1st N J Yasaswy Virtual National Environmental Law Moot Court Competition

before The Hon’ble Supreme Court of Indi

ORIGINAL WRIT JURISDICTION

PUBLIC INTEREST LITIGATION

………………………………… PETITIONERS

v.

Union of Indi AND ANR……. .……………RESPONDENTS

MEMORIAL for PETITIONERS

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TABLE OF CONTENTS

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LIST OF ABBREVIATIONS

& And

Inc. Incorporation

Galar United States of Galar

Anr. Another

Art. Article

COG Constitution of Galar

LA Legislative Assembly

Etc. Etcetera

FRs Fundamental Rights

LC Legislative Council

Ltd. Limited

Ors. Others

IPC Indian Penal Code

Pvt. Private

SC Supreme Court
OTT Over-the-top
Sec. Section

OCCP Online Curated Content Platform

OCRA Online Content Regulation Act

UOI Union of India

v. Versus

Vol. Volume

S.L.P Special Leave Petition

Del. DELHI

MP Madhya Pradesh

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SCC Supreme Court Cases

Bom Bombay

AIR All India Reporter

IT ACT Information Technology Act, 2000

SCR Supreme Court Records

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INDEX OF AUTHORITIES

STATUTES AND REGULATIONS

 Constitution of Galar, 1900

 Galarian Penal Code, 1860
 Information Technology Act, 2000
 Indian Contract Act, 1872

LIST OF CASES

Nikhil Bhalla v. Union of India and Ors., W.P.(C) 7123/2018. And

S. Rangarajan Etc v. P. Jagjivan Ram, 1989 SCC (2) 574. Incorporation

Viacom 18 Media Private Limited & Ors. v. Union of India & Ors., Writ United States
Petition(s)(Civil) No. 36 of 2018. of Galar
Padmanabh Shankar v. Union of India and Ors., Writ Petition No.6050/201. Another

Ekta Kapoor v. State of M.P., M.Cr.C. No. 28386/2020. Article

Constitution
K. A. Abbas vs The Union of India & Anr, 1971 SCR (2) 446.
of Galar
Odyssey Communications Pvt. Ltd v. Lokvidayan Sanghatana & Ors., 1988 Legislative
AIR 1642. Assembly
Bobby Art International, Etc vs Om Pal Singh Hoon & Ors, (1996) 4 SCC
Etcetera
1.
Fundamental
Shreya Singhal vs U.O.I, Writ Petition No. 167 of 2012.
Rights
Legislative
Sakal Papers (P) Ltd. & Ors. v. Union of India, 1962 SCR (3) 842.
Council
Shayara Bano vs Union of India and Ors., Writ Petition (C) No. 118 of
2016. Limited

U.K., Scott v Sampson’, (1882) QBD 491 Others

Indian Penal
Devbrata Shastri vs Krishna Ballabh AIR 1954 Patna 84, 1953,
Code
Govt. Of Nct Of Delhi And Anr. vs Shri Ran Singh And Ors., AIR 1951 SC Private
270.
Supreme
Pandit Someshwar Dutt v. Pandit Tirbhawan Dutt, (1934) 36 BOMLR 652.
Court

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DATEBASE

 Indian Kanoon
 LexisNexis Advance Search
 JSTORE
 Manupatra
 SCC Online

DICTIONARY

Black’s Law Dictionary, (8th ed., 2004).

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STATEMENT OF JURISDICTION

The Hon‟ble Supreme Court of Rambo has the jurisdiction in this matter under Article 32 of
the Constitution of Rambo which reads as follows:

“32. Remedies for enforcement of rights conferred by this Part-

(1) The right to move the Supreme Court by appropriate proceedings for the
enforcement of the rights conferred by this Part is guaranteed.

(2) The Supreme Court shall have power to issue directions or orders or writs,
including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto
and certiorari, whichever may be appropriate, for the enforcement of any of the
rights conferred by this Part.”

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STATEMENT OF FACTS
THE RIVER GARUDA

The Garuda is a trans-boundary river of Asiana which flows through Indi and Banglidesh.
The 2,525 km (1,569 mi) river rises in the western Hims in the Indin state of Uttara and flows
South and East through the Gangetic Plain of North Indi into Banglidesh, where it empties
into the Bay of Dongal. It is the third largest river on Earth by discharge. The Garuda is the
most sacred river to Hindus. It is a lifeline to millions of Indis who live along its course and
depend on it for their daily needs.It is worshipped as the Goddess Garuda in Hinduism. It has
also been important historically, with many former provincial or imperial capitals (such as
Patali, Kann, Karan, Kashu, Patni, Hajipura, Mungeri, Bhagalpuram, Murshibad, Bahapur,
Kapilya, and Kilkata) located on its banks. The main stem of the Garuda begins at the town
of Devnagar, at confluence of the Vishwananda, which is the source stream in hydrology
because of its greater length, and the Bhagyarathi, which is considered the source stream in
Hindu mythology.

POLLUTION IN THE RIVER GARUDA AND STEPS TAKEN TO PREVENT IT

The Garuda is threatened by severe pollution. This poses a danger not only to humans but
also to animals; the Garuda is home to approximately 140 species of fish and 90 species of
amphibians. The river also contains reptiles and mammals, including critically endangered
species such as the gharial and South Asiana river dolphin. The levels of fecal coliform
bacteria from human waste in the river near Panasi are more than a hundred times the Indi
government's official limit. The Garuda Action Plan, an environmental initiative to clean up
the river, has been considered a failure which is variously attributed to corruption, a lack of
will in the government, poor technical expertise, environmental planning, and a lack of
support from the native religious authorities. Garuda Mahasabha is an Indi organization
dedicated to the Garuda, founded by Madan Krishna Malaviya in 1905. After a long struggle,
Pritish Indi agreed on 5 November 1914 that the uninterrupted flow of the Garuda is the
rudimentary right of Hindu believers. The day is known as an 'Aviral Garuda Samjhauta
Divas' (Uninterrupted Garuda flow agreement day) in the history of Indi and the agreement
came into existence on 19 December 1916 which is known as Agreement of 1916. The
sanctity of the agreement is not preserved by the state and central governments of Indi after
independence though it is legally valid. More and more river water is being diverted for

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irrigation use, converting the river into a polluted sewer. The Garuda Action Plan (GAP) was
launched byformer Prime Minister of Indi, on June 1986 with covering 25 Class I towns (6 in
Uttar Pradesh, 4 in Biham and 15 in West Dongal); Rs 862.59 crore were spent. Its main
objective was to improve the water quality by the interception, diversion, and treatment of
domestic sewage and to prevent toxic and industrial chemical wastes from identified
polluting units from entering the river. 6. NRGBA was established by the Central
Government of Indi, on 20 February 2009 under Section 3 of the Environment Protection
Act, 1986. It declared the Garuda as the "National River" of Indi. The chair includes the
Prime Minister of Indi and chief ministers of states through which the Garuda flows. In 2011,
the World Bank approved $1 billion in funding for the National Garuda River Basin
Authority.

CREMATION ON THE RIVER BANKS AND ITS EFFECTS

A Public Interest Litigation was filed that the banks of the river Garuda should not be
grounds for the cremation ceremonies of the dead as it pollutes the water and a provision be
made that a land may be given 2-5 km away from the river to perform such rituals with
facilities such as bathing areas for the ritual performers and the quantity of the amount of the
ashes be fixed as 10 gm for the disposal in the holy riverwith the direction that the body be
completely cremated as the pollution occurs right from where the river originates to the end
with the unburnt parts of the dead pollutes the water which is harmful and unsanitary for the
environment.Any person who does not follow these guidelines and provisions shall be
punished for imprisonment for up to 20 years as a criminal offence. The petitioner himself
belonging to the Hindu Religion claims that many religious rituals such as ‘Sati pratha’,
‘jauhar’, ‘nar-bali’ have been abolished by the courts. High Court has also ordered that
animals are not to be sacrificed in temples, as protection of the Environment and Wildlife is
more important than age-old holy traditions and rituals that causes harm to our environment
and promotes killing of the animals. The petitioner claims that he himself being a Hindu
understands the importance of rituals but believes that it is more important to protect our
surroundings and the environment we live in and since the cremation ceremonycreates drastic
pollution of the river, it is in clear violation of the Environment (Protection) Act, 1986 and
The Water (Prevention and Control of Pollution) Act, 1974 and also violates Article 21 of the
Constitution of Indi.

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ISSUES RAISED

-I-

Whether the Public Interest Litigation is Maintainable.

-II-

Are the statues and international conventions being violated due to cremation on the bank of
river Garuda?

-III-

Whether Part III, IV and IVA of the Constitution of Indi are being violated due to cremation
on the bank of river Garuda?

-IV-

Can Cremation on the banks of Garuda River be booked under IPC?

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SUMMARY OF ARGUMENTS

1. WHETHER THE PUBLIC INTEREST LITIGATION IS MAINTAINABLE.

2. ARE THE STATUES AND INTERNATIONAL CONVENTIONS BEING VIOLATED DUE TO

CREMATION ON THE BANK OF RIVER GARUDA?

3. WHETHER PART III, IV AND IVA OF THE CONSTITUTION OF INDI ARE BEING
VIOLATED DUE TO CREMATION ON THE BANK OF RIVER GARUDA?

4. CAN CREMATION ON THE BANKS OF GARUDA RIVER BE BOOKED UNDER IPC?

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 ARGUMENTS ADVANCED
1. WHETHER THE PUBLIC INTEREST LITIGATION IS MAINTAINABLE.

1.1   The petition has been filed in public interest and therefore maintainable as Public
Interest Litigation

1.2   Alternative remedy cannot be a bar

1.3   The jurisdiction of the SC under Art. 32 of the Constitution extends to violation of
the rights alleged in the present matter

1.3.1   Violation of right of the people of Indi

1.3.2   Violation of rights of people living around the banks of river Garuda

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2. ARE THE STATUES AND INTERNATIONAL CONVENTIONS BEING VIOLATED DUE TO

CREMATION ON THE BANK OF RIVER GARUDA?

  2.1 The Violation of provisions under The   Environment (Protection) Act, 1986   

     2.2 The Violation of provisions under The Water (Prevention and Control of Pollution)
Act,   1974 

      2.3 National Green Tribunal Act, 2010

            2.4 Wildlife Protection Act, 1972

         2.5 The International conventions that are being violated 

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3. WHETHER PART III, IV AND IVA OF THE CONSTITUTION OF INDI ARE BEING
VIOLATED DUE TO CREMATION ON THE BANK OF RIVER GARUDA?

  3.1 Violation of the Fundamental Rights Guaranteed by the Constitution 

       3.1.1 Violation of Article 21

       3.1.2 Right to Environment 

   3.2 Violation of DPSP and Fundamental Duties provided under Part IV and IVA
respectively of the Constitution 

         3.2.1 Violation of Article 48A 

         3.2.2 Violation of 51A

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4. CAN CREMATION ON THE BANKS OF GARUDA RIVER BE BOOKED UNDER IPC?

   4.1 Sections in relation to environment 

           4.1.1 268

           4.1.2 290

           4.1.3 277

           4.1.4  278

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PRAYER

WHEREFORE IN THE LIGHT OF THE ISSUES RAISED, ARGUMENTS ADVANCED

AND AUTHORITIES CITED, IT IS HUMBLY PRAYED THAT THIS HON’BLE
SUPREME COURT MAY BE PLEASED,

1. DECLARE that the Online Content Regulation Act, 2020 is unconstitutional on the
ground of procedural ultra-vires.

2. DECLARE that the Legislature of the State of Hammerlocke was not competent to enact
the Online Content Regulation Act, 2020.

3. DECLARE that the provisions of the act are violative of Part III of the Indian
Constitution.

4. HOLD that Mr. Raihan is not entitled for the relief of interim injunction restraining the
release of the Part-4 of the docu-series titled “Disgraced Lords”.

AND PASS ANY OTHER ORDER, DIRECTION, OR RELIEF THAT THIS HON’BLE
COURT MAY DEEM FIT IN THE INTERESTS OF JUSTICE, EQUITY, AND GOOD
CONSCIENCE.

FOR THIS ACT OF KINDNESS, THE APPLICANT DUTY BOUND SHALL. ALL OF
WHICH IS HUMBLY PRAYED AND SUBMITTED.

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Respectfully submitted,

Team __

Counsels for the Petitioners.