Environment Law Symbiosis Law School

I Year B.B.A. L.L. B (Hons) Semester-II (2023)

1st Internal Assessment

Subject – Environmental law

Topic:
Art of Living Event on the Yamuna Floodplains Case

NAME: ARNAV KASHAP NAME: RUSHIKESH MUNDHE

DIVISION: B DIVISION: B
PRN: 22010126166 PRN: 22010126166
COURSE: BBA LLB(HONS) COURSE: BBA LLB(HONS)

Total Words - 2337

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Abstract

The Art of Living Event on the Yamuna Floodplains case is a significant environmental law case
highlighting the importance of environmental protection and the need for a comprehensive and
integrated approach to tackling environmental issues. The case relates to the pollution and damage
caused to the Yamuna River, a significant water source for the people of Delhi, due to a cultural
event organised by the Art of Living Foundation. The event caused damage to the river and its
ecosystem, affecting the availability and quality of water, and led to legal action against the
Foundation. The case led to a discussion on liability and types of harm in environmental law and the
need for compliance with international environmental law, such as the United Nations Framework
Convention on Climate Change and the Sustainable Development Goals. The case emphasises the
importance of protecting water resources, adopting sustainable practices, and reducing the impact of
human activities on climate change. The Art of Living Event on the Yamuna Floodplains case
highlights the interconnectedness of environmental, social, and economic issues and the need for an
integrated approach to sustainable development. The point is linked to multiple SDGs, including
Clean Water and Sanitation (SDG 6), Responsible Consumption and Production (SDG 12), Climate
Action (SDG 13) and Life on Land (SDG 15)

Introduction

The Art of Living Event on the Yamuna Floodplains case is a relevant and vital environmental law
case highlighting the need for environmental protection and the impact of human activities on the
environment. In today's world, with the increasing focus on sustainability and climate change, this
case serves as a reminder of the importance of responsible consumption and production practices
and the need to protect our natural resources. The case revolves around a cultural event organised
by the Art of Living Foundation on the Yamuna River floodplains in Delhi, which caused damage
to the river and its ecosystem, leading to legal action against the Foundation. This case is a pertinent
example of the legal consequences of environmental damage and the need for compliance with
international environmental law. Furthermore, the case emphasises the interconnectedness of
ecological, social, and economic issues and the need for an integrated approach to sustainable
development.1 Overall, the Art of Living Event on the Yamuna Floodplains case holds significant
relevance today and serves as a valuable reminder of the importance of environmental protection
and sustainable development.

1 "Environmental impact assessment of the world cultural festival 2016 held in Delhi by Art of Living Foundation" by
Neelima Satyam and Rajan Choudhary, International Journal of Environmental Studies, 2019.
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The case drew attention to the liability and types of harm in ecological law and highlighted the
importance of environmental conservation for the well-being of society. The lawsuit also underlines
the need for environmental impact assessments and the importance of upholding the principle of
'polluter pays'. The point is linked to several Sustainable Development Goals (SDGs), including
Clean Water and Sanitation (SDG 6), Responsible Consumption and Production (SDG 12), and
Climate Action (SDG 13). The case serves as a reminder of the need to adopt sustainable practices
and reduce the impact of human activities on the environment. In this context, the Art of Living
Event on the Yamuna Floodplains case remains relevant and significant today as we strive to
achieve the SDGs and work towards a more sustainable future. 2
The NGT is a specialised judicial body in India that has been established to handle cases related to
environmental disputes and violations. It can hear about ecological issues and impose penalties,
fines, or other remedies to ensure compliance with environmental laws and regulations. The NGT
has jurisdiction over all environmental laws in India, including air, water, and soil pollution laws. It
also has the power to hear cases related to forests and wildlife protection.3
In the Art of Living Event on the Yamuna Floodplains case, the NGT played a crucial role in
holding the Art of Living Foundation accountable for violating environmental laws and causing
damage to the Yamuna floodplains ecosystem. The NGT imposed a fine of Rs. 5 crores on the
Foundation for their actions, which served as a deterrent against future violations and emphasised
the importance of environmental protection. The NGT's decision was based on several provisions of
Indian environmental law, including the Water (Prevention and Control of Pollution) Act, 1974, and
the Environmental Impact Assessment Notification, 1994, which require compliance with
environmental regulations and standards.
The NGT's role in the Art of Living Event on the Yamuna Floodplains case highlights the
significance of specialised environmental courts and the importance of enforcing environmental
laws and regulations in India. The NGT's decision, in this case, was a landmark ruling, as it
demonstrated the court's ability to hold violators accountable for their actions and promote
environmental protection. It also emphasised the need for all stakeholders, including governments,
private companies, and individuals, to take responsibility for their environmental impact and work
towards a more sustainable future.

Relevant SDGs to the case

2 "Art of Living Foundation’s Mega Cultural Event on the Yamuna Floodplains: Environmental Costs and Legal
Ramifications" by Devashish Bharuka, Journal of Environment & Development, 2019.
3 Indian Council for Enviro-Legal Action v. Union of India, (2011) 8 SCC 161.
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The Art of Living Event on the Yamuna Floodplains case is linked to the following Sustainable
Development Goals (SDG):

SDG 6 - Clean Water and Sanitation: This SDG aims to ensure the availability and sustainable
management of water and sanitation for all. The case relates to the pollution and damage caused to
the Yamuna River, a significant water source for the people of Delhi. The event caused damage to
the river and its ecosystem, affecting the availability and quality of water. The case highlights the
importance of protecting water resources and ensuring access to clean and safe water for all.
SDG 12 - Responsible Consumption and Production: This SDG ensures sustainable consumption
and production patterns. The Art of Living Event on the Yamuna Floodplains case highlights the
need for responsible and sustainable consumption and production practices that reduce
environmental impact. The case emphasises the importance of adopting sustainable practices and
reducing the carbon footprint to protect the environment and promote sustainable development.
SDG 13 - Climate Action: This SDG aims to take urgent action to combat climate change and its
impacts. The Art of Living Event on the Yamuna Floodplains case highlights the importance of
preventing environmental damage and reducing human activities' impact on climate change. The
case emphasises the need for a comprehensive and integrated approach to tackle environmental
issues and promote sustainable development.
SDG 15: Life on Land, which aims to protect and restore terrestrial ecosystems and promote the
sustainable use of land. The Art of Living Event caused damage to the Yamuna floodplains, which
are an essential ecosystem and violated environmental norms. The case highlights the importance of
preserving and protecting our planet's terrestrial ecosystem and biodiversity and the need for
businesses and organisations to conduct their activities sustainably and responsibly.
Overall, the Art of Living Event on the Yamuna Floodplains case is linked to multiple SDGs,
highlighting the interconnectedness of environmental, social, and economic issues and the need for
an integrated approach to sustainable development.

The significant provisions of law that are relevant to the Art of Living Event on the Yamuna
Floodplains case:
Water (Prevention and Control of Pollution) Act, 1974: This law aims to prevent and control
water pollution and protect water resources. It empowers the central and state pollution control
boards to regulate and enforce the law's provisions. The Act requires that organisations take
measures to prevent and control water pollution and obtain permission from the relevant authorities
before discharging any pollutants into water bodies.

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Air (Prevention and Control of Pollution) Act, 1981: This law aims to prevent and control air
pollution and protect the environment and human health. It empowers the central and state pollution
control boards to regulate and enforce the law's provisions. The Act requires that organisations take
measures to prevent and control air pollution and obtain permission from the relevant authorities
before emitting any pollutants into the air.
Environmental Impact Assessment (EIA) Notification, 1994: This notification requires that any
project or activity likely to impact the environment significantly undergo an environmental impact
assessment before obtaining clearance from the relevant authorities. The review includes an
evaluation of the project's potential environmental impacts and proposes measures to mitigate these
impacts.
National Green Tribunal (NGT) Act, 2010: The NGT is a specialised court established to handle
environmental protection and conservation cases under this Act. The NGT can hear and dispose of
issues related to ecological disputes and enforce its decisions.

These laws and regulations aim to protect the environment and ensure sustainable development by
regulating and controlling pollution and promoting conservation efforts. The violation of these
provisions in the Art of Living Event on the Yamuna Floodplains case led to the NGT imposing a
fine on the organisation for causing environmental damage.

The critical issues related to the Art of Living Event on the Yamuna Floodplains:
M.C. Mehta v. Union of India (1987): This landmark case dealt with the pollution of the Ganga
River and led to the Supreme Court issuing directions for protecting the river and preventing decay.
The case established the concept of 'polluter pays' and held that those responsible for polluting the
river should bear the cost of its restoration and rehabilitation.4
Vellore Citizens Welfare Forum v. Union of India (1996): This case dealt with the pollution of
the river Palar and led to the Supreme Court laying down the ‘precautionary principle' principle in
environmental law. The regulation states that in cases of scientific uncertainty about potential
environmental harm, preventive measures should be taken to prevent such damage.5
Indian Council for Enviro-Legal Action v. Union of India (2011): This case dealt with the
pollution of the Yamuna River and led to the NGT issuing directions for the restoration and
rejuvenation of the river. The case highlighted the need for a comprehensive and integrated
approach to tackle the pollution of the river and protect its ecosystem.6

4 M.C. Mehta v. Union of India, (1987) 1 SCC 395.

5 Vellore Citizens Welfare Forum v. Union of India, (1996) 5 SCC 647
6 Indian Council for Enviro-Legal Action v. Union of India, (2011) 8 SCC 161.
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Art of Living Foundation v. National Green Tribunal (2016): This case involves the Art of
Living Event on the Yamuna Floodplains, which caused damage to the environment. The NGT held
the organisation liable for the damage caused and imposed a fine on it. The case highlights the
importance of complying with environmental laws and regulations and preventing environmental
damage.7
These cases demonstrate the significance of environmental protection and the need to adopt a
comprehensive and integrated approach to tackle environmental issues.

Comparative aspects related to the Art of Living Event on the Yamuna Floodplains case:
International law: The Art of Living Event on the Yamuna Floodplains case highlights the need
for compliance with international environmental law, such as the United Nations Framework
Convention on Climate Change and the Sustainable Development Goals. The case demonstrates the
importance of implementing environmental policies and regulations that align with international
obligations.

Comparative cases: The Art of Living Event on the Yamuna Floodplains case can be compared
with other issues related to environmental damage caused by human activities. For example, the
Deepwater Horizon oil spill in the Gulf of Mexico led to significant damage to the environment and
marine life, and BP, the company responsible for the fall, had to pay billions of dollars in fines and
compensation. The comparison highlights the need for companies and organisations to be held
accountable for the environmental damage caused by their activities.
Environmental conservation: The Art of Living Event on the Yamuna Floodplains case highlights
the need for a comprehensive and integrated approach to ecological protection. The case emphasises
the importance of protecting the environment and its ecosystem and taking precautionary measures
to prevent harm.
Sustainability: The Art of Living Event on the Yamuna Floodplains case highlights the importance
of sustainable development and the need to balance economic growth with environmental
protection. The case demonstrates the need for organisations and individuals to adopt sustainable
practices and reduce their environmental impact to ensure the planet's and its inhabitants' long-term
health and well-being.
Overall, the Art of Living Event on the Yamuna Floodplains case highlights the importance of
environmental protection and the need for a comprehensive and integrated approach to tackling
environmental issues.

7 Art of Living's culture event on Yamuna flood plains: NGT slaps Rs 5 crore fine" by Srestha Banerjee, Down to
Earth, 2016.
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Conclusion

In conclusion, the Art of Living Event on the Yamuna Floodplains case is a crucial reminder of the
importance of environmental protection and sustainable development. The case highlights the
liability and types of harm in environmental law, the need for compliance with international
environmental law, and the principle of 'polluter pays'.8 It underscores the importance of
environmental impact assessments and the interconnectedness of ecological, social, and economic
issues. The case is linked to several Sustainable Development Goals (SDGs), emphasising the need
for responsible consumption and production practices, clean water and sanitation, and climate
action. The case remains relevant today as we strive to achieve the SDGs and work towards a more
sustainable future. It calls for greater attention to environmental conservation and sustainable
practices, as well as the need for environmental protection and the reduction of the impact of human
activities on the environment. Overall, the Art of Living Event on the Yamuna Floodplains case is a
useful example of the legal consequences of environmental damage and the need for greater
environmental awareness and protection. A few things that could have been done differently were
that The Art of Living Foundation could take steps to mitigate the damage caused by their event on
the Yamuna floodplains, such as participating in ecological restoration efforts or funding
environmental conservation projects in the area. The NGT could consider implementing more
stringent penalties for environmental violations to deter future offenders and ensure that those who
damage the environment are held accountable for their actions.
Furthermore, the Art of Living Event on the Yamuna Floodplains case highlights the importance of
upholding environmental standards and regulations to protect vulnerable ecosystems and ensure the
local community's well-being. The case also demonstrates the need for all stakeholders, including
governments, private companies, and individuals, to take responsibility for their environmental
impact and work towards a more sustainable future. As we continue to face global environmental
challenges, such as climate change and biodiversity loss, the case serves as a call to action to
prioritise environmental conservation and adopt sustainable practices. To sum it all up, the Art of
Living Event on the Yamuna Floodplains case is a valuable lesson and an inspiration for all of us to
strive for a more sustainable and just world.

8 "Art of Living event on Yamuna floodplain: NGT imposes Rs 5 crore fine on Sri Sri's foundation" by ET Online,
Economic Times, March 9, 2016: https://economictimes.indiatimes.com/news/politics-and-nation/art-of-living-event-
on-yamuna-floodplain-ngt-imposes-rs-5-crore-fine-on-sri-sris-foundation/articleshow/51305973.cms
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