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Proposition For Pil Drafting

Indica, a South Asian country with a quasi-federal governance system, faces a severe air pollution crisis, particularly in Dhanavari and the National Capital Region, threatening public health and violating citizens' Right to Life. Despite existing environmental protections in its Constitution and efforts like the National Clean Air Programme, enforcement issues and systemic gaps hinder progress. A Public Interest Litigation (PIL) is proposed to address this crisis by establishing jurisdiction, presenting evidence, demonstrating rights violations, and seeking judicial intervention for stricter pollution control measures.

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30 views2 pages

Proposition For Pil Drafting

Indica, a South Asian country with a quasi-federal governance system, faces a severe air pollution crisis, particularly in Dhanavari and the National Capital Region, threatening public health and violating citizens' Right to Life. Despite existing environmental protections in its Constitution and efforts like the National Clean Air Programme, enforcement issues and systemic gaps hinder progress. A Public Interest Litigation (PIL) is proposed to address this crisis by establishing jurisdiction, presenting evidence, demonstrating rights violations, and seeking judicial intervention for stricter pollution control measures.

Uploaded by

aadityanand63
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd

1.

Indica, a vibrant and diverse South Asian country, comprises 29 states and is home to a
rich variety of rivers, landscapes, and ecosystems. With a written Constitution, Indica
operates under a quasi-federal system of governance, while acknowledging the autonomy of
states, leans towards centralizing authority. This system ensures a strong central government
while distributing powers and responsibilities to the states.

2. The Constitution of Indica explicitly mandates the States to safeguard and improve the
environment. This directive obliges every state to take proactive measures in the protection of
forests, wildlife, and the broader natural environment. In this constitutional framework, the
protection and management of natural resources are seen as a shared responsibility, reflecting
the country's broader commitment to sustainability.

Background:

3. The alarming levels of air pollution in Dhanavari and the National Capital Region (NCR)
have reached a critical point, posing an existential threat to the health and well-being of
millions of residents. Each winter, the Air Quality Index (AQI) in the region deteriorates to
hazardous levels due to a combination of seasonal factors such as stubble burning, vehicular
emissions, industrial discharge, and construction activities.

4. These pollutants contribute significantly to the concentration of Particulate Matter (PM2.5


and PM10) and other harmful gases such as Nitrogen Oxides (NOx) and Sulfur Dioxide
(SO2). Despite efforts from various governmental and non-governmental bodies, including
the implementation of the National Clean Air Programme (NCAP) and the Graded Response
Action Plan (GRAP), the results have been underwhelming.

5. The persistent lack of enforcement, inadequate utilization of allocated resources, and


ineffective public awareness campaigns have exacerbated the issue. Moreover, systemic gaps
such as poor waste management, lack of clean energy infrastructure, and insufficient public
transport options further hinder progress.

6. The adverse effects of air pollution are far-reaching. It violates the Right to Life
guaranteed under Article 21 of the Indian Constitution, as citizens are deprived of their right
to a healthy and sustainable environment.
[Link] groups, including children, the elderly, and those with pre-existing health
conditions, bear the brunt of this crisis. Studies have highlighted the direct correlation
between poor air quality and an increase in respiratory diseases, cardiovascular ailments, and
premature deaths. Economically, air pollution imposes a significant burden on healthcare
systems, reduces productivity, and disrupts education due to school closures during severe
pollution episodes.

Proposition for the PIL:

The participants are required to draft a Public Interest Litigation (PIL) to address the chronic
air pollution crisis in Dhanavari. The PIL should focus on the following:

1.​ Jurisdiction:
○​ Establish the jurisdiction of the Supreme Court or High Court to address the
violation of fundamental rights due to the severe air pollution in the region.
2.​ Statement of Facts:
○​ Present evidence-based data on air pollution levels, including AQI trends,
sources of pollution, and their impact on public health and the environment.
3.​ Grounds for the Petition:
○​ Demonstrate how the air pollution crisis infringes upon citizens' fundamental
rights, specifically the Right to Life under Article 21.
4.​ Reliefs Sought:
○​ Formulate clear and actionable prayers that call for judicial intervention to:
○​ Ensure stricter enforcement of pollution control measures.
5.​ Pleading:
○​ List the specific prayers in a concise and clear manner.

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