2) 431 , where the petitioner along with the other citizens wrote to the supreme court expressing their views against the progressive mining which denuded the Mussoorie hills of trees and forests and soil erosion. This lead to having an adverse effect on the environment and resulted in landslides along with blockage of underground water channels.

The registry was ordered by the Hon’ble supreme court to consider this letter as a writ filed under Article 32 of the Constitution.

An expert committee was appointed in this behalf by the Supreme Court to advise the Hon’ble court with some technical issue. On the basis of the report provided by the expert committee, the court provided the limestone quarries to be closed because it was infringing the right to life and personal liberty. Quarrying operations lead to ecological degradation and air and water pollution, which affected the lives of the people to a great extent.

In L.K Koolwal v. State of Rajasthan and Ors, AIR 1988 Raj 2, 1987 Rajasthan High Court held that maintaining the quality of the environment, sanitation and health is covered under the purview of Article 21 of the Constitution. Because non-compliance to do so can adversely affect the lives of many citizens and slow poisoning along with reducing the life of a citizen.

In Charan Lal Sahu V. Union of India , it was held that the duty of the state is to take adequate and effective steps for the enforcement and protection of Constitutional rights guaranteed under Article 21, 48-A and 51-A(g).

In M.C Mehta v. Union of India 1987 AIR 1086 , due to stone crushing activities in and around Delhi was causing a huge problem of pollution in the environment. The court was conscious of the inevitable consequences and the ecological problems caused due to the industrial activities in the country. In the name of environmental development, it cannot be permitted to degrade the quality of the ecology and increase different forms of pollution to the extent that it becomes a health hazard to the lives of all the citizens. It was further held that citizens have a right to fresh air and have a pollution-free environment in which they live.

Further, the scope of article 21 was broadened by the judiciary to include under its purview the right to livelihood as well. It includes the right of citizens to earn their livelihood along with the right to life. The wider interpretation of this article has proved to be beneficial in keeping a strict check on the conduct and actions of the government in the context of measures taken by the authorities to protect the environment. It is also beneficial in keeping a check on the activities of the state which can have a massive impact on the environment, health of the individuals and threat to the livelihood of poor.

Indian judiciary has been very conscious while dealing with the matters of development and the environment protection to avoid the conflict between the two aspects.

In the famous Taj Mahal Case 1987 AIR 1086, ample of industries near Taj Trapezium Zone were using coke and coal as an industrial fuel. These industries were ordered to be relocated to an alternative site as provided under Agra Master Plan. The rights and duties of the workmen in the industries were also specified by the court following the principle of sustainable development.

Right To Equality and Environmental Protection

Equality before the law and equal protection of the law has been granted under Article 14 of the Constitution. This fundamental right impliedly casts a duty upon the state to be fair while taking actions in regard to environmental protection and thus, cannot infringe article 14. In cases of exercise of arbitrary powers on behalf of the state authorities, the judiciary has played a strict role in disallowing the arbitrary sanction. Use of discretionary powers without measuring the interest of the public violates the fundamental right of equality of the people.

In Bangalore Medical Trust V. B.S. Muddappa 1991 AIR 1902 an improvement scheme was prepared by the City Improvement Board of Bangalore for the purpose of extending the city. A low-level park was to be developed for which an area was kept under this scheme. But under the direction of the chief minister the area kept for the low-level park was to be converted into the civic amenity site where the hospital was to be constructed. As soon as the construction began, the residents moved to the high court.

The petition moved in by the residents was allowed by the high court. But in appeal to the supreme court, the appellant contended that the power to allot sites is completely a discretionary one and the developing authority has the right to allow the site for making hospital rather than a park. And thus, the diverted use of the land was justified in the eyes of the appellant.

By explaining the importance of open spaces and parks in the development of urban areas, the supreme court rejected the appeal. The Hon’ble court further stated that the open spaces, recreation, playing grounds and protection of ecology are the matters of vital importance in the interest of public and crucial for the development. Keeping open spaces for the interest of the public is justified cannot be sold or given on lease to any private person solely for the sake of monetary gains.

Freedom of Speech and Expression and Environment

Right of speech and expression is a fundamental right expressly mentioned in Article 19 (1) (a) of Part III of the Constitution. There have been a number of cases where people have approached the court through the way of speech and expressing themselves by writing letters like that in the case of Rural Litigation and Entitlement Kendra, Dehradun v. State of Uttar Pradesh 1985 AIR 652where they have expressed the violation of their right to have a clean and safe environment and a right to livelihood.

In India, the media has been playing a crucial role in moulding the perception of people in issues relating to the environment. Thus, Article 19(1)(a) is interpreted to include the freedom of the press as well.

Freedom of Trade and Commerce and Environmental Protection

All the citizens of India have a fundamental right to carry on any profession or business, trade or commerce at any place within the territory of India under Article 19 (1) (g) of the Constitution. But this is not an absolute right and thus, has reasonable restrictions to it.Article 19 (6) of the Constitution lays down the reasonable restriction to this fundamental right to avoid the environmental hazards.

The purpose is to avoid the ecological imbalance and degradation of the atmosphere in the name of carrying on a trade, business, occupation or carrying on any profession. Thus, in the name of business or profession, one cannot cause harm to the environment.

InM.C Mehta Vs. Union of India, AIR 1988 SC 1037 certain tanneries were discharging effluents in the holy river Ganga which was causing water pollution. Further, no primary treatment plant was being set up despite the constant reminders. It was held by the court to stop the tanneries from working because the effluents drained were ten times more noxious as compared to the ordinary sewage water which flows into the river.

The court ordered while directing tanneries to be stopped from working which have failed to take necessary steps as required for the primary treatment of effluents from the industries. The court while passing this order contended that, though the court is conscious about the unemployment that might usher due to the closure of the tanneries but health, life and ecology holds greater importance in the eyes of law.

In M.C Mehta v. Union of India, 1994, it was directed by the Supreme Court that the industries who did not comply or adhere to, with the prior direction of the Hon’ble court regarding the installation of air pollution controlling system should be closed. In this case, the supreme court laid down its greater emphasis on Article 19(6) of the Constitution.

Ins. Jagannath Vs. Union of India, sea beaches and sea coasts were considered to be the gifts of nature, by the Hon’ble supreme court and any such activity which pollutes these natural resources or the gift of nature cannot be permitted to function. In this case, a shrimp farming culture industry by modern method causing degradation to the ecosystem, discharge of polluting effluents, polluting the potable ground-water and depletion of the plantation. All of these activities were held to be violative of constitutional provisions and other legislation dealing with environmental matters, by the court.

The court further held that before the installation of any such industry in a fragile coastal area it is essential for them to necessarily pass the strict environmental test. In other words, reasonable restrictions can be laid in accordance with Article 19(6) of the Constitution.

Role of the Supreme Court in environmental protection

In lieu of the wide range of cases dealt by supreme court with regard to environmental protection, a plethora of judgements have been passed which have laid down various principles to be taken care of before indulging in any activity which might pose a threat to the environment. Also, different aspects of the environment have been highlighted by giving them immense importance like natural resources. Air and water have been given the status of the gift of nature and inalienable part of life.

While incorporating the important features to the fundamental right provided in Article 21, certain principles were ascertained by the supreme court to be necessarily ensured for the protection of the atmosphere, which are as follows-

Polluter Pays Principle

The basic concept behind this principle is that “ if you make a mess, it becomes your duty to clean it up”. The polluter pays principle does not lay emphasis on the ‘fault’ rather on the curative approach to repair the ecological damage caused by any person or group of persons. This principle was for the first time referred to in the year 1972 in the OECD Guiding Principles concerning International Economic Aspects of Environmental Policies.

Further, this principle was also applied in the case of Vellore Citizens Welfare Forum v. Union of India. In M.C Mehta v. Union of India and Ors( Calcutta Tanneries Case) 1996 5 SCR 241, the polluter pays principle was applied where industries were directed to be relocated and these industries were ordered to pay 25% of the cost of the land.

The industries which did not pay the cost of the land and did not comply with the direction of the court were further directed to be closed. The Hon’ble court again restored to the directions which were earlier given in the Vellore Citizens Welfare Forum v. Union of India.

Precautionary Principle

Principle 15 of the Rio Declaration provides for the precautionary principle. According to this. In order to protect the environment, it is essential to apply the precautionary principle. This principle means that where there is a chance of great threat or irreversible damage to the environment, lack of full scientific certainty cannot be taken as a reason of not issuing the cost-effective methods.

In M.C Mehta v. Union, popularly known as Taj Mahal Case, was another judgment of the court passed on the basis of the precautionary principle. In this case, public interest litigation was filed alleging the degradation of Taj Mahal due to environmental pollution. Court referred the case to the expert committee to seek technical advice on the matter. On the basis of the report of the committee. This monument is a monument of international repute. The industries located in the Taj Trapezium Zone(TTZ) were using coke/coal as the industrial fuel, thus emitting effluents.

It was held by the court that, the Taj apart from being a cultural heritage, is also an industry by itself and thus, it was directed to all the industries operating in TTZ to use natural gas as a substitute for coke/coal as an industrial fuel and if they cannot be restored to it for any reason, they must stop functioning and they may relocate themselves as per directions of the .`The industries on the relocation in new areas were to be given the incentives.

The doctrine of Public trust

This philosophy is based on the idea that certain resources, such as air, water, and other necessities for daily existence, are of such tremendous significance to the general populace that giving them to private ownership is wholly unreasonable. These resources should be made freely available to every member of society, regardless of their standing in life, since they are a gift from nature. According to the idea, the government must safeguard resources so they can be used by the general public rather than being used by an individual for personal financial benefit..

Thus, commercial use of natural resources is completely prohibited under this doctrine. For the effective and optimum utilization of resources, this doctrine mandates an affirmative action of the state authorities. Also, citizens are empowered to question the authorities if resource management is ineffective.

In M.C Mehta V Kamal Nath,1997, the state government granted a lease of riparian forest land to a private company having a mote located at the bank of river Beas, for commercial purposes. The hotel management was intervening with the natural flow of the river by blocking the natural spill channel of the river. This was questioned before the court through public interest litigation. The court explained the scope of public trust doctrine and observed that the doctrine rests on the primary principle that certain resources like air, water, sea and forests have great importance to people and it would be unjustified to make them subject to private ownership.

Sustainable Development

At the Cocoyoc Declaration, the phrase “sustainable development” was first used. The Stockholm Declaration, which said that there is only one environment in the world and that man both creates and shapes it, gave it additional momentum in the years that followed. Also, the Brundtland report defined sustainable development as the best possible use of resources for both the present and the generations to come. Intergenerational equity is therefore essential. For both current and future generations, resources must be safeguarded.

Conclusion

The first section of this article lays forth the reasons why environmental protection is important, how the necessity for environmental protection came about, and the factors that contribute to ecological degradation. Many factors have been identified as important contributors to environmental pollution, human health issues, and a serious threat to the country’s other living things. The term “environment” was not specifically mentioned in the Constitution in the past, and there were no provisions in place to address environmental hazards and control human behaviour that was significantly contributing to the degradation of the environment while purporting to be exercising fundamental rights.

A remedy for this significant health risk was found in the 42nd Amendment to the Indian Constitution. The article’s provisions are highlighted from the base up in order of appearance. starting with the Preamble to the Constitution’s usage of the phrases “democratic,” “socialist,” and “republic,” as well as its relation to environmental preservation. The state has a responsibility to protect the environment because, as an institution chosen by the people, it must serve them. The idea of rights and obligations has since been discussed, including the right of a citizen to a healthy environment as well as the duties of citizens to safeguard and preserve the environment in which they live.

AN OVERVIEW ON BIOLOGICAL DIVERSITY ACT – 2002

Meaning:

Biological Diversity means the variability among living organisms from all sources, including interalia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part and this includes diversity within species, between species and of ecosystems. Biodiversity is defined as the variety and variability among living organisms and the ecological complexes in which they occur is measured at three levels viz., genes, species and ecosystem.

The act was enacted in 2002, it aims at the conservation of biological resources, managing its sustainable use and enabling fair and equitable sharing benefits arising out of the use and knowledge of biological resources with the local communities.

Salient Features of the Biological Diversity Act – 2002:

After an extensive and intensive consultation process involving the stakeholders, the Govt. of India has brought Biological Diversity Act, 2002.
•
To regulate access to biological resources of the country equitable share in benefits arising out of the use of biological resources.
To conserve and sustainable use of biological diversity.
Setting up of National Biodiversity Authority (NBA), State Biodiversity Board (SBB) and Biodiversity Management Committee’s. (BMC’s).
NBA and SBB are required to consult BMCs in decisions relating to bioresource / related knowledge within their Jurisdiction.
To respect and protect knowledge of local communities traditional knowledge related to biodiversity.
To secure sharing of benefits with local people as conservers of biological resources and holders of knowledge and information relating to the use of biological resources.
All foreign nationals / organizations require prior approval of NBA for obtaining biological resources and / or associated knowledge for use.
Indian scientists / individuals require approval of NBA for transferring results of research to foreign nationals / organizations.
Conservation and development of areas of importance from the standpoint of biological diversity by declaring them as biological diversity heritage sites.
Protection and rehabilitation of threatened species.
Involvement of institutions of State Government in the broad scheme of the implementation of the Biological Diversity Act through constitution of committees.
Protect India’s rich biodiversity and associated knowledge against their use by foreign individuals and organizations without sharing benefits arising out of such use and check Biopiracy.
Indian Industry needs prior intimation to SBB to obtain bioresource. SBB has right to restrict if found to violate conservation and sustainable use and benefit sharing.
Provisions for notifying heritage sites by State Government in consultation with local body.
Creation of National, State and Local Biodiversity Fund and its use for conservation of biodiversity.
Prior approval is needed from NBA for IPRs in any invention in India or outside India on Bioresource

Exemptions from the Act

The Act excludes Indian biological resources that are normally traded as commodities. Such exemption holds only so far the biological resources are used as commodities and for no other purpose. The act also excludes traditional uses of Indian biological resources and associated knowledge and when they are used in collaborative research projects between
Indian and foreign institutions with the approval of the central government. Uses by cultivators and breeds, e.g. farmers, livestock keepers and bee keepers and traditional healers e.g. vaids and hakims are also exempted.

Framework of Biological Diversity Act, 2002

A three-tiered framework was envisioned by the legislation to control access to biological resources:
The National Biodiversity Authority (NBA)
The State Biodiversity Boards (SBBs)
The Biodiversity Management Committees (BMCs) (at local level)

The National Biodiversity Authority(NBA)

The National Biodiversity Authority (NBA) was established in 2003 by the Central Government to implement India’s Biological Diversity Act (2002). It is a Statutory body that performs facilitative, regulatory and advisory functions for the Government of India on the issue of Conservation and sustainable use of biological resources.
Structure of the NBA
The National Biodiversity Authority consists of the following members to be appointed by the central government, namely:
* A Chairperson.
* Three ex officio members, one representing the Ministry dealing with Tribal
* Affairs and two representing the Ministry dealing with Environment and Forests.
* Seven ex-officio members to represent respectively the Ministries of the
* Central Government dealing with:
* Agricultural Research and Education
* Biotechnology
* Ocean Development
* Agriculture and Cooperation
* Indian Systems of Medicine and Homoeopathy
* Science and Technology
* Scientific and Industrial Research;
* Five non-official members to be appointed from amongst specialists and scientists having special knowledge and experience in the required matters.

Functions and Powers of NBA:

• Regulate activities, approve and advice the government of India on research, commercial, bio-survey and bio-utilization.
• Grant approval to Section 3,4 and 6.
• Certain persons not to undertake Biodiversity related activities without approval of National Biodiversity Authority (Section 3).
• Results of research not to be transferred to certain persons without approval of National Biodiversity Authority (Section 4).
• Application for IPR rights not to be made without approval of National Biodiversity Authority (Section 6).
• Perform such other functions as may be necessary to carry out the provisions of this act.
Approvals by NBA:
• Any person who intends to access or apply for a patent or any other form of IPR protection whether in India or outside India referred to sub-section (1) of Section 6 may make an application prescribed by NBA.
• Any person who intends to transfer any biological resource or knowledge associated thereto referred to sub-section (1) of Section 3 shall make an application in such form and in such manner as may be prescribed to the National Biodiversity Authority.
• Determination of equitable benefit sharing by National Biodiversity Authority.

State Biodiversity Boards (SBBs)

The SBBs are established by the State Governments in accordance with Section 22 of the Act.

Structure: The State Biodiversity Board consists of the following members:
* A Chairperson
* Not more than five ex officio members to represent the concerned Departments of the State Government
* Not more than five members from amongst experts in matters relating to conservation of biological diversity, sustainable use of biological resources and equitable sharing of benefits arising out of the use of biological resources.
* All the members of the SBB are appointed by the respective State Governments.

Functions of SBBs

Advise the State Government, subject to any guidelines issued by the Central Government, on matters relating to the conservation, sustainable use or sharing equitable benefits.
Regulate by granting approvals or otherwise requests for commercial utilisation or bio-survey and bio-utilisation of any biological resource by people.
Note:
There are no State Biodiversity Boards constituted for Union territories.
The National Biodiversity Authority exercises the powers and performs the functions of a State Biodiversity Board for the UTs.

Biodiversity Management Committees (BMCs)

According to Section 41 of the Act, every local body shall constitute the BMC within its area for the purpose of promoting conservation, sustainable use and documentation of biological diversity including:
Preservation of habitats
Conservation of Landraces
Folk varieties and cultivars
Domesticated stocks And breeds of animals
Microorganisms And Chronicling Of Knowledge Relating To Biological Diversity.

Structure

It shall consist of a chair person and not more than six persons nominated by the local body.
Out of total members of a BMC, not less than one third should be women and not less than 18% should belong to the Scheduled Castes/ Scheduled Tribes.
The Chairperson of the Biodiversity Management Committee shall be elected from amongst the members of the committee in a meeting to be chaired by the Chairperson of the local body.
The chairperson of the local body shall have the casting votes in case of a tie.
Functions
* The main function of the BMC is to prepare People’s Biodiversity Register in consultation with the local people.
* The register shall contain comprehensive information on availability and knowledge of local biological resources, their medicinal or any other use or any other.

National Biodiversity Fund:

A National Biodiversity Fund is being constituted for this purpose. The NBA will ensure that equitable benefit sharing is made during the utilization of biological resources and the knowledge relating to them. The amount of benefit sharing will be deposited in the National Biodiversity Fund and the amount shall be paid directly to such individuals or groups of individuals or organizations in accordance with the terms of any agreement in such manner as decided by the NBA. On behalf of the Central government, the NBA will take all measures to oppose Intellectual Property Rights granted outside India on any biological
resource or associated knowledge originating from India.

Conclusion:

The conservation and sustainable use of biological diversity is critical importance of meeting of food, fodder, fiber, health, water and other needs of growing world population for which purpose, access to and sharing of both genetic resources and technologies are essential. It should be determined to conserve and sustainable use of biological diversity for the benefit
of present and future generations.The intrinsic value of Biological diversity and of the ecological, genetic, social,economic, scientific, educational, cultural, recreational and aesthetic values and its components are to be taken care properly for the better management of biological resources and biodiversity for the welfare of human beings for better, and healthier as well as peaceful living on earth. The conservation of biological diversity is a serious and common concern of human beings for better living.

Overview of Indian environmental law

Introduction

The fact that India has made a really strong push to safeguard the environment is to the credit of its courts, especially the higher judiciary. In fact, it wouldn’t be overstating things to suggest that the expansion and development of India’s legal system are closely linked to the country’s environment law development. A sub-continental nation-state with the second-largest population in the world—the majority of whom live in abject poverty and illiteracy—and startling cultural, economic, and ethnic diversity—poses really unique governance issues.

Many fundamental rights are outlined in the written Constitution that the people themselves created when they won independence, but enforcing these rights has not always been simple. The courts were viewed as the final remaining bulwark of the people’s rights and liberties as a result of numerous political upheavals.

In particular, the 1980s saw an activist judiciary at work during the post-emergency period, and this was also the time when fresh and intriguing innovations in environmental law occurred. The emphasis changed away from the traditional strategy of pursuing environmental violations as criminal offences and/or civil wrongs and towards the strategy of treating environmental issues as a component of the fundamental rights protected by the written Constitution.

Conspectus of constitutional provisions and legislation

Environment protection and improvement are clearly outlined in the Indian Constitution. In accordance with Article 48A of Chapter IV of the Indian Constitution’s Directive Principles of State Policy, the State is obligated to preserve the nation’s forests and wildlife as well as to protect the environment. Every citizen of the nation has a responsibility to safeguard the environment and advance it, according to Article 51A(g).

Although not enforceable in a court of law, an activist judiciary has given effect to the objective underlying these Principles by reading them in conjunction with the fundamental rights, which are enforceable in a court of law.

According to the Supreme Court, Art 21’s guarantee of the right to life does not only apply to animal life. Later, this article was understood to include the right to a pollution-free environment as part of its purview. Prerogatives may be issued under the provisions of Articles 32 and 226 and other writs may be used to obtain relief. A violation of a basic right may be brought directly before the Supreme Court under Art. 32. A High Court may issue a writ under Art. 226 if any legal right or basic freedom has been violated. Moreover, decisions regarding the extension of the locus standi principle for applying these provisions were used to safeguard against environmental degradation.

Perhaps the most important piece of legislation in this field of law is the Environment Protection Act 1986. Enacted in the wake of the Bhopal Gas Tragedy, this Act covers the whole gamut of environment issues. ‘Environment’ has been defined under the Act to include water, air and land and the inter-relationship which exists among and between them and human beings, other living creatures, plants, micro-organisms and property. The Act empowers the central government to take such measures as it deems necessary to protect and improve the quality of the environment and to prevent, control and abate environmental pollution. An ‘umbrella’ legislation, this Act authorises the Central government, inter alia, to set new standards for emissions etc., regulate location of industries, devise procedures for handling hazardous substances, safeguard against accidents causing environment pollution and generally collect and disseminate information regarding environmental pollution.

The common law principle of ‘nuisance’ offers a legal basis for initiating action against environmental violations. The Code of Civil Procedure 1908 (‘CPC’), the Indian Penal Code 1860 (‘IPC’) and the Code of Criminal Procedure 1973 (‘CrPC’) contain provisions in respect of public nuisance. Section 91 of the CPC entitles two or more persons to institute a suit for a public nuisance affecting or likely to affect the public. In the Bhopal Gas Tragedy, the Central Government enacted the Bhopal Gas Leak Disaster (Processing of Claims) Act 1985, conferring on it the exclusive right to represent the claims of the victims in parens patriae suits. The validity of this legislation was upheld by the Supreme Court in Charan Lal Sahu v Union of India. Public nuisance is an offence punishable under the IPC. Several provisions of the IPC deal with various types of nuisance which cause public injury. The CrPC under s133, empowers a magistrate to remove a public nuisance of an environmental nature, ss 142 and 144 empower the magistrate to take immediate action to prevent danger or injury of a serious kind. The Ratlam case in 1980 is a major landmark in terms of the application of this provision as an effective tool for enforcing duties of local bodies. The case concerned provision of drainage facilities by the local body to the residents of the area. The financial inability pleaded by the council for not providing the facilities was rejected by the Supreme Court by holding that ‘decency and dignity are non-negotiable facets of human rights and are a first charge on the local self governing bodies’. Even before this decision, the Supreme Court in the case of Govind Singh v Shanti Swaroop dealing with nuisance caused by smoke emanating from a bakery, held that what is involved is not merely the right of a private individual but the health, safety and convenience of the public at large.

The Air Act 11 and The Water Act establish a framework of regulation and control of the release of pollutants through a system of licencing and permits. State and Central Boards that were created with this objective in mind are in charge of enforcing the provisions. Penalties, which now include the closure of an industry or factory, are imposed for infractions of the criteria outlined by these laws. The Water Cess Act levies a fee on water use that goes towards upholding The Water Act’s rules. According to the Act, the cess that must be paid upon installing wastewater treatment equipment is refunded 70%.

Both the Forest (Conservation) Act of 1980 and the Indian Forest Act of 1927 are significant. The subsequent Act provides for Central Government approval for dereserving a reserved forest, using forest land for non-forest purposes, assigning forest property, and other reforestation-related matters. The Wild Life Protection Act of 1972, The Atomic Energy Act of 1962, and The Factories Act of 1948 may also be mentioned.

The Hazardous Wastes (Management and Handling) Regulations of 1989 and the Hazardous Microorganisms Rules of 1989, which cover the production, use, import, export, and storage of hazardous microorganisms and genetically modified cells, are also rules created under the Environment Protection Act.

The National Environment Tribunal Act of 1995 and the Public Liability Insurance Act of 1991 may also be mentioned. In order to give the victim the least amount of assistance possible, the Public Liability Insurance Act mandates public liability insurance for installations handling hazardous materials. According to the Environment Tribunal Act, handling hazardous substances can result in mishaps that result in severe accountability for damages. The Act gives the Central Government the power to create a national tribunal and benches that can conduct hearings and issue decisions that seem to be “fair.” In reality, the Supreme Court recently allowed the courts to refer the more technical and scientific components of environmental issues that stem from Articles 32 and 226 of the Constitution.

Public interest litigation and environment law

One unusual aspect of the development of environment legislation in India is that significant changes in the law have been brought about by non-governmental organisations and civic-minded people. As was previously indicated, the development of new methods of delivering justice during the 1980s led to the judiciary taking on a more activist role. By extending the locus standi concept, the courts were able to overcome the restrictions placed on them by the conventional adversarial system.

In the well-known SP Gupta case, the Supreme Court ruled that any member of the public acting in good faith may bring a claim for compensation when the state is at fault for a public wrong or injury. It is noteworthy that the court decided that a member of the public may approach the court on behalf of a person or people who have been wounded but are unable to contact the courts due to impairments such poverty, social hardship, or economic hardship. By relying on Articles 32 and 226 of the Constitution, environmental groups and individuals have frequently used this enlargement of locus standi to seek redress against environmental destruction.

It is important to remember, nevertheless, that the enlargement of locus standi to allow any member of the public to petition a court to uphold the public interest is not without its drawbacks. The courts have not been hesitant to sharply condemn activities that are not in good faith and to discourage them altogether. In the Chhetriya Pardushan case, the Supreme Court said unequivocally that “… this can only be done by any person interested truly in the protection of the society on behalf of the society or the community.” The court must be extremely cautious and careful when using this weapon as a safeguard.. While it is a duty of this court to enforce fundamental rights, it is also the duty of this court to ensure that this weapon … should not be misused or permitted to be misused …’. More recently in the Raunuq International case, the Supreme Court has held that if any developmental project were to be stalled by reason of any public interest action before a court of law and ultimately, it is found that the action is not bona fide, the petitioner would be liable to pay exemplary costs. It can be seen therefore that while the scope of public interest litigation is extensive, courts have taken care to see that it is not abused.

March of the law

The Supreme Court’s innovative approach, in particular, is responsible for a significant percentage of the jurisprudence in this field. First off, it wasn’t explicitly stated in court rulings that a clean environment was a fundamental right. The Supreme Court ruled that individuals had the right to live in a healthy environment with little disruption of the natural balance in a case involving limestone quarries in the Doon Valley that caused soil erosion, deforestation, and other environmental problems. Later on, the court referred to the fundamental duty of a citizen to preserve the environment. It was in the Bhopal Gas Leak case21 that the Supreme Court declared in explicit terms that the right to a pollution-free environment is a part of the right to life under Art.

It would at this juncture be appropriate to refer to some other leading decisions, the significance of these rulings is that the courts have held principles like ‘Sustainable Development’, ‘Polluter Pays’ and ‘precautionary principle’ to be a part of the law of the land, though there has bee no specific incorporation of these principles to the municipal law.

In the Vellore Citizens Forum lawsuit, it was hoped to put an end to the extensive pollution that the tanneries in Tamil Nadu, a southern state, were responsible for. The Supreme Court ruled that “sustainable development” has been recognised as a component of accepted international law since it strikes a balance between ecology and development. The Bruntland Report, the UN Convention on Climate Change, and other documents were cited by the court in this regard. These documents ranged from the Stockholm Declaration to the Rio Declaration. Holding further that the ‘precautionary principle’ and the ‘polluter pays’ are essential attributes of ‘sustainable development’, the court read these to be part of municipal law as they do not conflict with the Constitution and statutory law in force in India. The court went on to grant various reliefs including the creation of an ‘environmental fund’, constituted by the fines paid by the polluters to be utilised for reclamation of the affected areas and rehabilitation. The ‘polluter pays’ and ‘precautionary’ principles were also applied in subsequent cases like the Calcutta Tanneries case, the Shrimp Farming case, the Taj Trapezium case and the Kamalnath case.

Because the public trust theory was applied in the Kamalnath case, it deserves special emphasis. The artificial diversion of a river in forestland to increase a motel’s amenities alarmed the court because of the ecological harm it would cause. The Supreme Court stated: “Our legal system, which is based on English common law, includes the public trust doctrine as part of its jurisprudence while imposing the burden of rehabilitating the environment and ecosystem.. The state is the trustee of all the natural resources, which are by nature meant for public use and enjoyment. The public at large is the beneficiary of the seashore, running waters, air, forests and ecologically fragile lands. The state as a trustee is under a legal duty to protect the natural resources. These resources meant for public use cannot be converted into private ownership”.

Some decisions have gone beyond the traditional standard of strict liability and have imposed ‘absolute liability’ on polluting industries. In the Oleum Gas Leak case, the Supreme Court was concerned with the leakage of oleum gas resulting in death and injury. Even though stringent conditions were laid down for re-starting the industry, the court held the industry to be absolutely liable for the pollution caused. The court said “we have to evolve new principles and lay down new norms which would adequately deal with the new problems which arise in a highly industrialised economy”. The court further held “(w)here an enterprise is engaged in a hazardous and inherently dangerous activity and harm results to anyone on account of an accident in the operation of such hazardous and inherently dangerous activity, for example, in the escape of toxic gas, the enterprise is strictly and absolutely liable to compensate all those who are affected by the accident…”. Later on, in the Indian Council for Enviro-Legal Action case, the Supreme Court referring to this principle said, “according to the rule, once the activity carried on is inherently dangerous, the person carrying on such activity is liable to make good the loss caused to any person by his activity irrespective of the fact whether he took reasonable care while carrying on his activity. It was in this ruling that for the first time the principle of ‘polluter pays’ was applied by citing the Rome Declaration.

The Taj Trapezium case involved protection of the Taj Mahal from the air pollution caused by the coal based industries nearby. The anxiety of the court in preserving this monument is well reflected: “the atmospheric pollution in TTZ has to be eliminated at any cost. Not even one per cent chance can be taken when the preservation of a prestigious monument like the Taj is involved”.

It can therefore be seen that the courts in India have not felt constrained or constricted by the procedural limitations imposed by the law in force. The court has not hesitated to order relocation of industries from residential areas, has given directions for the creation of a fund for taking up remedial and rehabilitation action for affected areas and people and has ordered stoppage of any activity that is hazardous. The court has, on several occasions, directed installation of effluent treatment plants on a time-bound basis as a condition to recommencement of hazardous industries. In keeping with the spirit of public interest litigation, the court has often sought for and relied on reports from expert bodies to verify and ascertain the actual impact of any activity complained of. The Supreme Court has gone to the extent of establishing ‘green benches’ both in the Supreme Court and also in the various High Courts in the country to deal exclusively with environment cases. Presently, the Supreme Court is in the process of hearing two public interest writ petitions concerning India’s forests and the large-scale vehicle emissions in Delhi.

Conclusion

The emphasis on human rights in environmental law jurisprudence has led to the third generation right to development being acknowledged on a global scale. As a result, India’s legal system has evolved in a fashion that aims to raise everyone’s standard of living. In order to provide a substantive remedy, it is in fact a creative technique to interpret and implement the provisions of basic rights in conjunction with guiding principles of state policy and fundamental duties. Such a tactic would appear to a puritan to stray from accepted legal rules, but the urgency of the situation has justified it. There are important challenges that need to be addressed with the turn of the millennium and the globalisation that is happening in many spheres of society. Because fields like biotechnology are developing so swiftly, legal systems around the world must quickly catch up with the developments that are occurring. The Indian courts’ dynamism is a desirable strategy. The strategy used by Indian courts to provide meaningful relief and remedy to its citizens, who make up a sizeable fraction of the global population and live in a nation with some incredibly diverse ecosystems, should be taken into consideration and applied.

Mediation process under Family Law

India is a common law nation with an adversarial justice system. The judiciary’s function has grown and evolved in recent years, becoming more complex. The judiciary’s expanding role has led to significant costs and unjustified delays in providing justice to those who seek it. The problem persists despite the recent increase in the number of courts because of the parallel rise in the number of cases.

Arbitration is one way to settle conflicts in order to address the issue of an increase in the number of cases. The value of Article 21, which stands for the right to life and includes the right to a speedy trial, is demonstrated by alternative dispute settlement. One can resolve their disagreement effectively and quickly by using arbitration methods.

Effectiveness of mediation proceedings

There is a significant accumulation of cases in the courts as a result of the rising costs of civil litigation and the unreasonable delays in the execution of rulings. In many circumstances, mediation has succeeded and been effective as an alternate treatment. Nowadays, mediation is the most popular form of ADR, particularly among international organisations. Less spending and looser, informal rules are some of the causes. Any issue is frequently resolved by mediation as a first step, and if that doesn’t work, the parties agree that they will refer the matter to arbitration. Nowadays, the majority of commercial agreements initially submit the disagreement to mediation, and if such efforts are unsuccessful, the subject is then sent to arbitration.

The numerous advantages of mediation, which are beneficial in cases involving divorce disputes, real estate, and labor bargaining etc to settle the case outside court are discussed below:

Cost- effective: Mediation takes much less time compared to litigation. Therefore, the fee charged by mediator may be same as that of the attorney but the lower amount of time spent in proceedings means one has to pay lesser than as compared to litigation proceedings.
Confidentiality: The mediation proceedings are strictly confidential in nature, unlike the courts where public can visit anytime and be a spectator to someone else’s tragedy. Justice Markanday Katju in the case of Moti Ram Tr.Lrs.& Anr. vs. Ashok Kumar & Anr. [2010] 14 (ADDL.) SCR 809, held that, “mediation proceedings are totally confidential proceedings. When the mediator is required to send the report of successful proceedings to the court, he doesn’t require sending what transpired during the proceedings. In case the mediation was unsuccessful, he only needs to send the report stating ‘Mediation has been ‘”

The judgment enforces the faith in mediation proceedings in the absence of a statutory provision guaranteeing the same. The only exceptions to this rule usually involves child abuse or actual or threatened.

Control: Mediation is an enabling provision which enables the parties to exercise some control over the resolution. In litigation, judges or jury exercise the ultimate control. This helps in arriving at a mutually agreeable solution between parties.
Compliance: Mediation proceedings are carried out to obtain consensus amongst parties regarding a solution that may be either proposed by the mediator or by either of the parties. Therefore, the result of mediation is generally complied with by the parties. According to the Arbitration & Conciliation Act, 1996, the mediated agreement is fully enforceable in a court of law. This also reduces expenses as there is the elimination of the need to employ a lawyer for enforcement of the decree.
Mutuality: There is a mutual agreement between parties to work towards reaching a solution that is acceptable to both. They are ready to make some adjustments towards their interests and claims. This preserves the relationship between parties.
Support: Mediators are trained in working with difficult situations. The mediator acts as a neutral facilitator and guides the parties through the process.

Mediation and Conciliation

These are often used interchangeably, but their procedure is same. The difference between conciliation and mediation as given by International Labor Organization which is adopted by the Advisory, Conciliation and Arbitration Service reads as follows:- “Mediation may be regarded as a half way house between conciliation and arbitration. The role of the conciliator is to assist the parties to reach their own negotiated settlement and he may make suggestions as appropriate. The mediator proceeds by way of conciliation but, in addition, is prepared and expected to make his own formal proposals or recommendations which may be accepted.”

Generally, a subject matter of mediation includes suits for injunction, specific performance, suit for recovery, labour management disputes; motor accident claims cases and matrimonial disputes.

The judiciary is currently inclining more towards mediation as the most viable option for dispute settlement. For instance, on August 22, 2010, the Supreme Court passed an interim order on a suit filed by Assam in 1988 against Nagaland on a border dispute that they should attempt to resolve this dispute through mediation. It is the first time a border dispute in the country has been referred to mediation. This has led to validating mediation as a form of grievance redressal. Also in criminal law, cases which are a subject matter on account of dowry and cruelty under section 406/498-A IPC and under section 138 of Negotiable Instruments Act are suitable for mediation.

Judge Markanday Katju said this “In our opinion, lawyers should encourage their clients to consider mediation as a means of settling disputes, particularly where relationships, such as those in family or business, are at stake. In the alternative, the lawsuit drags on for years and years, frequently bankrupting both sides. Hence, both the attorneys and the parties to the dispute should heed Mahatma Gandhi’s counsel and attempt arbitration or mediation. Section 89 of the Code of Civil Procedure likewise serves this purpose. Brothers were involved in the case’s conflict, and they were instructed to go before the Bangalore Mediation Center to resolve it. Aviral Bhatla v. Bhavana Bhatla, 2009 SCC (3) 448, is a recent case in which the Supreme Court upheld the settlement of the through the Delhi mediation center, appreciating the effective manner in which the mediation centre of the Delhi High Court helped the parties to arrive at a settlement.

Matrimonial mediation

Many lawsuits concerning marriage issues are emerging as a result of the changing situation. The quantity of petitions regarding these disputes causes a backlog in the courtroom. A legal framework for private party disputes is provided by alternative dispute resolution. Our courts are disproportionately burdened with matrimonial disputes. In India, marriage is seen as a sacrament rather than a legal agreement. Mediation only serves as a mediator to assist the parties in reaching a resolution to their conflict.

In this situation, parties get along because of the friendly atmosphere (as opposed to courts, which are generally not very welcoming). Also, there are no challenging procedures to follow. Mediation can be a very effective means of resolving disputes when a divorce is caused by cruelty, insanity, certain contagious or dangerous diseases, etc. Such problems can be communicated and confessed in such situations swiftly and effectively because their admissions won’t be disseminated outside of the room. It is a private and confidential procedure, unlike public courts. The best divorce platform is mediation when parties are unable to reach an amicable settlement.

When we are referring a matrimonial dispute to mediation, it is different from the normal commercial and property matter disputes. The presence of factors like sentiments, emotions, social factors, responsibilities, personal duties, the mindset of the parties regarding the marriage and life in general etc makes the matrimonial disputes distinct and different from others.

In contrast to mediation, marriage mediation places a strong emphasis on emotional and illogical elements. The factors must be weighed in addition to the technical issues. The mediator’s responsibility is to take the emotional component into account as well. In contrast to litigation, the mediator serving as this process’s facilitator is interested in the satisfaction of the parties. Sentiment plays a significant role here, not logic. The mediator’s job is to negotiate a peaceful resolution that benefits neither party’s interests. His role is to set the parties up to reach a resolution, not to support his analysis of the parties. Mediator also has to act as a counselor and a conciliator to help the parties go beyond their personal vendetta against each other. The goal of meditation is to achieve lasting peace. The purpose of matrimonial mediation is to reach a consensus between parties towards a solution that is proposed by the mediator or by either of the parties themselves. The mediator is not a judge or an arbitrator here.

As we know that mediation is a voluntary process, parties can simultaneously resort to litigation of civil or criminal nature. Why is the option more preferred by people?

(1) it promotes the interest of the entire family including those of the children

(2) it reduces economic and emotional cost associated with the resolution of the family disputes.

A party cannot be ordered to appear in front of a professional mediator who is not affiliated with the court. Here, the mediator must request the parties’ cooperation, which is a crucial prerequisite. The mediation process may also be ended voluntarily by the parties. The mediator’s impartiality and neutrality are crucial to the process. Every attempt at reconciliation must be made before granting a definitive decree of divorce, given the nature of marriages in the Indian setting.

The basic difference among the police, the judge and the mediator is that, the police is trained to frame or prove a charge, a judge is to focus his attention on right or wrong doing but a mediator/ counselor is to focus on restoration of equilibrium and remain non-judgmental all through. The mediator remains on guard against his temptation to belittle or give lift to one or other party.

In the case of Jagraj Vs Bir Pal Kaur,2007 2 SCC 564 it was held by the Supreme Court that the intention of the parliament behind enacting section 23 of HMA was to preserve the sanctity of marriage. Therefore, every step towards the reconciliation of parties has to be carried out by the courts.

In a Madras High Court judgment, it was held’ that under the Quran the marriage status is to be maintained as far as possible, and there should be conciliation before divorce, and, therefore, the Quran discourages divorce, and it permits only after pre-divorce conference.’The attempt of reconciliation should be made with the help of two mediators, even if a reasonable cause exist, there should be an attempt to arrive at a settlement by the mediators. In a judgment by Madhya Pradesh High Court, the ruling in the above case was made a base to find out the validity of divorce held without conciliation proceedings.

Procedure of mediation

Unlike the arbitration and conciliation act which deals with arbitration procedure and technicalities, no statute of the same nature exists for mediation. There are two ways for initiation of mediation proceedings:

Parties refer to mediation voluntarily i.e. private mediation
Court refers the parties to mediation under Section 89 of Civil Procedure Code

In the case of M/S. Afcons Infra. Ltd. & Anr vs M/S Cherian Varkey Construction 2010 (8) SCC 24., the Supreme Court has said that while referring to Section 89 by the Court, the court has the discretion to opt for any of the five methods. However, the practical application of the rule says that ‘after the pleadings are complete and after seeking admission/denials wherever required, and before framing issues, the court will have recourse to section 89 of the Code.’ Court will consider the nature of the dispute and refer the parties to five options available and according to the preferences of the parties refer the party to mode.

‘ In case where the questions are complicated or cases which may require several rounds of negotiations, the court may refer the matter to mediation. Though the process under Section 89 appears to be lengthy and complicated, in practice the process is simple: know the dispute; exclude `unfit’ cases; ascertain consent for arbitration or conciliation; if there is no consent, select Lok Adalat for simple cases and mediation for all other cases, reserving reference to a Judge assisted settlement only in exceptional or special cases. ‘

Under Hindu Marriage Act, Section 23 and Special Marriage Act, reconciliation proceedings are mandatory for parties. Section 23 (2) HMA states that before proceeding to grant any relief under it, there shall be a duty of the court in the first instance, in every case to make every endeavor to bring about reconciliation between parties where relief is sought on most of the fault grounds for divorce specified in Section 13. Here the court may refer the party to mediation to for counseling. If the attempt at reconcilement fails then, parties may arrive at a peaceful settlement. The nature of Hindu marriage is that of a sacrament and not a contract. Therefore, every attempt of reconciliation has to be made to avoid divorces that are carried out in haste.

The functional stages involved in mediation are listed below

Introduction and Opening statement
joint session
separate session
closing

The mediator gives an introduction at the beginning of the mediation process, outlining the issues, the process, the norms of mediation, etc. Each party makes a statement following the introduction. The parties are given a chance to express their opinions. At this point, the mediator may ask questions to help both parties understand each other more clearly and to dispel any remaining misconceptions. The mediator meets separately with each party to discuss difficulties, make suggestions for solutions, and generally try to bring about peace between the parties. Throughout this time, the mediator moves back and forth between the parties, resolving issues and conveying details, suggestions, and areas of agreement.

Probing of facts;
Identifying the real cause of dispute;

iii. Exploration of possibilities of reconciliation or divorce;

Bring the parties to an agreed solution; and
Shaping the solution in the legal formats.

Since there is no statute regulating mediation process, the mediation centers have come up with their own rules regarding qualification of mediators. IIAM Accredited Mediators are trained and accredited under the International Mediation Institute (IMI – The Hague) norms. They are bound by the Code of Conduct and Ethical Standards prescribed by IMI. According to their website, IIAM is the only institution in India approved by the IMI to certify mediators at global standards.

As per Rule 3 of the Mediation and Conciliation Rules, 2004 the High Court and the District & Sessions Judge can prepare panels for appointment of mediator. The qualifications of the mediators / conciliators given in Rule 4 are :-

(a) (i)Retired Judges of the Supreme Court of India;

(ii)Retired Judges of the High Courts;

(iii)Retired District & Sessions Judges or retired officers of Delhi Higher Judicial Service;

(iv)District & Sessions Judges or Officer of Higher Judicial Service.

(b) Legal practitioners with at least ten years standing at the Bar at the level of Supreme Court or the High Court or the District Courts.

(c) Experts or other professionals with at least fifteen years standing.

(d) Persons who are themselves experts in mediation / conciliation.

The Hon’ble Supreme Court of India has in the landmark decision Salem Advocate Bar Association, Tamil Nadu v. Union of India AIR 2003 SC 189. directed that all courts shall direct parties to alternative dispute resolution methods like arbitration, conciliation, judicial settlement or mediation. The draft “Civil Procedure Alternative Dispute Resolution and Mediation Rules 2003” was also considered by the Supreme Court, for enactment by respective High Courts. Direction was issued to all High Courts, Central Government and State Governments for expeditious follow-up action. The draft rules contained the provision that court is referring the matter to mediation is not disqualified from trying the suit later if no settlement is arrived at between the parties. There are provisions in draft rules for appointment of mediator and fees of mediator. But the same is yet to be adopted by the courts.

Conclusion

Mediation as a method to resolve disputes is gaining importance in the current scenario. It has been used effectively to resolve disputes particularly related to divorce. In the absence of a law regulating the same, there is a wide scope of misuse. There already exist some provisions for conduct of arbitration, conciliation and Lok Adalat in different statutes, there is a need for a framework mediation. The step has been taken by the Supreme Court in a few cases discussed above. The Model Rules drafted by the Law Commission need to be brought into force as soon as possible to streamline the whole process of mediation.

Environmental Degradation

Environmental degradation is a result of the active interaction of socioeconomic, institutional, and technical processes. Environmental degradation is a process that results in a reduction in the biological diversity and health of the environment by compromising the natural environment in some way. Environmental degradation is defined as the deterioration of the physical elements of the environment brought about by human activities to the point where it cannot be corrected by the environment’s self-regulatory systems.

This process could start out entirely naturally or it might be accelerated or triggered by human activity. Environmental deterioration is considered a severe threat to communities and planets by several international organisations. Many variables, such as economic growth, population growth, urbanisation, intensification of agriculture, increased energy consumption, and transportation, may be responsible for environmental changes. Another significant issue that contributes to environmental issues is poverty. In contrast to the problems of growth and expansion, the economics of environmental pollution, resource depletion, and resource degradation have been disregarded. Due to its significant population growth, India is also experiencing issues with environmental deterioration.

Factors that Led Environmental Degradation

There are basically two factors namely:

1. Natural factors such as drought, storms on sea, land and deserts such as hurricanes, tornadoes, carina and volcanic eruptions. These factors lead to land degradation through erosion.

2. Human factors which include deforestation, industrialization and urbanization. These factors lead to water, air and land pollution.

Types of Environmental Degradation

Types of environmental degradation:

Deforestation

Deforestation is the process of logging and/or burning forests to remove them. Deforestation happens for a variety of causes, such as when trees or the charcoal they produce is utilised as fuel or sold as a commodity, and when cleared land is turned into pastureland for cattle, farms, and communities. Without enough regeneration, the removal of trees has harmed habitats, reduced biodiversity, and increased dryness. The bio-sequestration of atmospheric carbon dioxide is negatively impacted. Regions that have lost their forests typically experience severe unfavourable soil erosion and frequently become barren.

Causes of deforestation: There are several causes of current deforestation such as dishonesty of government institutions, the unfair distribution of wealth and power, population growth and overpopulation, and urbanization. Globalization is also major cause of deforestation, though there are cases in which the impacts of globalization have supported localized forest recuperate.

Extinction

It is the process by which a species, genus, or family, becomes extinct no longer existing and alive in the world. It is the eradication and destruction of anything that was once there in the world. It specifically refers to the termination of an evolutionary branch or line on the tree of life in the context of biology. A species’ extinction can have a profound impact on an ecosystem, as well as on the physical environment and climate, frequently resulting in other extinctions.

Desertification:

Due to a variety of factors, including climatic changes and human activity, desertification is the destruction of land in waterless and dry sub-humid environments. The main cause of desertification is human activity. It is mostly brought on by overgrazing, excessive groundwater withdrawal, and the diversion of river water for industrial and human usage. All of these processes are ultimately fueled by overpopulation. Reduced biodiversity and impaired productivity are the primary effects of desertification, as seen in the conversion of shrub-dominated land to non-native grasslands.

Causes of desertification:

Desertification occurs due to numerous factors, primarily anthropogenic causes, which began in the Holocene era and continues today. The primary reasons for desertification are overgrazing, over-cultivation, increased fire frequency, water impoundment, deforestation, over drafting of groundwater, increased soil salinity, and global climate change.

Multilevel set of causes of Desertification

Emission

Emission is a process when chemicals or other materials are released into the environment by humans or natural factors. Pollution is created through emission, which is what happens when chemicals are discharged into the atmosphere. Emissions come from numerous natural processes. A volcano’s eruption releases ash, acid, and numerous hazardous gases. Forest fires cause the production of carbon dioxide, dioxins, carcinogenic compounds, smoke, and soot.

Erosion

Erosion is the process of weathering and transporting solids from their source or the natural environment and depositing them elsewhere. Erosion typically happens as a result of soil and other materials being transported by wind, water, or ice, creeping down slopes under the force of gravity, or, in the case of bio-erosion, by living organisms like burrowing mammals.

A certain amount of erosion is natural and, it is good for the ecosystem. Erosion is different from weathering, which is the process of chemical or physical breakdown of the minerals in the rocks, although the two processes may occur simultaneously.

Causes of environmental degradation

Environmental conditions deteriorated and had an effect on human health as a result of increased human activity and the emission of hazardous chemicals. The reasons of environmental degradation are numerous. Rapid urbanisation and industrialization, agricultural expansion and intensification, and the eradication of natural habitats are all effects of the nation’s rapid population increase and economic development on the environment. The population is expanding at an unprecedented rate in India, which is negatively harming the environment and natural resources.

The increasing population and the environmental deterioration face the challenge of continued development without environmental damage. Population impacts on the environment is mainly through the use of natural resources and production of wastes and is related with environmental stresses like loss of biodiversity, air and water pollution and increased pressure on arable land.

Environmentalists have also cited poverty as a significant factor in environmental degradation. A very complicated phenomena is the revolving relationship between poverty and the environment. Because the poor rely more on natural resources than the rich, they may use up such resources more quickly due to inequality because they have less chance of accessing other resources. Additionally, a deteriorated environment might expedite the process of destitution, again because the poor depend directly on natural assets.

It has been observed that poor people migrate to urban areas due to lack of opportunities for profitable employment in villages and the ecological stresses. Extra-large cities are emerging and urban slums are expanding. Such rapid and unplanned development of cities has resulted in ruin of the urban environment. It has broadened the gap between demand and supply of infrastructural services such as energy, housing, transport, communication, education, water supply and sewerage and recreational amenities, thus depleting the valuable environmental resource base of the cities. The result is the growing trend in worsening of air and water quality, generation of wastes, the proliferation of slums and undesirable land use changes, all of which contribute to urban poverty.

There are some economic factors that lead to environmental degradation. Environmental degradation is the consequence of market failure, that is, the non-existent or poorly functioning markets for environmental goods and services. In this framework, environmental degradation is a particular case of consumption or production externalities reflected by divergence between private and social costs (or benefits). Market misrepresentations created by price controls and subsidies may exacerbate the achievement of environmental objectives.

Transport activities have intense effects on the environment such as air pollution, noise from road traffic and oil spills from marine shipping. Transport infrastructure in India has expanded significantly in terms of network and services. Thus, road transport accounts for a major share of air pollution load in cities such as Delhi. Port and harbour projects mainly impact on sensitive coastal ecosystems. Their construction affects hydrology, surface water quality, fisheries, coral reefs and mangroves to varying degrees.

Effect of agricultural development on the environment stems from farming activities which contribute to soil erosion, land salinization and loss of nutrients.

Effects of Environmental Degradation

1. Impact on Human Health:

Human health is greatly impacted by environmental degradation. Areas exposed to toxic air pollutants can cause respiratory problems like pneumonia and asthma. Most people lose their lives due to indirect effects of air pollution.

2. Loss of Biodiversity:

In order to maintain ecosystem balance, biodiversity must fight pollution, replenish nutrients, safeguard water sources, and stabilise the climate. A few of the main reasons for biodiversity loss include deforestation, global warming, population growth, and pollution.

3. Ozone Layer Depletion:

Ozone layer is responsible to shield earth from detrimental ultraviolet rays. The presence of chlorofluorocarbons, hydro chlorofluorocarbons in the atmosphere is causing the ozone layer to deplete. As it will deplete, it will emit harmful radiation back to the earth.

4. Loss for Tourism Industry:

Speedy activities of tourism industry is also responsible for the worsening of the environment that relies on tourists for their daily livelihood. Environmental damage in the form of loss of green cover, loss of biodiversity, huge landfills, increased air and water pollution can be a big turn off for most of the travelers.

5. Economic Impact:

The huge cost that a nation may have to bear due to environmental degradation can have a huge economic impact in terms of restoration of green cover, cleaning up of landfills and protection of endangered species. The economic impact can also be in terms of loss of tourism industry.

The possibility of human economic activity causing regional and global conflicts is particularly high as a result of the release of hazardous gases into the atmosphere (environmental degradation), which changes agricultural production and makes resources inaccessible, ultimately resulting in food shortages.

Impact of environmental degradation

In conclusion, pollution results from the release of dangerous substances or goods into the environment. There are many different types of environmental contamination, including soil, air, water, and land pollution. The collapse of the earth or worsening of the environment due to the consumption of resources such as air, water, and soil, the loss of ecosystems, and the extinction of wildlife is known as environmental degradation.

What Do Ecosystem Ecologists Study?

Ecosystem ecologists are interested in the interactions between organisms and their surroundings. They are more focused on how these interactions affect and change the environment in which organisms exist. This indicates that a large portion of their research is focused on the systems and interactions between living and nonliving elements that occur inside an ecosystem. To learn more about these relationships and how they are described, keep reading.

Ecology is the study of inter-relationship of organisms with physical as well as biotic environments. Organisms and environment are interrelated and interdependent. Any change in the environment affects the living organisms and vice-versa.

An ecosystem is the structural and functional unit of ecology. It is a community of living organisms along with the abiotic components interacting together through energy flows and nutrient cycles.

Relationships Between Organisms and Environment

Ecosystem ecologists frequently focus on the direct interaction between organisms and their surroundings. Understanding how a particular characteristic of an animal’s life history affects other living things or ecosystem components is typically required for this. Think about the deer’s existence. By eating leaves, becoming food for predators, or excreting nitrogen into the ground, that deer will have a direct impact on other creatures. This indicates that a deer may influence the kind of plants, predators, and soil present in an ecosystem simply by existing there.

The planet’s biodiversity is quickly dropping, thought mostly to be a result of human activity. More often than not, ecosystem ecologists investigate the relationships between organisms and environments to better understand how losing an organism may affect the world around it. They may consider the following questions:

What would happen to the other plant and predator species if this organism was removed?
How might the disappearance of this animal change the soil quality or compaction?
Could the loss of this species result in the loss of other trophic levels?

Understanding Ecosystems

Several ecosystem ecologists may research an environment purely for educational purposes. This typically involves a multimodal strategy that combines the subjects covered in this article. The following subjects may be of interest to an ecosystem ecologist who wants to comprehend an ecosystem better:

What climatic conditions does this ecosystem experience?
What organisms exist within this ecosystem?
What threats is this ecosystem facing?

Biological Processes in Ecosystems

Ecosystems contain many biological processes that change as a result of both the abiotic and biotic components within them. Two of the most common cycles investigated within an ecosystem include the water cycle, nitrogen cycle, and energy cycle.

In order to track how water moves through an area, the water cycle must take into account both living and nonliving elements of an ecosystem. Think about a forest where trees predominate. The leaves and branches of the trees catch a large portion of the rain that falls. This indicates that a large portion of the water goes down branches and trunks before striking the ground, as opposed to striking the ground directly. Some of it might never make it to the ground because it evaporates when the sun comes back up inside the canopies. Think about the same rainfall occurring in a desert now. Sand makes up the majority of desert substrates, and because it has a large amount of pore space between its particles, it drains swiftly. Water that falls to the ground may be quickly absorbed by the soil and transported to underground aquifers. Alternately, due to the quantity of direct sunlight a desert receives, any standing water may soon evaporate..

The nitrogen cycle frequently examines how dead matter decomposes, becomes nutrients, and then replenishes the living stuff. Think about a deer that just passed away. Over time, soil microbes will work to decompose the deer and convert its body into a viable type of fertiliser. The fertiliser will be absorbed by the plants, which will then grow new leaves and fruits that could one day provide food for another deer. As a result, an ecosystem experiences constant cycling of nitrogen. Depending on the kinds of organisms and environmental factors present in an ecosystem, this process will fluctuate.

BIOSPHERE & BIOMES

Only certain types of life are found in each biome on Earth. On Earth, there are numerous diverse biomes. All life on Earth is part of the Biosphere, which is the entire surface of the planet. Every biome is a distinct ecosystem with its own set of environmental variables and specialised forms of life.

Difference Between Biome and Biosphere

Basis	Biome	Biosphere
Definition	Biome includes living things limited to specific areas on Earth. Different regions on Earth have different biomes.	The Biosphere spans the entire Earth and includes all living things on this planet.
Identification	Each biome is an individual unit with specific conditions and life adapted to those conditions.	The Biosphere is identified as the collection of all the individual biomes that exist on Earth.
Scale	While Earth is covered with different biomes, each one is limited to a specific area.	The Biosphere engulfs the whole planet, so it is much grander on the scale.
Characterization	A Biome is mainly characterized by climatic conditions. The primary examples are the Desert, Grasslands, Forest, and Aquatic biomes.	The Biosphere is characterized by the Lithosphere (land), Hydrosphere (water), and Atmosphere (air)

Biome vs Biosphere

On our globe, biomes are geographically defined areas with distinctive vegetation, fauna, and climates. The Biosphere, on the other hand, is not constrained to a particular region or set of climatic circumstances. A biosphere is any location on Earth where there is life. The entire Earth, including its atmosphere, ocean bodies, and land masses, can be referred to as the Biosphere because life is present on every part of the globe. Moreover, Biome is restricted to some regions. Despite being dispersed throughout the world, the biosphere barely measures roughly 20 kilometres from top to bottom.

Conclusion

Each species has developed unique traits that enable it to live in various environments. We categorise these regions and unique conditions as a biome. The energy, chemical processes, and interactions required for life, however, are universal factors.

ACCOUNTANCY FOR LAWYERS

A business enterprise must keep a systematic record of its daily transaction. It is a legal duty. It helps to know where its stand and adjudge its performance. This systematic recording of transactions is known as accounting. Since legal profession is a trade, lawyers are under duty to maintain systematic accounts relating to the profession.

The basic purpose of accounting is to present a complete financial picture of the Advocates profession. This can be done with the help of two financial statements like (i) Profit and loss account and (ii) Balance sheet showing the assests and liabilities. It is necessary to maintain proper accounts to calculate the following (i) Annual Income (ii) Income Tax (iii) ProfessionalTax (iv) Amount due to the client or amount due by the client.

1. To calculate the annual income : To calculate the annual income of the Advocate from the legal profession, it is necessary to maintain proper accounts of his income from the profession. Maintaining this account is useful for Advocates also. By knowing his Annual Income , he can take steps to improve his profession.

2. To Calculate income Tax : Advocates are liable to Pay Income tax for the income derived from the profession. In order to calculate the amount payable as income tax, he has to maintain proper accounts relating to his income and expenditure. To calculate the taxable income he is entitled to deduct certain expenditure like rent, salary, telephone bill and other administrative expenditure. For this purpose also he has to maintain proper accounts.

3. To calculate professional tax: Every six months the advocates are liable to pay professional tax to the Government. The amount of professional tax varies depending on the income. In order to calculate the amount of professional tax he has to maintain the proper accounts.

4. To Ascertain the amount due from the client or due to the client: The account relating to the amount received from the client and the amount received on behalf of the client from others or from the court should be properly maintained. Then only the amount due from the client can be calculated. This will help not only the client but also the Advocate.

PLACE OF KEEPING THE ACCOUNTS BOOKS.

The accounts books and documents relating to the accounts should be kept and maintained by the advocate,

(i) At his office.

(ii) Where he is carrying on the profession more than one office, then at his head office. But accounts can also be maintained separately for each branch at the respective branch office. Penalty for not keeping Account Books: A Lawyer who is legally liable to maintain account books, fails to maintain it or fails to retain it for the prescribed period (cash book and ledger-16 years, other books-8 years) is liable to pay penalty ranging from Rs.2000/- to 1,00,000/- (S.271 A ).

Bar council Rules relating to accounting

Accounting is an art of recording, classifying and summarizing in a significant manner the event which are financial in character and interpreting the result there of . An Advocate is under a duty to maintain proper accounts of money received from his client and the amount received on behalf of client from others or from the court. The rules relating to such accounting is dealt in rules 25 to 32 of the Bar Council Of India Rules 1975.

Rule 25: An advocate should keep the accounts of the client’s money entrusted to him. The accounts should show the amounts received from the client, the expenses incurred for him and the debits made on the account of Advocate fees with the respective dates and all other necessary particulars.

Rule 26 : Where moneys are received from the client, it should be entered whether the amount have been received for the advocates fees or expenses. Amount received for the expenses shall not be diverted towards Advocates fees without the consent of the client in writing.

Rule 27: Where any amount is received on behalf of his client the fact of such receipt must be intimated to the client as early as possible.

Rule 28 : After the completion of the proceeding, the advocate shall be at the liberty to take the settled fee due to hi to the unspent money in his hand.

Rule 29: Where the fee has been left unsettled, the advocate shall take the fees which he is legally entitled from the moneys of the client remaining in his hands, after the completion of the proceeding. The balance shall be returned to the client.

Rule 30: A copy of the client account shall be furnished to him after getting the necessary copying charges from him.

Rule 31: An advocate shall not make any agreements whereby client’s funds in his hands are converted into loans to the advocate.

Rule 32: An Advocate shall not lend money to his client for the purpose of conducting the case

Rules Relating to Accounting Under Income Tax Act.

Under the Income Tax Act, every lawyer is required to maintain the following books of accounts and other documents to enable the Assessing Officer to calculate his total income (i) cash book (ii) Receipt Voucher (iii) payment voucher (iv) journal (v) ledger. The accounting year is 1st April to 31st March next year.

1. Cash book : It is the book in which the amount received by the Advocates from the clients and others and the amount spent for the clients are written. This book is useful for the Advocate to know the amount in his hand on each day.

2. Receipt Voucher : It is the document prepared for recording the receipt of money by cash or cheque. When an Advocate received money from the client, the Advocate has to issue a receipt to the client. Advocate shall maintain receipt books with serially numbered receipt forms in duplicate. The original receipt should be given to the client and the duplicate shall be retained by the Advocate.

3. Payment Voucher : Payment vouchers are used to record such payments for which receipts are not obtainable from the person to whom such payments are made. For example bus fare, auto fare, court fees, stamps, refreshment expenses etc. In such cases the Advocate signature in the payment voucher and the signature of the person to whom payment is made may be obtained.

4. Journal : Journal is the book of first entry or original entry. In the journal the transactions are recorded in the order of their occurrence. It should contain the following details (i) Date of Transactions (ii) Account to which the transaction relates (iii) Amount to be debited, (iv) Amount to be credited (v) Explanation of the transaction.

5. Ledger : The transactions recorded in the journal are to be posted to the separate heads of account in other book called as Ledger. In the ledger different pages are allotted to the different heads of accounts. When the journal entries are posted to the concerned heads of account in the ledger, the page number of the ledger should be noted in the journal for easy reference.The ledger account of an advocate shall contain the following heads.

Clients Account :

For each and every client separate pages shall be allotted in this ledger and separate account shall be maintained for them.

(i) Fees Account : In this account the fees received from each and every client shall be entered separately. From this account the total amount of fees received from all the clients in a financial year can be ascertained.

(ii) Rent Account.

(iii) Salary Account.

(iv) Library Account.

(v) Printing and Stationary Account.

(vi) Postage and Telegram Account.

(vii) Electricity Charges.

(viii) Conveyance Charges.

(ix) Repair and Maintenance.

(x) Office Miscellaneous Expenses Account.

At the beginning of the ledger book the index may be given with the name of the different heads of account and their respective pages for easy reference.

Case Laws:

Manilal Kher Ambalal And Co. vs A.G. Lulla, Seventh Income-Tax ..1989 176 ITR 253 Bom

Facts of the case:

The Petition is files advocates who are solicitor and advocates enrolled more than 50 years age and has been filing accounts every year with in the rules framed by High court, Bombay with related to their professional work.Petitioner were maintain separate accounts in the banks as per rule 10 of the Bombay High court. When an IT Officer sent the advocates notice furnish the details as per new rules against the method followed by advocates from several years. Advocate preferred this appeal against the change of accounting system.

Issues of the case:

When an advocate is accountable for money received from client towards case and is that of a quasi trust and he holds such money in a fiduciary capacity?
whether the change the accounting system for an advocate can be entitled by IT officer with out proper amendment?

Judgment:

The Bombay High Court ruled that the High Court Rules are unquestionably created in conformity with professional standards and cannot be held accountable. As a result, the petition was approved, and the respondent was required to cover the petitioners’ costs.

2. Associated Law Advisers Antriksh Bhawan v/s ITO Ward I.T.A. No. 5336 & 5846/DEL of 2014

Facts of the Case:

The aforesaid cross appeal have been filed by the Assess as well as the revenue against the impugned order dated 22/8/ 2014 past by under section 143 ( 3) for the assessment year 2010-11

Issues

weather a law firm can treat advance payment received for the payment to senior advocate and for the payment to its own partners in similar manner?
Can an advocate receive money as an address advance in his judiciary capacity?

Judgment:

Once the case has been determined, the advocate may accept the funds in his official capacity as a judge and may treat them solely as advances rather than as profits. The Revenue of Appeal is dismissed, and the Assessor’s Appeal is upheld.

3. Income Tax officer And Anr vs Sudesh Sharma CRM No A-959 of 2014

Facts of the Case:

The special leave petition was filed by appellant against by the acquittal of respondent from case where, respondent acting as Council service clients in many cases submitted the requiste documents and TDS Certificate for the purpose of furnishing clients income tax returns, which were not genuine and also the returns work client wrongly.

Issues:

Weather in advocate maybe held liable for submission of wrong income tax returns showing name of non existing persons in order to derive pecuniary benefits in the shape of refund or it was?
such filing can be considered as the harmful to public servant?

Judgment:

The motion for leave to appeal was denied by the court, which determined that there was insufficient evidence, even if it were cogent, to support any interference with the appealed acquittal judgements. As a result, this petition was dismissed because it lacked merit.

4 .S.S. Industries Vs Union of India Special civil application no 8841/2000

Facts of the Case:

The person chargeable with law makes an interest and the subsection 8 of Sec.73 of the case maybe tax interested and penalty

Issues:

Whether the interpretations of Rules 86a of the CGST rules inserted vide notifications number 75 /2019 procedure for power and blocking the input tax credit in the electronic credit ledger is true or not?
Whether the scope of exercise of power and the Rule 86 a of IT rule is valid or not?

Judgment:

Hear in this case both by the appellant petitions were rejected and failed with appropriate observations.

5. Commissioner of income tax Vs Tanu Bai D. Desai 1972 ITR 713 Bom

Facts of the Case:

The assessee is a practicing solicitor and in the course of caring his profession used to deposit money in a separated bank account, received by his clients. The income tax officer and the appellant assistant commissioner held that the interest earned by advocate on fixed deposits earn out of money paid by client should be should be considered as and should be included in the personal assessment of the assessee aggrieved by the tribunal appellant preferred this petition before the High Court.

Issues:

Weather in advocate interest earned as a practice in solicitor by him and a section 66 (1) of the income Tax Act
In the clients accounts are included in the computation of total income in his personal assessment or not?

Judgment:

After thoroughly discussing the law high Court held that tribunal judgement is correct and high Court held that interest earned by an advocate of fixed deposit maintained in client account need not be considered is that assessment of an advocate personal account.

6. Commissioner of Income tax Sundersons and AIR 1969 cal 211 ITA 453

Fats of the Case:

The petitioner was filed by the appellant under section 66 ( 1) of the Income Tax Act rules on interesting question about solicitor clients relationship

Isssued:

Weather the unclaimed balance in the accounts of the client are credited to the profit and loss account of the law firm or an advocate can be considered as revenue receipts?
Weather search amounts are taxable under the Income Tax Act?

Judgment:

Since the solicitor did not stand in the position of the trustee to the client and limitation Act.the remedy of the client to recover sum of the balance where where the limitations. Amount of such wages could not be added to income of solicitor

7.. Shiv ram das Vs B.V Nerurkar (1937) Bom LR 633

Facts of the case

This is a chamber of s taken summons taken out by the applicants, who are a firms at solicitors against the respondents Who wear the defendant in the suit in the matter of costs incurred by them depending the suit on behalf of the desfendants. respond in contended that before the tax in master that the applicants are not entitled to any profit cost but only to pay their out of pocket.

Issues:

Whether implied or constructive Trustee of a public Charity trust are entitled only to their out of pockets costs of the suit and their offices expenses or else to their profit costs?

Judgment:

Coat held that the appealents are entitled to the costs of their appearance before the taxing master on the taxation of their bills of costs and on the hearing of the objections filed they their quote the petition was allowed

8. VFD and Sopher Vs Waglf & Co (1925) 27 Bom

Facts of the case

In this case the plaintiff ask for the payment to them of the amount at a degree obtained by the defendant R.P Wagle & co against one narotonda attached in executions of the decree in favor of lied sopher in the suit and relised by shering.

Issues:

Whether the priority should be given to the solicitor or a judgment creditor in credit to the lien on judgment?

Judgment:

Court held that the ” All cause should come out of the money is first court decided that applicant or solicitor should be the first priority in lien on judgement Council certified.

9. Dharnraj Giriji Narsingioji Vs. Dayne and Co (1933) 35 Boml 554 ,145, Ind 641

Facts of the case

This is an appeal from an order made by Justice mirzaa or motion taken out by the attorney for the defendant in a Suit against merits to the company who were solicitors for the notice ask that masseive be ordered to pay defendant costs which defendants cause of their suit less certain cost which the defendant head already been directed to bear.

Issues:

where the solicited his personally liable for the costs to the opposing party?

Judgment:

In this case Appeal allowed with cost of the notice motions and appeal. Court held that notice of motions absolutes . Costs to be taxed as if the plaintiff exists.

10. Haji Ismail And Co Vs Rabiabaz & Another

Fact s of the case:

The two diffent in this suit where partners number 96 of 1907 title by the first defendant against the second descendant to dissolution of partnership receiver was appointed to get in the assets.
The plaintiff in this suit having obtained degree a against the defendant were granted leave to issue executions against the assets of the partnership in the hands of the receiver and prohibitorary order was issue on the 19 June 1908 they have taken out a garmishree of notice against the receiver to pay to the plaintiff money.

Issues:

whether a solicitor is entitle to a lean for his costs in property recovered or preserved by his exertions.

Judgment:

petition is allowed by the Court and held that plaintiff a charge or the money.

Blockchain Technology

Meaning

Blockchain technology is a technology that leads to a chain of blocks, containing digital information stored in a public database. It is a distributed database existing on multiple computers at the same time, which constantly grows as new sets of recordings or blocks are added to it.

Types of blockchain networks

There are several ways to build a blockchain network. They can be public, private, permissioned or built by a consortium.

Public blockchain networks

A public blockchain is one that anyone can join and participate in, such as Bitcoin. Drawbacks might include substantial computational power required, little or no privacy for transactions, and weak security. These are important considerations for enterprise use cases of blockchain.

Private blockchain networks

A private blockchain network, similar to a public blockchain network, is a decentralized peer-to-peer network. However, one organization governs the network, controlling who is allowed to participate, execute a consensus protocol and maintain the shared ledger. Depending on the use case, this can significantly boost trust and confidence between participants. A private blockchain can be run behind a corporate firewall and even be hosted on premises.

Permissioned blockchain networks

Businesses who set up a private blockchain will generally set up a permissioned blockchain network. It is important to note that public blockchain networks can also be permissioned. This places restrictions on who is allowed to participate in the network and in what transactions. Participants need to obtain an invitation or permission to join.

Consortium blockchains

Multiple organizations can share the responsibilities of maintaining a blockchain. These pre-selected organizations determine who may submit transactions or access the data. A consortium blockchain is ideal for business when all participants need to be permissioned and have a shared responsibility for the blockchain.

Key elements of a blockchain

Distributed ledger technology

All network participants have access to the distributed ledger and its immutable record of transactions. With this shared ledger, transactions are recorded only once, eliminating the duplication of effort that’s typical of traditional business networks.

Immutable records

No participant can change or tamper with a transaction after it’s been recorded to the shared ledger. If a transaction record includes an error, a new transaction must be added to reverse the error, and both transactions are then visible.

Smart contracts

To speed transactions, a set of rules — called a smart contract — is stored on the blockchain and executed automatically. A smart contract can define conditions for corporate bond transfers, include terms for travel insurance to be paid and much more.

How Does Blockchain Work?

Blockchain consists of three important concepts: blocks, nodes and miners.

Blocks:

Every chain consists of multiple blocks and each block has three basic elements:
The data in the block. A 32-bit whole number called a nonce. The nonce is randomly generated when a block is created, which then generates a block header hash.
The hash is a 256-bit number wedded to the nonce. It must start with a huge number of zeroes (i.e., be extremely small).
When the first block of a chain is created, a nonce generates the cryptographic hash. The data in the block is considered signed and forever tied to the nonce and hash unless it is mined.

Miners:

Miners create new blocks on the chain through a process called mining.
In a blockchain every block has its own unique nonce and hash, but also references the hash of the previous block in the chain, so mining a block isn’t easy, especially on large chains.
Miners use special software to solve the incredibly complex math problem of finding a nonce that generates an accepted hash. Because the nonce is only 32 bits and the hash is 256, there are roughly four billion possible nonce-hash combinations that must be mined before the right one is found. When that happens miners are said to have found the “golden nonce” and their block is added to the chain.
Making a change to any block earlier in the chain requires re-mining not just the block with the change, but all of the blocks that come after. This is why it’s extremely difficult to manipulate blockchain technology. Think of it as “safety in math” since finding golden nonces requires an enormous amount of time and computing power.
When a block is successfully mined, the change is accepted by all of the nodes on the network and the miner is rewarded financially.

Nodes:

One of the most important concepts in blockchain technology is decentralization. No one computer or organization can own the chain. Instead, it is a distributed ledger via the nodes connected to the chain. Nodes can be any kind of electronic device that maintains copies of the blockchain and keeps the network functioning.
Every node has its own copy of the blockchain and the network must algorithmically approve any newly mined block for the chain to be updated, trusted and verified. Since blockchains are transparent, every action in the ledger can be easily checked and viewed. Each participant is given a unique alphanumeric identification number that shows their transactions.

Benefits of using Blockchain Technology:

Immutability: In Blockchain, there is no possibility of changing the data or altering the data; the data present inside the Blockchain is permanent; one cannot delete or undo it.
Transparency: By utilizing blockchain technology, organizations and enterprises can go for a complete decentralized network where there is no need for any centralized authority, thus improving the transparency of the entire system.
High Availability: Unlike centralized systems, Blockchain is a decentralized system of P2P network which is highly available due to its decentralized nature. Since in the Blockchain network, everyone is on a P2P network, and everyone has a computer running, therefore, even if one peer goes down, the other peers still work.
High Security: This is another major benefit that Blockchain offers. Technology is assumed to offer high security as all the transactions of Blockchain are cryptographically secure and provide integrity. Thus instead of relying on third-party, you need to put your trust in cryptographic algorithms.

Applications of Blockchain Technology:

Industry: A few companies that have integrated blockchain in their functioning are Walmart, Pfizer, AIG, Siemens, Unilever, etc. Blockchain has made its way into many industries due to its host of benefits and ease of use and accessibility.
Healthcare: In healthcare, blockchain can be used to store the medical records of patients. The data is immutable, so tampering with it is not even a possibility. Confidential data can be encoded and stored in a private key to limit access by various individuals.
Agriculture: According to Forbes, blockchain is making a hero entry in the food industry as it makes it easy to track the path and safety of food, right from its journey from the farm to the buyer/user. IBM’s Food Trust blockchain is one of the most successful implementations of blockchain in the food industry.
Banking: The banking industry has benefitted the most by integrating blockchain into their business. It has increased their efficiency, reduced transaction time and fees, helped them store customer data, and much more. In 2016, a report from Capgemini stated that consumers could save up to $16 billion in banking and insurance fees each year through blockchain-based applications.
Governance: Blockchain technology can help in ensuring good governance. It ensures transparency of the public records through the usage of a digital form platform and allows auditing of government documents. Moreover it allows to maintain the authenticity of the document and clearly reduces the processing time.

Potential Challenges to Blockchain technology:

Infrastructure and Cross Domain Applications
Scalability and Transaction Speed (achieving higher number of transactions per second)
Data Security and Privacy
Standardization and Interoperability (cross-platform and cross-chain protocols)
Applying AI & Data Analytics
Regulatory Aspects
Ecosystem and supporting framework
Decentralized Infrastructure
Skilled Manpower (Talent)

Conclusion:

Blockchain is a shared, immutable ledger that facilitates the process of recording transactions and tracking assets in a business network. An asset can be tangible (a house, car, cash, land) or intangible (intellectual property, patents, copyrights, branding). Virtually anything of value can be tracked and traded on a blockchain network, reducing risk and cutting costs for all involved. A blockchain network can track orders, payments, accounts, production and much more. And because members share a single view of the truth, you can see all details of a transaction end to end, giving you greater confidence, as well as new efficiencies and opportunities.

STRICT LIABILITY

The Strict Liability principle is also called as ‘No Fault Liability’. This is contradictory to the general principle of negligence in torts where a person can be held liable for commission of a tort only when the plaintiff can prove negligence on his part and the defendant himself is unable to disprove it. There are situations when a person may be liable for some harm even though he is not negligent in causing the same, or there is no intention to cause the harm, or sometimes he may even have made some positive efforts to avert the same. In other words, sometimes the law recognizes ‘NO FAULT’ liability. In this connection, the rules laid down in the decision of the House of Lords in RYLANDS V. FLETCHER (1868) L R 3 H.L. 330.

Rylands v. Fletcher case , the defendant got a reservoir constructed through independent contractor. There were old unused shafts under the site of the reservoir, which the contractors failed to observe and so did not block them. When the water was filled in the reservoir, it burst through the shafts and flooded the plaintiff’s coal mines on adjoining land. The defendant did not know about the shaft and had not been negligent, but he was held liable. This is also called the No fault’ liability. In the given case, the liability recognized was ‘strict liability’ i.e. even if the defendant was not negligent or did not cause any intentional harm; he could still be liable under the rule Court held defendant liable even though there was no negligence on the part of defendant Justice Blackburn formulated the rule –If any person brings keeps any collects any thing on his land which is not naturally there, if the thing escaped then he shall be liable for the consequences. It may not be even his fault in escape of that thing. He must keep the thing at his own peril.

Essentials:

Dangerous Things

According to this rule, the liability for the escape of thing from one’s land arises only when the thing collected was a dangerous thing. In Rylands v. Fletcher, the thing was large water body (reservoir). The rule is also applied to gas, electricity, vibration, sewage, explosive, etc.

2. Escape

For the rule in Rylands v. Fletcher to apply, it is also essential that the thing causing the damage must escape to the area outside the occupation and control of the defendant. The case of Read v. Lyons and Co, is an example of no escape and hence no liability. In this case, the plaintiff was an employee in the defendant’s ammunition factory, while she was performing her duties inside the defendant’s premises, a shell, which was being manufactured there, exploded and she was injured. There was no evidence of negligence on the part of defendant. It was held that the defendant was not liable because there was no escape of thing outside the defendant’s premises. So, the rule of Rylands v. Fletcher did not apply to this case.

3. Non-natural Use of Land

There should be non-natural usage of land to make the defendant liable. Like in Rylands v. Fletcher case, collecting large body of water is considered to be non-natural use of land. In Sochacki v. Sas, it has been held that having a fire place is natural use of land. Even if there is escape of fire from the fire place and the plaintiff suffers harm, the defendants were not held liable as there was no non-natural use of land

Exceptions to Strict Liability

The strict liability rule does not apply in cases involving the following exceptions:

1) Act of God

An act of God is a sudden, direct and irresistible act of nature that nobody can reasonably prepare for. It can cause damage regardless of how many precautions one may take. For example, tsunamis, tornadoes, earthquakes, extraordinary rainfall, etc. are acts of God. Any damage that occurs due to these acts does not attract strict liability.

2) Wrongful act of a third party

Sometimes, the involvement of third parties may be the cause of damages. For example, renovation work in one flat may cause some nuisance to another flat. Here, the tenant affected by the nuisance cannot sue his landlord. He can only sue the person renovating the other flat.

3) Plaintiff’s own fault

In several instances, the plaintiff may himself be at fault for the damage he suffers. In such cases, he cannot shift liability on some other person regardless of how much he suffers.

4) Common Benefit

Where the source of danger is maintained for the common benefit of both plaintiff and defendant, strict liability in torts would not be applicable. In the case of Box v. Jubb (1879) 4 Ex D 76 where the defendant’s reservoir got overflowed partly due to the plaintiff’s reservoir and partly because of the defendant’s act. It was held defendant can’t be made liable because such reservoirs were installed for the common benefit of both the party.

C) Consent of the claimant

This is basically a defense of ‘Volenti non fit injuria’ where the plaintiff has either explicitly or impliedly consented for the presence of such dangerous thing.

D) Statutory authority

If a particular act is done under authorization of a law or statute, for example, an act done by the government agencies, such an act cannot be made strictly liable. In Green v. Chelsea waterworks co (1894) 70 L.T. 547.,where the defendant’s company was engaged to maintain a continuous water supply under statutory authority, it was held that bursting of such water supplies was without any defendant’s fault and statutory protection would be granted.

Conclusion:

Due of preexisting exceptions that eventually assist the defendant in disassociating themselves from their liability, the concept of strict liability in torts is frequently questioned. But, we need also take into account the fact that this rule is an exception in and of itself. Only when someone is at fault can they be held accountable. Nonetheless, this theory enables us to hold someone accountable even in the absence of blame.

Mortgage

The term ‘Mortgage’ consists of two words ‘Mort’ and ‘Gage’. Mort which means ‘ a place of public sale and ‘Gage’ means ‘A pledge’. In this way, mortgage means a pledge made at a place of public sale.

Definition of mortgage –

Section 58(a) of the Transfer of Property Act 1882 defines Mortgage as “A mortgage is the transfer of an interest in specific immovable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to a pecuniary liability. The transferor is called a mortgagor, the transferee a mortgagee; the principal money and interest of which payment is secured for the time being are called the mortgage-money, and the instrument (if any) by which the transfer is effected is called a mortgage-deed.

Essential conditions of a mortgage:

1. There is a transfer of interest to the mortgagee.

2. The interest created in specific immovable property.

3. The mortgage should be supported by consideration

What is the purpose of the Mortgage Deed?

The mortgage deed’s first and most important obligation is to identify the parties to the deed
The lender’s rights are enforced in court by the deed. It guarantees that if the borrower defaults or misses a payment, the lender will be compensated by selling the property.
If the mortgagor refuses to pay or breaks the conditions of the contract, the mortgagee has the power to take action on the property.
The deed contains a comprehensive inspection of the property’s interest and title. It assists in determining who is the legal owner of the mortgaged property.
The mortgage deed aids in determining the loan amount and interest rate.
If stipulated in the Contract, the mortgage deed also grants the mortgagee the right to take possession of the property.
The mortgage deed serves as proof that ownership of the property has been transferred to the lender.

What are the benefits about mortgage deeds?

Once you opt for a secured loan, such as a mortgage loan, the lender knows they’ll get their money back, whether it’s through your repayment or the purchase of the property. If you don’t grasp the conditions of your mortgage, you can end up paying more than you need to, or you might misinterpret the provisions and lose your home.

When you enter into a legal deal with another person or entity, you must conduct your own due diligence. You must be aware of and comprehend your legal obligations, their scope, and the contract’s privileges and restrictions. You could forfeit your property if you don’t keep your half of the bargain, which could be a big problem for you.

Taking full advantage of your mortgage loan, you must first study, analyse, and thoroughly go over the mortgage deed prior signing the dotted lines. “You’re never smarter for not understanding something,” goes the adage, and this couldn’t be more accurate in situations involving your money and possessions.

The Mortgage Process

Would-be borrowers begin the process by applying to one or more mortgage lenders. The lender will ask for evidence that the borrower is capable of repaying the loan. This may include bank and investment statements, recent tax returns, and proof of current employment. The lender will generally run a credit check as well.

If the application is approved, the lender will offer the borrower a loan of up to a certain amount and at a particular interest rate. Home buyers can apply for a mortgage after they have chosen a property to buy or while they are still shopping for one, a process known as pre-approval. Being pre-approved for a mortgage can give buyers an edge in a tight housing market because sellers will know that they have the money to back up their offer.

Once a buyer and seller agree on the terms of their deal, they or their representatives will meet at what’s called a closing. This is when the borrower makes their down payment to the lender. The seller will transfer ownership of the property to the buyer and receive the agreed-upon sum of money, and the buyer will sign any remaining mortgage documents. The lender may charge fees for originating the loan (sometimes in the form of points) at the closing

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Introduction

The preamble of the constitution and environment protection

Legislative powers and matters of environmental protection

International Environmental Agreements

Obligation of State and Environmental Protection

Obligation of citizens and environmental protection

Right to life and Environment Protection

Right To Equality and Environmental Protection

Freedom of Speech and Expression and Environment

Freedom of Trade and Commerce and Environmental Protection

Role of the Supreme Court in environmental protection

Polluter Pays Principle

Precautionary Principle

The doctrine of Public trust

Sustainable Development

Conclusion

Meaning:

Salient Features of the Biological Diversity Act – 2002:

Exemptions from the Act

Framework of Biological Diversity Act, 2002

The National Biodiversity Authority(NBA)

Functions and Powers of NBA:

State Biodiversity Boards (SBBs)

Functions of SBBs

Biodiversity Management Committees (BMCs)

Structure

National Biodiversity Fund:

Conclusion:

Effectiveness of mediation proceedings

Mediation and Conciliation

Matrimonial mediation

Procedure of mediation

Conclusion

Factors that Led Environmental Degradation

Types of Environmental Degradation

Deforestation

Extinction

Desertification:

Emission

Erosion

Causes of environmental degradation

Effects of Environmental Degradation

Relationships Between Organisms and Environment

Understanding Ecosystems

Biological Processes in Ecosystems

BIOSPHERE & BIOMES

Difference Between Biome and Biosphere

Biome vs Biosphere

Conclusion

PLACE OF KEEPING THE ACCOUNTS BOOKS.

Rules Relating to Accounting Under Income Tax Act.

Clients Account :

Case Laws:

2. Associated Law Advisers Antriksh Bhawan v/s ITO Ward I.T.A. No. 5336 & 5846/DEL of 2014

3. Income Tax officer And Anr vs Sudesh Sharma CRM No A-959 of 2014

4 .S.S. Industries Vs Union of India Special civil application no 8841/2000

5. Commissioner of income tax Vs Tanu Bai D. Desai 1972 ITR 713 Bom

6. Commissioner of Income tax Sundersons and AIR 1969 cal 211 ITA 453

7.. Shiv ram das Vs B.V Nerurkar (1937) Bom LR 633

8. VFD and Sopher Vs Waglf & Co (1925) 27 Bom

9. Dharnraj Giriji Narsingioji Vs. Dayne and Co (1933) 35 Boml 554 ,145, Ind 641

10. Haji Ismail And Co Vs Rabiabaz & Another

Meaning

Types of blockchain networks

Public blockchain networks

Private blockchain networks

Permissioned blockchain networks

Consortium blockchains

Key elements of a blockchain

Distributed ledger technology

Immutable records

Smart contracts

How Does Blockchain Work?

Blocks:

Miners:

Nodes:

Benefits of using Blockchain Technology:

Applications of Blockchain Technology:

Potential Challenges to Blockchain technology:

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