executive in coping with the pressures on the environment brought about by change

The shortcomings of the executive in coping with the pressures on the environment brought about by change in the country’s economic policies had thrust the responsibility of environmental protection upon the judiciary. This has meant that in India, the Judiciary in some instances had had to not only exercise its role as an interpreter of the aw but has also had to take upon itself the role of constant monitoring and implementation necessitated through a series of public interest litigations that have been initiated in various courts. However, in the defence of the executive, it must be said that India has actively participated in several multilateral treaties and has been active in admitting its commitments to the environment in accordance with the general principles of International Law while incorporating them into its national laws. Much of the difficulty of the executive in implementing these laws can perhaps be attributed to resource constraints as well.

In its efforts to protect the environment, the Supreme Court and the Indian Judiciary in general have relied on the public trust doctrine, precautionary principle, polluter pays principle the doctrine of strict and absolute liability, the exemplary damages principle, the pollution fine principle and inter-generational equity principle apart from the existing law of the land. Another guiding principle has been that of adopting a model of sustainable development. The consistent position adopted by the courts as enunciated in one of its judgments has been that there can neither be development at the cost of the environment or environment at the cost of development.

Thus, the Supreme Court recognizes the need for development and proper utilization of our natural resources for the betterment of our society. However, this cannot be done at the expense of the environment itself.

The courts in India have, thus, played a dynamic role in preserving the environment and eco-system. In a series of cases, the superior courts of India issued various directions and orders to prevent the environmental degradation. To understand the role of the courts in this regard, the structure of the judicial system and also the constitutional and statutory provisions are to be taken note of.

It is true that there were various laws even in the nineteenth century to prevent vandalism of human beings. The Indian Penal Code which came into existence in 1860 imposes fine on a person who voluntarily fouls the water of any public spring or reservoir. The Code penalizes acts with poisonous substances that endanger life or cause injury and proscribes public nuisance.  The Indian Easements Act 1882 protected the riparian owners against unreasonable pollution by upstream uses. The Indian Fisheries Act passed in 1897 penalises the killing of fish by poisoning water and by using explosives.

Thereafter series of enactments were passed to protect the purity of air and water and degradation of forests. But the provision contained in these enactments were not seriously being implemented by the authorities.

In December, 1984, India witnessed one of the greatest man-made calamities in Bhopal, the capital city of the State of Madhya Pradesh, from a factory owned by Union Carbide India Limited. Methyl Isocyanate, a highly poisonous gas leaked out and it resulted in the death of more than two thousand persons who were mostly the hutment-dwellers in the near vicinity of the factory. The air carried the leaked deadly poisonous gas to the thickly populated areas and about two lakhs people suffered various bodily injuries. The Union Carbide India Limited is a company incorporated in India by Americans. The Bhopal Gas Tragedy was an eye opener and the protection of environment was taken as a serious matter. The Indian Parliament passed the Environment Protection Act, 1986. The Environment Protection Act empowers the Central Government to take measures to protect and improve the environment. Rules were also framed for implementation of the provisions of the Act. The various provisions of this Act give power to the Central Government to take measures to protect and improve the environment and they include:

• Power to take all measures necessary for purpose of protecting and improving the quality of environment and preventing, controlling and abating environmental pollution,
• Coordination of actions of state governments, officers and other authorities under any law,
• Planning and executing of nationwide program for prevention, control and abatement of environmental pollution,
• Laying down standards for quality of environment in its various aspects,
• Laying down emission standards from various sources,
• Restriction of areas in which any industry, operations etc. will not be carried out,
• Inspections of plants etc.,
• Constitution of authorities,
• Issue of directions,
• Lay down rules to regulate environmental pollution,
• Emissions to meet standards,
• Power of entry and inspection Power to take samples.

On the one hand the rich look askance at our continuing poverty

On the one hand the rich look askance at our continuing poverty — on the other, they warn us against their own methods. We do not wish to impoverish the environment any further and yet we cannot for a moment forget the grim poverty of large numbers of people. Are not poverty and need the greatest polluters? For instance, unless we are in a position to provide employment and purchasing power for the daily necessities of the tribal people and those who live in or around our jungles, we cannot prevent them from combing the forest for food and livelihood; from poaching and from despoiling the vegetation. When they themselves feel deprived, how can we urge preservation of animals? How can we speak to those who live in villages and in slums about keeping the oceans, the rivers and the air clean when their own lives are contaminated at the source?  The environment cannot be improved in conditions of poverty. Nor can poverty be eradicated without the use of science and technology. “The ecological crises should not add to the burdens of the weaker nations by introducing new considerations in the political and trade policies of rich nations. It would be ironic if the fight against pollution were to be covered into another business, out of which a few companies, corporations, or nations would make profit at the cost of the many.”

The 1972 Stockholm Conference marked a watershed in the history of environment management in India. Prior to 1972 in India, the environmental concerns such as sewerage disposal, sanitation and public health were dealt with by federal ministries and each pursued their own objectives in the absence of a proper coordination system. The twenty-fourth UN General Assembly decided to convene a conference on the human environment in 1972, and requested a report from each member country on the state of the environment. As a result of these reports, greater coordination was achieved regarding the environmental policies and programmes. Thereafter, in sixth five-year plan an entire chapter on Environmental and Development was included that emphasized sound and environmental and ecological principles in land use, agriculture, forestry, marine exploitation, mineral extraction, fisheries, energy production and human settlements. It provided environmental guidelines to be used by administrators and resource managers when formulating and implementing programmes, and lay down an institutional structure for environmental management by the Central and State governments. The Planning Commission was set up as an expert committee to formulate long term sectoral policies. It also noted that many environmental problems were continuing to cause serious concern, for example the loss of topsoil and vegetative cover, the degradation of forests, continuing pollution by toxic substances, careless industrial and agricultural practices, and unplanned urban growth. It acknowledged that environmental degradation was seriously threatening the economic and social progress of the country and that our future generations may discover that life support systems have been damaged beyond repair.

The Constitution has robbed the Bhartiya Sanskrits IDENTITY

The Constitution has robbed the Bhartiya Sanskrits  IDENTITY, making them faceless like the terracotta figures in China. It does recognize Christianity and honoured the Pope as the State guest and gave state funeral in honour of Teresa, the nun from Albania. And it does “touch the feet” of Mohammed of Mecca by making the gift of ISLAMIC Pakistan to him. But it does not see any BHARTIYA SANSKRIT in Bhartiya Sanskritthan. Hajj subsidies for them to Mecca, YES!, but Sri Ram’s RUINED temple in Ayodhya, for us, NO!  

And finally, what does this Constitution say about the patriotic Sikhs? Well, they have their thumbs to suck till the next Operation “Blue Star”. The Constitution concedes them EQUALITY with the Bhartiya Sanskrit.

It would have been an ideal document for “Akhand” Bharat but it was imposed on “Broken” Bharat. It was the dress for a strong elephant that the jugglers tried to put on a lame goat.

All those writing it under the terror & awe of “Bandit” Jawaharlal Nehru were NOT even born in it. They were born in India that had Khyber Pass and Chittagong in it. But being dull and duffer, still the slaves and coolies of the previous Empire, they believed that the mud in their hands was gold.

It was the India in chaos, mayhem, massacres and communal frenzy with the promise of worse to come. But all this REALITY was ignored in the Document that is called “Constitution of India”.

This Constitution goes PARTIAL "charge their batteries" against the Kafirs and Infidels confirms separate ISLAMIC.

This Constitution goes PARTIAL and PARTISAN in ignoring the Hajj subsidies to MUSLIMS going to Mecca to "charge their batteries" against the Kafirs and Infidels. I confirms separate ISLAMIC identity on J & K State vide Article 370 of Constitution, leaving the other States green with envy and sense of impotence.This Constitution did not expect or require Prime Minister MAIMOONA BEGUM to retain East Bengal after its capture in 1972. This Constitution does not have a single word of praise or encouragement for the NATIVE faiths and Bhartiya Sanskrits of India. This Constitution cares two hoots if the Supreme Commander or President is a MOHAMMEDAN, CHRISTIAN or ATHEIST who calls our Bhartiya Sanskrit "rubbish". It ignores and insults the 85% majority as if the Bhartiya Sanskrit were a mere 15% of population. This Constitution is NO friend of the BHARTIYA SANSKRIT of INDIAN origin living in Fiji, Uganda, Sri Lanka and even Pakistan and Kashmir who can be kicked, abducted, abused, raped, killed, beheaded or expelled. This Constitution does not call NEPOTISM a crime. Father Nehru could pass on his chair to daughter MAIMUNA BAEGUM, married to a Muslim who quickly changed his surname to "Gandhi". This Constitution does not say a good word about Sanskrit or even HINDI that is still in doldrums of confusion and rivalry with Urdu, Arabic and English. This Constitution does not prevent the Government giving salaries to Imams while impoverishing the priests and granthis in temples and gurdwaras. This Constitution permits the enemy to operate their Radio and Television stations to convert the Bhartiya Sanskrit in Partitioned India by the thousand every year. This Constitution does NOT require, or even expect, a Muslim loafer seducing and marrying a Bhartiya Sanskrit maiden to embrace HER religion. But this Document of some "Bhartiya Sanskrit-Killer SHAITAAN" lets the Jehadi DEGRADE his Bhartiya Sanskrit bride by compelling her to kiss the foot of Mohammed of Mecca, renouncing her own Sri Krishna, Sri Ram and Guru Nanak Dev. Like a "brain dead moron" this Constitution will go on watching silently even if all the remaining Bhartiya Sanskrit in Bharat desert their temples and gurdwaras and embrace Christianity or Islam and perish. This Constitution INHIBITS the native Bhartiya Sanskrit doing what the foreigners like TERESA can do freely and easily across Bharat earning us the shameful title of "uncaring callous Bhartiya Sanskrit". This cursed Constitution does not contain the word "PARTITION" that was the worst ever DEFEAT of India before the indigenous (home grown) ENEMY. For it, Lahore and Dhaka were NEVER in Bharat. Or if they were, then it does not mention as to HOW and WHY they went missing from the map of India! This Document of "JACKALS" does not mention "Akhand Bharat" even once. According to it the "whole of India" and a "part of India" are the SAME. Under the inhibiting negative inspiration given by this Constitution to the Secular Slaves, the Bhartiya Sanskrit nation merely watched when the only Bhartiya Sanskrit Kingdom of NEPAL became a secular "goat" like Bhartiya Sanskrit sthan so that missionaries and mullahs could be given a free hand to convert the Nepalese, who were once proud Bhartiya Sanskrit. This Constitution has not encouraged the Bhartiya Sanskrit nation to demolish all the statues of bogus leaders and build those of genuine patriots and freedom fighters like Shivaji, Guru Gobind Singh, Rani of Jhansi, Maharana Pratap, Maharaja Ranjit Singh, Gen Hari Singh Nalwa (who captured Khyber Pass), Rabindra Nath Tagore, Netaji and even Field Marshal Manecksaw and Gen JS Aurora who inflicted a crushing defeat on the enemy in 1972. In that historic hour of crushing victory over Pakistan, Prime Minister Maimoona Begum did not ask the Army to recover North Kashmir in order to put an end to the Islamic mischief and treason. We came to know too late that she herself was a MUSLIM CONVERT with her heart in Islam. Above all, this Constitution of "blind CUCKOOS & subservient COOLIES" does not contain the word "ENEMY" though India is infested with the enemy WITHIN and ON TOP, and has placed them on EITHER side. If a secular fool does not even KNOW his ENEMY, how can he then prepare for him? That is why India was defeated and enslaved umpteen times while the (damn) fools were going out of their way to embrace the enemy, calling him "brother". This Constitution cannot tell the difference between democracy and ONE DYNASTY'S rule lasting over several generations! This Constitution has made even the upright and gallant armed forces obey the "Coterie of Corrupt Crooks" and Italian Mafia, dumping their loyalty to their country, claiming to "follow" Constitution to the letter in order to justify their own despicable cowardly INACTION. Under this Constitution the Indian Armed Forces are NO different from the German armed forces who followed the WRONG LEADER and perished, destroying the country in the end. This Constitution had to IDENTIFY the enemy and contain the warning, "BEWARE of those who captured West Punjab and East Bengal and still roam FREE across your Partitioned Indian Secular State with his eyes fixed on DELHI." Those who understand the circumstances, reasons and motivations behind every military coup d’etat, CIVIL WAR or DEFEAT, can foresee the end of Broken Bharat that has so far escaped her total doom. There is a saying, "Backray ki maan kab tak khair maange gi?" It translates as "How long can we put a "poodle under foreign female" in the top chair and hope all will be well. We could not prevent the death of Akhand Bharat. Let us now try to save Bharat.

The post-independence India was concerned with equity and growth and the environmental concern was added only as a third dimension. Thousands of people migrated to cities in search of job and basics living conditions. This resulted in massive increase in population in the cities.

BHARTIYA SANSKRIT to preserve the Nature with hygienic atmosphere and ecological balance.

The word environment is a broad spectrum and is indebted in  BHARTIYA SANSKRIT to preserve the Nature, which brings within its hue hygienic atmosphere and ecological balance. Saving this planet Earth is now of utmost concern to the entire humanity. The world is witnessing a global crisis of environmental degradation. The future of the earth is entirely linked with the sustainable development that may take place in the various countries. They have to adopt a visionary approach in consonance with the needs of the man and the earth. There is human threat to air, water and land. India had been under the colonial rule for about two centuries and even prior to that there were minor kingdoms which did not pay attention to any sort of environmental concerns. The Britishers have developed a system to ruin our Nation. There was total Appeasement given to the Muslims, by no other, but through their close allies like Mahatma Gandhi, Maulana Saukat Ali, and Liyakat Ali, when KHALIFA’s were dethroned   and Turky was brought under Democratic Elected Kamal Pasha. Gyassuddin Ghazi, who got BADSAH BAHADUR SHAH ZAFAR pulled through Dog Belt inside the KOTWALI and send him to Rangoon to please their political Master , became the sour in the eyes of MUSLIMS itself,  had changed his name and became Ganga Dhar Nehru  and Started living near Red Light Area at 77 Meerganj locality at Allahabad as the prostitutes brought up from Iran may be supplied in ISHRAT VILLAH where viceroy used to visit for allurement and  to pacify his carnal desire. Moti Lal , who had three wives had followed the custom. This ISHRAT VILLAH now known as ANAND BHAWAN was belonging to MUBARAK ALI , Barrister practicing at Allahabad High Court. Thus Gandhi being Bisexual from the time of his migration from South Africa became the crystallizer to pacify the uprising of BHARTIYA SANSKRIT, either by eliminating his identity for ever, or by subsiding his effects in Bhartiya Sanskrit had eliminated sarva  Sri Madan Mohan Malviya, Bal Ganga Dhar Tilak  Lala Laj Pat Rai, Bipin Chandra Pal , Dhingara, Chandra Shekhar Azad,  Bhagat Singh, Shradyanand Swami, and many others Including the uprising of GREAT NETA JI SUBHASH CHANDRA BOSE. Nehru Also eliminated hios every Political Rival. Indira Gandhi after marrying to Firoj Khan S/o Nawab Khan of Junagarh became Hardened Muslim. She again married after becoming Maimmuna begum with Mohammad Yunus and Sanjay Gandhi was born from different father. Thus taking advantage of receptivity of BHARTIYA SANSKRIT, the Existing Laws meant for extinction of Bhartiya Sanskrit were gradually adopted by these invaders with false perceptions and concealed identity. All Hindus monuments and temple/ were declared as Muslims creativity to cherish them on the ashes of Bhartiya Sanskrit. INDIAN INDEPENDENCE ACT, 1947 Having two dominion on PAKISTAN another INDIA, a degraded word was planted under the auspicious dominations of British Queen, who is still the Queen of All Common Wealth Nation. Pakistan, who was dreaded enemy became our brother and the PROXY war to eliminate BHARTIYA SANSKRIT, meant to preserve the country Enviornment, Culture, Biodiversity, Sustainable Development and indigenous nutrients therapy was soon taken over by foreign multi nationalists Company. East India Company has been inducted in the different manner and our Animal Kingdom is now at the verge of extinction.   After the independence the primary concern of the administrators was to eradicate poverty. Millions of people were below the poverty line and the literacy rate was also very poor. The population growth was at alarmingly high rate. All these factors contributed to serious environmental degradation and the persons who were mostly affected by this environmental degradation were the poor and the disadvantage sections of the society. They were the first victims of the poor sanitation, bad air, contaminated water, scarce food, fuel and fodder. For millions of Indians their only wealth and common property resources were threatened by environmental degradation. We all know that the current state of Bharat is not inspiring but, on the contrary, quite depressing. One can rightly point the finger at the very source of confusion and the prevailing chaos in the line, "Anarchy is embedded in our Constitution (sic) and no one is talking of this!" The sentence is profound. If we are serious then this is a vital statement and the most important revelation. Constitution is like the rudder that gives DIRECTION to the ship. If it is defective or missing then the ship flounders on high seas and sinks. The crew and passengers are doomed. A detailed look at Constitution is, therefore, urgently called for. But at present this Constitution by Nehru and his intimidated "Assembly of Stooges" is meant for the benefit of Muslims, to confer official recognition on their illegal and illegitimate Pakistan, to suppress the Bhartiya Sanskrit by taking "pride" out of their brains and by fixing quotas in jobs and education for certain communities while putting the majority at disadvantage. The Constitution 'goes along' with the HIGH TREASON of Nehru in accepting unconditional surrender of vast territories of our Motherland without Transfer of Population or any condition. Obviously Nehru, the Traitor, did not "relate" to his country and people though he became Prime Minister with dictatorial rights and powers. This Constitution is BLIND. It cannot tell the difference between an Italian and an Indian at the highest levels in government.

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