TC247

6
LAW CENTRE 2 COMMON INDUCTION MOOT 2023

Before Hon’able Supreme Court of Bharati

Public Interest Litigation

Writ petition No._____ of 2024

IN THE MATTERS OF:

Mr. X

& Others_________________________________________Petitioners

Versus

Union of Bharati

& Others_______________________________________Respondents

UPON SUBMISSION TO THE HON’BLE CHIEF JUSTICE AND

HIS LORDSHIP’S COMPANION

JUSTICES OF THE HON’BLE SUPREME COURT OF BHARATI

WRIT PETITION INVOKED UNDER ARTICLE 32 OF THE

CONSTITUTION OF BHARATI

MEMORIAL ON BEHALF OF THE RESPONDENTS

 Common Induction Moot 2024

Table of Contents

CONTENT PAGE NUMBER

Table of Abbreviations 3

Index of Authorities 4

Statement of Jurisdiction 6

Statement of Facts 7

Issues 8

Summary of Arguments 9

Arguments Advanced 10

Prayer 18

2
 Common Induction Moot 2024

Table of Abbreviations

Abbreviation Full form

& And

Art. Article

Anrs. Another

Ors. Others

SCC Supreme Court Cases

SCR Supreme Court Reporter

The Constitution The Constitution of Bharati

v. Versus

3
 Common Induction Moot 2024

Index of Authorities

Case Laws
Sardar Syedna Taher Saifuddin Saheb v. State of Bombay (1962) 1962 INSC 1

Om Birangana Religious Society Through ... vs The State And Ors. (1996) 2CALLT474(HC)

Pintu Sha & Anr vs Sub-Divisional Officer & Ors on 30 January, 2015 (*Citation could not
be retrieved)

Articles, Research Papers and Websites

Moot Proposition

River Ganga pollution: Causes and failed management plans (correspondence on Dwivedi et
al.2018. Ganga water pollution: A potential health threat to inhabitants of Ganga basin.
Environment International 117, 327–338)
Polluted Assessment of River Ganga - [2013] https://cpcb.nic.in/wqm/pollution-assessment-ganga-
2013.pdf (last visited on May 16, 2024).
https://mission-ganga.thewaternetwork.com/article-FfV/5-major-causes-of-water-pollution-in-
india-9KVMFHoXd5RaoSsoMLGbwA (last visited on May 16, 2024).
https://www.worldwildlife.org/species/ganges-river-
dolphin#:~:text=Dolphins%20below%20a%20dam%20are,of%20fish%20and%20other%20pr
ey. (last visited on May 16, 2024).

https://www.wwfindia.org/about_wwf/priority_species/threatened_species/gharial/ (last
visited on May 16, 2024).
Manupatra.com

4
 Common Induction Moot 2024

Statutes
The Constitution of Bharati

5
 Common Induction Moot 2024

Statement Of Jurisdiction

The jurisdiction of the Hon’ble Supreme Court of Bharati has been invoked under Article 321 of
the Constitution of Bharati (hereinafter “the Constitution”).

The same has been reproduced hereunder for ready reference:

Article 32.2 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.

1 Constitution of Bharati
2 Ibid

6
 Common Induction Moot 2024

Synopsis of Facts

1. The Gargi is a trans-boundary river of Asiana which flows through Bharati and Bang Desh.
It is the third largest river on Earth by discharge. The Gargi is the most sacred river to
Hindus. It is worshipped as the Goddess Gargi in Hinduism.
2. The Gargi is threatened by severe pollution. This poses a danger not only to humans but
also to animals. The river also contains reptiles and mammals, including critically
endangered species such as the Gharial and South Asiana River Dolphin.
3. The levels of fecal coliform bacteria from human waste in the river near Panasi are
more than a hundred times the Bharti government's official limit. The Gargi 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.
4. Gargi Mahasabha is an Bharati organization dedicated to the Gargi, founded by Madan
Krishna Malaviya in 1905. After a long struggle, Pritish Bharti agreed on 5 November 1914
that the uninterrupted flow of the Gargi is the rudimentary right of Hindu believers. The
day is known as an 'Aviral Gargi Samjhauta Divas' (Uninterrupted Gargi flow agreement
day) in the history of Bharati 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 Bharati after independence though it is
legally valid. More and more river water is being diverted for irrigation use,
converting the river into a polluted sewer.
5. The Gargi Action Plan (GAP) was launched by former Prime Minister of Bharati, 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 Bharati, on 20 February 2009 under
Section 3 of the Environment Protection Act, 1986. It declared the Gargi as the "National

7
 Common Induction Moot 2024

River" of Bharati. The chair includes the Prime Minister of Bharati and Chief Ministers of
states through which the Gargi flows. In 2011, the World Bank approved $1 billion in
funding for the National Gargi River Basin Authority.
7. A Public Interest Litigation was filed that the banks of the river Gargi should not be grounds
for the cremation ceremonies of the dead 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 river with the direction that the body be completely cremated.3

3 Moot Proposition

8
 Common Induction Moot 2024

Issues

1. Whether the PIL is violative of the religious rights of individuals of the Hindu community?

2. Whether the cremation of dead bodies and immersion of ashes in Gargi the leading cause of
pollution and responsible for its current state?

2.1. Thus, is banning cremation and immersion of ashes the be-all and end-all solution to
curb pollution?

3. Whether the cremation of dead bodies and immersion of ashes in Gargi is the real threat to
the species on the verge of extinction?

9
 Common Induction Moot 2024

Summary of Arguments

Argument 1: Whether the PIL is violative of the religious rights of individuals

of the Hindu community?

It is humbly submitted before this Hon’ble Court that the PIL is violative of the religious rights of
individuals of the Hindu community as it violates their right to practice their religion as enshrined
in the Constitution under Art. 254.

Argument 2: Whether the cremation of dead bodies and immersion of ashes in

Gargi the leading cause of pollution and responsible for its current state?

It is humbly submitted before this Hon’ble Court that the cremation of dead bodies and immersion
of ashes in Gargi the leading cause of pollution and responsible for its current state. Factors like
dumping of untreated domestic and industrial effluents etc. have caused it to become severely
polluted.

Argument 3: Whether the cremation of dead bodies and immersion of ashes in

Gargi the real threat to the species on the verge of extinction?

It is humbly submitted before this Hon’ble Court that the cremation of dead bodies and immersion
of ashes in Gargi is not the real threat to the species on the verge of extinction as they are vulnerable
to other pollutants like untreated effluents and human activity like diversion of water and
bycatching.

4
Constitution of Bharati

10
 Common Induction Moot 2024

Advanced Arguments

Argument 1: Whether the PIL is violative of the religious rights of

individuals of the Hindu community?

1. It is humbly submitted before this Hon’ble Court that this Public Interest Litigation is
violative of the religious rights of the individuals of the Hindu community. It goes against
the values envisaged in the Constitution of Bharati under Article 255 which states that:

“25. Freedom of conscience and free profession, practice and propagation of religion
(1) Subject to public order, morality and health and to the other provisions of this Part, all
persons are equally entitled to freedom of conscience and the right freely to profess,
practise and propagate religion.
(2) Nothing in this article shall affect the operation of any existing law or prevent the State
from making any law—
(a)regulating or restricting any economic, financial, political or other secular activity
which maybe associated with religious practice;
(b)providing for social welfare and reform or the throwing open of Hindu religious
institutions of a public character to all classes and sections of Hindus.”6

2. Art. 25 of Bharti’s Constitution guarantees the fundamental right to freedom of religion. It

encompasses various aspects related to the freedom to profess, practice, and propagate
religion. The freedom of religion under this article is subject to reasonable restrictions
imposed in the interest of public order, morality, and health.

5
Constitution of Bharati
6
Ibid

11
 Common Induction Moot 2024

3. It is relevant to refer to the case of Sardar Syedna Taher Saifuddin Saheb v. State of Bombay
(1962)7, the Supreme Court addressed the issue of religious freedom and held that the
freedom to manage religious affairs includes the right to determine the essential practices
of a religious denomination. The court emphasized that the state should not interfere in
matters of religious faith unless such practices are considered immoral or contrary to
public order.

4. Cremation and immersion of ashes in the river Gargi is an integral custom, being practiced
since time immemorial in the Hindu religion, which is believed to help achieve salvation.
According to Hindu custom, the deceased are cremated as it is believed that souls, after
living in the body for such a long time, get attached to the body and refuse to leave. The
custom has to it attached the strong belief of the followers of the religion.

5. In Om Birangana Religious Society Through ... v. The State And Ors8, the Calcutta High
Court even though laid down strict guidelines regarding their rules, it directed the
respondents to allow the use of speakers in accordance with law as a complete ban on them
would be against the constitution. Also, similarly in Pintu Sha & Anr v. Sub-Divisional
Officer & Ors9, the court highlighted that the Sub-Divisional officer exceeded his powers
when he put an absolute ban on the use of microphones and allowed their usage in
accordance with law.

7
1962 INSC 1
8
2CALLT474(HC)
9
Proper Citation could not be retrieved

12
 Common Induction Moot 2024

Argument 2 : Whether the cremation of dead bodies and immersion

of ashes in Gargi the leading cause of pollution and responsible for its
current state?
1. It is humbly submitted before this Hon’ble Court that the cremation of dead bodies and
immersion of ashes in Gargi is not the leading cause of pollution and is not responsible for
its current state.
2. From a plain perusal of the reports, like those published by the CPCB10 (Central Pollution
Control Board) one can observe that the immersion of ashes nowhere contributes to the
pollution unlike other human activities like industrial effluents, sewage waste etc. Quoting
a paragraph from the abovementioned report:

“Major point sources of pollution in river Ganga are discharge of untreated/partially

treated sewage from - urban centres, - discharge from open drains carries sewage, -
industrial wastewater, returned storm water, -discharge from major tributaries, -
discharge of untreated/partially treated/treated wastewater from industrial units.”11

3. The inability of the government to effectively implement the plans and programs to curb
pollution have added to the already deteriorating condition of the river. For example, the
Gargi Action Plan, whose 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 has been
considered a failure which is variously attributed to corruption, a lack of will in the
government, poor technical expertise, environmental planning.12

4. 'Aviral Gargi Samjhauta Divas' (Uninterrupted Gargi flow agreement day) 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 Bharti after

10
Polluted Assessment of River Ganga - [2013]
11
Ibid
12
Moot Proposition

13
 Common Induction Moot 2024

independence though it is legally valid. More and more river water is being diverted for
irrigation use, converting the river into a polluted sewer. The levels of fecal coliform
bacteria from human waste in the river near Panasi are more than a hundred times the Bharti
government's official limit. 13
5. Gargi has plenty of water in its upper course. It is, however, starved of water when it enters
the plain area. Irrigation canals whisk away clean water soon after the rivers reach the
plains, denying water to flow in the river downstream. What flows into the river is water
trickling in from small insignificant streams and drains carrying untreated sewage and
effluents. The river-turned drain flow downstream with little or no fresh water unless a
large river augments the depleted flows.14
6. As the quantity of fresh water in the river is negligibly small, pollution—either from urban
and rural areas, industries or even natural forms of pollution—cannot get diluted and its ill
effects are not reduced.15
7. According to a report of the Ministry of Water Resources on the study of minimum flows
in the Gargi, impact on river water quality resulting from discharges of treated or untreated
wastewater into the river will depend on the dilution offered by the quantum of flows in
the river. The existing minimum flow in the Gargi at Kanpur in May is hardly 50 cumecs
(cubic metres per second) whereas the required minimum in the same month is 350 cumecs.
The study further says that since the water is scarce it is not possible to add further fresh
water for dilution. The solution lies in less amounts of pollution entering the river.16
8. Among all the sources of pollution, municipal sewage and industrial effluents are the major
contributors in the plight of the Ganga. Almost 75% of pollution in the river is due to
untreated discharge of sewage wastewater from rapidly-growing urban settlements along
the river.17

13
Moot Proposition
14
https://mission-ganga.thewaternetwork.com/article-FfV/5-major-causes-of-water-pollution-in-india-
9KVMFHoXd5RaoSsoMLGbwA (last visited on May 16, 2024).
15
Ibid
16
Ibid
17
River Ganga pollution: Causes and failed management plans (correspondence on Dwivedi et al.
2018. Ganga water pollution: A potential health threat to inhabitants of Ganga basin. Environment
International 117, 327–338)

14
 Common Induction Moot 2024

Argument 2.1: Thus, is banning cremation and immersion of ashes

the be-all and end-all solution to curb pollution?

1. It is humbly submitted before this Hon’ble Court that a ban on the cremation of dead
bodies and immersion of ashes in Gargi is not the be-all and end-all solution to curb
the pollution.

2. This is because it is not the leading cause of pollution as opposed to the untreated
sewage waste and industrial affluents that are responsible for its current state.

“Among all the sources of pollution, municipal sewage and industrial

effluents are the major contributors in the plight of the Ganga (Dwivedi
et al., 2018). Almost 75% of pollution in the river is due to untreated
discharge of sewage wastewater from rapidly-growing urban settlements along the
river (Das, 2011)”18

3. Thus, better implementation strategies for pre-existing plans, policies and programs,
with stringent measures along with new strategies to combat the ever-increasing
pollution seem to be the only way forward.

18
River Ganga pollution: Causes and failed management plans (correspondence on Dwivedi et al.
2018. Ganga water pollution: A potential health threat to inhabitants of Ganga basin. Environment
International 117, 327–338)

15
 Common Induction Moot 2024

Argument 3 : Whether the cremation of dead bodies and immersion

of ashes in Gargi is the real threat to the species on the verge of
extinction?
1. It is humbly submitted before this Hon’ble Court that the cremation of dead bodies and
immersion of ashes in Gargi is not the real threat to the species on the verge of extinction.
2. The Gargi 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.19
3. The official WWF website states bycatching and industrial, agricultural and human
pollution as the threats to the South Asiana River Dolphin.

“Ganges river dolphins and people both favor areas of the river where fish are plentiful
and the water current is slower. This has led to fewer fish for people and more dolphins
dying as a result of accidentally being caught in fishing nets, also known as bycatch. The
Ganges River Dolphin is still hunted for meat and oil, which are both used medicinally.
The oil is also used to attract catfish in net fishery.”
“Industrial, agricultural, and human pollution is another serious cause of habitat
degradation. Each year, 9,000 tons of pesticides and 6 million tons of fertilizers are used
in the vicinity of the river. High levels of pollution can directly kill prey species and
dolphins, and completely destroy their habitat. As the top predator, river dolphins have
been known to have high levels of persistent toxic chemicals in their bodies, which is
likely to adversely affect their health.”20

4. Also, the WWF India’s official website talks about the dangers to the Gharial and cogently
mentions the myriad of reasons causing threat to its existence, with immersed ashes not
even remotely being one of them.

19
Moot Proposition
20
https://www.worldwildlife.org/species/ganges-river-
dolphin#:~:text=Dolphins%20below%20a%20dam%20are,of%20fish%20and%20other%20prey. (last visited on
May 16, 2024).

16
 Common Induction Moot 2024

“Dam, barrages, and water abstraction adversely affects gharial by turning suitable river
habitats into marginal/ unsuitable lakes, and by altering the quantity and quality of water
available to downstream river sections. Gharial, with its long, toothy rostrum is particularly
vulnerable to entanglement in fishing nets, where it is frequently trapped underwater and
drowns. Entangled gharial are also commonly killed or have their rostrums chopped off to
disentangle nets and perhaps, in retaliation for damaging nets. River bed cultivation threatens
gharial survival by alienating them from the terrestrial component of its habitat leading to
desertion and migration. Sustained mining activity may destroy vital basking and nesting sites
and may also result in direct mortality of eggs during the nesting season.”21

21
https://www.wwfindia.org/about_wwf/priority_species/threatened_species/gharial/ (last visited on May 16, 2024).

17
 Common Induction Moot 2024

PRAYER FOR RELIEF

WHEREFORE IN THE LIGHT OF ISSUES RAISED, ARGUMENTS ADVANCED AND

AUTHORITIES CITED, IT IS HUMBLY PRAYED THAT THIS HONORABLE COURT
MAY BE PLEASED TO DECLARE THAT:

1. The present PIL is not maintainable under Article 32 as it violates the rights enshrined
under Art. 25 of the individuals of the Hindu Community.
2. The PIL should also be dismissed because it tacitly identifies cremation and immersion of
ashes as the primary cause of pollution, which is not the case as has been elucidated before
in the arguments.

AND PASS ANY OTHER ORDER, DIRECTION, OR RELIEF THAT IT MAY DEEM FIT
IN THE INTEREST OF JUSTICE, FAIRNESS, EQUITY AND GOOD CONSCIENCE.

FOR THIS ACT OF KINDNESS, THE APPELLANT AS IN DUTY BOUND SHALL

FOREVER PRAY.

18
Common Induction Moot 2024

19