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TABLE OF CONTENTS

I. LIST OF ABBREVIATION

II. TABLE OF AUTHORITIES

III. INTRODUCTION

IV. STATEMENT OF JURISDICTION

V. STATEMENT OF FACTS

VI. ISSUES RAISED

VII. SUMMARY OF ARGUMENTS

 Failure of the Central Government and Violation of Constitutional Duties.
 Violation of Right to Health and Life.
 Inclusion of Forest Fires in National Policy on Disaster Management.
 Manmade Activities and Responsibility

VIII. ARGUMENTS ADVANCED

IX. PRAYER

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LIST OF ABBREVIATION

UNFCCC United Nations Framework Convention on Climate Change

CBD United Nations Convention on Biological Diversity

UNCCD United Nations Convention to Combat Desertification

SDG Sustainable Development Goals

HMD Hulton Meteorological Department

Hon’ble Honourable

& And

SC Supreme Court

HC High court

Anr Another

Et al. And Other

Govt. Government

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TABLE OF AUTHORITIES

 Constitution of Hulton

 National Forest Policy 1988

 EP Act 1986

 Rio Convention

 Paris Agreement

 National Policy on Disaster Management

 Forest Fire Disaster Management Report

 Various statutes of Hulton and Cascades

 High Court of Cascades case law

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INTRODUCTION

May it please this Hon’ble Court,

In the grand tapestry of nature's creation, forests stand as the verdant guardians of life,
embodying the symbiotic relationship between humanity and the environment. From time
immemorial, forests have cradled civilizations, offering sustenance, shelter, and spiritual
solace to generations past and present. They are not merely repositories of timber and flora
but are sanctuaries of biodiversity, nurturing a delicate balance of ecosystems that sustain all
forms of life.
Today, as we stand at the precipice of environmental crisis, the sanctity of our forests faces an
unprecedented threat in the form of rampant forest fires. These infernos, fuelled by a lethal
cocktail of climate change, human negligence, and governmental inaction, ravage our
woodlands with relentless fury, leaving in their wake desolation and despair. The
conflagration of our forests not only imperils the delicate equilibrium of nature but also
encroaches upon the fundamental rights of our citizens, threatening their health, livelihoods,
and very existence.
Against this backdrop of ecological peril, the appellant, Nithima Sah, beseeches this
esteemed Court to heed the clarion call of environmental stewardship and justice. Through
this solemn invocation of legal recourse, the appellant seeks not mere recompense for past
transgressions but a beacon of hope for the preservation of our planet's most sacred legacy—
the forests. As we embark upon this legal odyssey, let us reaffirm our collective resolve to
safeguard the natural heritage bestowed upon us and to bequeath unto future generations a
world where the emerald sentinels of our forests stand tall, resilient, and inviolate.

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STATEMENT OF JURISDICTION

The present case is rightfully before this Hon’ble Court, the High Court of Cascades,
exercising its original jurisdiction, as it pertains to matters deeply entrenched within the
territorial boundaries and governance framework of Cascades. The jurisdiction of this Court
is invoked to address the pressing issues surrounding unchecked forest fires and their
consequential ecological disasters within the state.
First and foremost, it is essential to recognize that the subject matter of this case directly
implicates the fundamental rights and welfare of the citizens of Cascades. The right to a
healthy environment and the right to life, enshrined within the Constitution of Hulton, are
central to the concerns raised in this petition. As such, this Court, as the guardian of
constitutional rights and liberties, possesses the inherent jurisdiction to adjudicate upon
matters that threaten the enjoyment of these fundamental rights by the citizens.
Furthermore, the issues raised in this case transcend mere local concerns and hold
implications at the national and international levels. Forest fires, being a significant
contributor to environmental degradation and climate change, are not confined to the
boundaries of Cascades alone. The adverse effects of these fires extend beyond territorial
limits, affecting neighbouring states and nations. Thus, addressing the root causes and
mitigating the impacts of forest fires necessitates a holistic approach that involves both local
and central governmental bodies. In this regard, the jurisdiction of this Court extends to
overseeing and ensuring the effective coordination and implementation of policies and
measures aimed at combating forest fires.
Moreover, the case at hand raises questions regarding the interpretation and application of
various international agreements and conventions to which Hulton is a signatory. The Rio
Convention, the Paris Agreement, and the Sustainable Development Goals (SDGs) all
underscore the imperative of forest conservation and climate change mitigation. The
obligations arising from these international instruments are binding on the government of
Hulton, including its constituent states such as Cascades. Thus, this Court, as a custodian of
the rule of law and international legal commitments, possesses jurisdiction to adjudicate upon
matters concerning compliance with these agreements and conventions.
In light of the foregoing, it is evident that the issues raised in this petition fall squarely within
the purview of this Hon’ble Court's jurisdiction. As the guardian of constitutional rights, the
interpreter of international obligations, and the sentinel of environmental protection, this
Court is uniquely positioned to adjudicate upon the complexities surrounding forest fires and
their attendant consequences in Cascades. Therefore, the jurisdiction of this Court is
unequivocally invoked, and it is incumbent upon this Hon’ble Bench to adjudicate upon the
merits of the case in accordance with the principles of justice, equity, and the rule of law

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STATEMENT OF FACTS

These facts provide a comprehensive overview of the ecological crisis caused by forest fires
in Hulton, particularly in Cascades, and the legal, environmental, and societal implications
thereof, forming the basis for the appellant's plea before the High Court.
1. Forests as Integral to Human Ecosystem: Forests have historically served as crucial
components of the human ecosystem, providing shelter, sustenance, and biodiversity.
Over time, human activities, including agriculture and urbanization, have significantly
impacted forest cover.
2. International Recognition of Forest Importance: Various international conventions,
including the Rio Convention, UNFCCC, CBD, and UNCCD, emphasize the vital
role of forests in global sustainability and climate change mitigation.
3. Paris Agreement and Climate Change Mitigation: The Paris Agreement, signed by
nations worldwide in 2015, aims to limit global temperature rise and underscores the
urgency of addressing climate change, including forest-related issues.
4. Forest Fires and Their Impacts: Forest fires pose a significant threat to forest
ecosystems and livelihoods, exacerbating climate change and endangering
biodiversity. Despite their severity, forest fire management remains inadequate,
lacking proper policies, resources, and preventive measures.
5. Forest Cover in Hulton: Hulton, a highly populated Asian country, boasts diverse
forest vegetation covering 21.05% of its total area. Despite its biodiversity richness,
Hulton faces challenges, including high carbon emissions due to rapid
industrialization.
6. Climate Change Effects: The warming planet, beyond 1.5°C above preindustrial
levels, poses severe health risks globally, including in Hulton.
7. Escalating Forest Fire Incidents: Hulton has witnessed a significant increase in forest
fire incidents, with over 3,000 major fires in recent years, particularly during the peak
fire season starting in March.
8. Cascade’s Glacial Region Under Threat: Cascades, a hilly state with glaciers crucial
for river systems, faces glacier melting due to forest fires, exacerbating ecological
imbalances.
9. Legal Duties and Inaction: Despite legal provisions mandating forest conservation and
pollution prevention, authorities have failed to address forest fires effectively. The
lack of action by both local and central governments exacerbates the ecological crisis.
10. Anthropogenic Causes: Forest fires in Hulton, including Cascades, are primarily
anthropogenic, caused by human negligence, illegal logging, and shifting cultivation
practices.
11. Petition before the High Court: Nithima Sah, an advocate, filed a petition before the
High Court of Cascades, seeking urgent measures to curb forest fires, restore
ecological balance, and hold authorities accountable for inaction.
12. Respondents' Responses: The respondents argue that recent forest fire incidents have
been contained, attributing them to erratic weather patterns and human negligence.
However, they acknowledge the need for preventive measures and propose initiatives
such as biological check dams and alternative use of pine needles.
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ISSUES RAISED

 Whether the Central Government has abdicated its constitutional duties in

addressing the crisis of forest fires.

 Whether the inaction of the Government of Cascades constitutes a violation of

the right to health and life of its citizens.

 Whether Forest fires should be included in the National Policy on Disaster

Management
.
 Whether anthropogenic activities are primarily responsible for the surge in
forest fires, implicating local communities in climate change.

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SUMMARY OF ARGUMENTS

The appellant contends that the alarming escalation of forest fires necessitates urgent and
concerted action by all stakeholders. In the crucible of legal scrutiny, the appellant submits a
cogent narrative of systemic failure and governmental negligence, weaving together a
tapestry of legal, constitutional, and moral imperatives. Through a dissection of the issues at
hand, the appellant elucidates upon the multifaceted dimensions of the forest fire crisis and
articulates a compelling case for judicial intervention and environmental stewardship.
1. Failure of the Central Government and Violation of Constitutional Duties:
The appellant underscores the solemn constitutional duties incumbent upon the Central
Government to protect and preserve the nation's forests. By failing to proactively address the
crisis of forest fires and uphold its obligations under Part IV of the Constitution of Hulton and
Sustainable Development Goals (SDGs), the Central Government stands culpable of
dereliction of duty and breach of trust.
2. Violation of Right to Health and Life:
The unchecked proliferation of forest fires poses a direct threat to the fundamental rights
enshrined in Article 21 of the Constitution—the right to life and personal liberty. Through a
prism of legal scrutiny, the appellant delineates the causal nexus between forest fires, public
health hazards, and governmental inaction, laying bare the egregious violations perpetrated
against the citizenry.
3. Inclusion of Forest Fires in National Policy on Disaster Management:
The appellant advocates for the inclusion of forest fires in the National Policy on Disaster
Management, recognizing them as recurrent natural disasters with far-reaching implications
for ecological integrity and public welfare. By elucidating upon the lacunae in disaster
preparedness and mitigation efforts, the appellant implores the Court to compel the
formulation of proactive measures to address the menace of forest fires.
4. Manmade Activities and Responsibility:
The appellant interrogates the role of anthropogenic activities in exacerbating the crisis of
forest fires, underscoring the culpability of local communities and commercial interests in
perpetuating ecological degradation. Through a prism of legal accountability, the appellant
advocates for stringent enforcement of environmental laws and community engagement to
mitigate the risk posed by human-induced forest fires.

In summation, the appellant invokes the conscience of this Hon’ble Court to wield the sword
of justice with tempered resolve and unwavering determination, to stem the tide of
environmental degradation and uphold the sanctity of our forests for generations to come.

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ARGUMENTS ADVANCED

1. Failure of the Central Government and Violation of Constitutional Duties:

The Central Government, as a signatory to international agreements and custodian of

environmental governance, bears a solemn duty to protect the nation's forests. However, its
inertia and apathy in addressing the crisis of forest fires constitute a dereliction of
constitutional duties under Part IV of the Constitution of Hulton and its commitments to
Sustainable Development Goals (SDGs).

2. Violation of Right to Health and Life:

The unchecked proliferation of forest fires poses a direct threat to the health and life of
citizens, infringing upon their fundamental rights enshrined in Article 21 of the Constitution.
By failing to mitigate the risk of forest fires and safeguard public health, the Government of
Cascades has failed in its duty to uphold the rights of its citizens.

3. Inclusion of Forest Fires in National Policy on Disaster Management:

Forest fires, as recurrent natural disasters, demand inclusion in the National Policy on
Disaster Management. The absence of specific provisions addressing forest fires underscores
a glaring lacuna in disaster preparedness and mitigation efforts, warranting immediate
rectification by the concerned authorities.

4. Manmade Activities and Responsibility:

Anthropogenic activities, including illegal logging, encroachment, and negligent

agricultural practices, significantly contribute to the escalation of forest fires. The culpability
of local communities and commercial interests in exacerbating the menace of forest fires
underscores the need for stringent enforcement of environmental laws and community
participation in conservation efforts.

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PRAYER

In light of the foregoing arguments, the appellant humbly prays for the following
reliefs:

1. Issuance of directions to the Central Government to undertake immediate and effective

measures to combat forest fires and uphold its constitutional duties.
2. Directives to the Government of Cascades to prioritize forest fire mitigation efforts and
ensure the protection of citizens' right to health and life.
3. Inclusion of forest fires in the National Policy on Disaster Management, with provisions
for proactive prevention and mitigation strategies.
4. Accountability of anthropogenic activities contributing to forest fires through stringent
enforcement of environmental laws and community engagement.

For these reasons and those elucidated hereinabove, the appellant fervently implores this
Hon’ble Court to grant the reliefs sought in the interest of justice and environmental
conservation.

***

[Name of Counsel]

[Bar Council Registration No.]

[Address]

[Contact Information]

[Date]

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