ENVIRONMENT LAW INTERNAL ASSIGNMENT- II

SUBMITTED BY:

TARANJEET SINGH

1983142

BA LLB, B

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 THE LAW FOR PROTECTION OF MOTHER EARTH ACT, 2023

PREAMBLE

WE, THE PEOPLE of INDIA, recognizing the importance of preserving our planet for future
generations, hereby adopt this Universal Declaration of the Rights of Nature.

Section 1: Short title, extent, commencement and application. - (1) This Act may be
called THE LAW FOR PROTECTION OF MOTHER EARTH ACT, 2023.

(2) it shall extend to the whole of India and, save as otherwise provided in this Act, it applies
also to any offence or contravention thereunder committed outside India by any person

Section 2: Definition- for the purposes of this Declaration,

2(a) "Nature" refers to all living organisms, natural resources, ecosystems, and the planet
Earth.

2(b) “Bio-diversity” Biodiversity refers to the variety of living organisms on Earth,

including all the different species of animals, plants, fungi, and microorganisms, as well as
the genetic diversity within each species and the diversity of ecosystems and habitats in
which they live. Biodiversity is essential to the functioning of ecosystems and the services
they provide, such as the production of oxygen, the regulation of climate, the provision of
food and medicines, and the purification of water and air. It is also important for human well-
being and cultural diversity, as many communities rely on biodiversity for their livelihoods
and cultural practices.

2(c) “Basic necessity” refers to the fundamental needs that are required for human survival
and well-being. These include access to clean water, nutritious food, shelter, clothing,
healthcare, education, and employment opportunities. Basic necessities are considered
essential for a decent standard of living, and their fulfilment is often seen as a basic human
right. Lack of access to basic necessities can lead to poverty, malnutrition, disease, and social
exclusion, and is a major challenge in many parts of the world.

Section 3: Right to Life Nature has the inherent right to exist, thrive, and regenerate its vital
cycles, structures, functions, and evolutionary processes.

Section 4: Right to Biodiversity Nature has the right to biodiversity and the maintenance of
its ecological balance, including the protection of endangered species and their habitats.

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Section 5: Right to Clean Water and Air Nature has the right to clean water, air, and soil,
free from contamination and pollution.

Section 6: Right to a Healthy Environment Nature has the right to a healthy environment
that supports its vitality, diversity, and ability to evolve.

Section 7: Right to Restoration Nature has the right to the restoration and rehabilitation of
ecosystems that have been damaged or destroyed.

Section 8: Right to Participation Nature has the right to participate in decisions that affect
its well-being, including the right to be consulted and represented in all decision-making
processes.

Section 9: Right to Enforcement Nature has the right to effective enforcement mechanisms
that ensure the protection of its rights and the prevention of harm.

Section 10: Right to Education Nature has the right to education and awareness-raising
programs that promote its rights and foster a culture of respect and responsibility towards it.

Section 11: Right to Access Justice Nature has the right to access justice and seek legal
remedies for the violation of its rights.

Section 12: Duty of States States have the duty to respect, protect, and promote the rights of
nature, and to ensure that their activities do not cause harm to nature.

Section 13: Duty of Corporations Corporations have the duty to respect the rights of nature,
and to conduct their activities in a manner that does not cause harm to nature.

Section 14: Duty of Individuals Individuals have the duty to respect the rights of nature, and
to act in a manner that does not cause harm to nature.

Section 15: Prohibition of Ecocide Ecocide, defined as the extensive damage, destruction,
or loss of ecosystems, is prohibited under this Declaration.

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Section 16: Penal Clauses Violations of the rights of nature shall be subject to penal clauses,
including fines, imprisonment, and other appropriate sanctions.

Section 17: Protection of Sacred Sites Sacred sites, areas of special spiritual or cultural
significance to indigenous peoples and local communities, shall be protected under this
Declaration.

Section 18: Precautionary Principle The precautionary principle shall be applied to all
activities that may cause harm to nature, requiring that such activities be avoided or
minimized.

Section 19: International Cooperation International cooperation shall be promoted to

ensure the protection of the rights of nature, including the sharing of knowledge,
technologies, and best practices.

Section 20: Review Clause This Declaration shall be subject to review and revision to ensure
its effectiveness and relevance to changing circumstances.