Sensationalization of Judiciary : Ill-effects of streaming court proceedings online

Post COVID-19 pandemic, Indian Judiciary had begun online streaming of courtroom proceedings. The Supreme Court of India was the first one to allow online streaming of constitutional matters in bid to improve transparency of the courtroom, later many High Courts adopted the same model. The motive of Indian Judiciary was dual, first, they wanted to improve the transparency in proceedings and second, they wanted to impart legal awareness among the masses.  One can say that they have succeeded in doing so, as of now, the official YouTube channel of the Supreme Court of India has around 1.68Lakh subscribers and more than 52Lakh views and similarly official YouTube channels of different High Courts also have subscriber and views count in lakhs. It is often said that the internet is a dual edged sword, it has the potential to make or destroy one’s reputation in matter of hours, and even the Judiciary is unable to protect itself.

The Supreme Court of India

Recently, the Chief Justice of India DY Chandrachud was trolled on the internet by circulating a doctored video. The video was captioned as, CJI left the courtroom hearing in between when Solicitor General Tushar Mehta was arguing on electoral bond, whereas in reality he was adjusting his chair. Similarly, multiple videos of Justice Rohit Arya and Justice Vivek Agarwal from High Court of Madhya Pradesh are circulating online in which their conduct is strict, these videos manifest an idea that justice can be only achieved if judges are strict, whereas in reality every case has its own nuances and judges’ approach is based upon it. In these videos, judges are observed questioning the bar intensely, but usually the motive behind asking such questions is to understand certain facts in more detail. When such video clips are posted online without contextual background of the case, the viewers get a distorted idea of courtroom proceedings.

Example of Over-Dramatic Caption on YouTube Video of Judicial Proceeding in Madhya Pradesh High Court

The courtroom proceedings are usually long which might range to multiple days, but many unauthorised channels take cut out sections from the video of these proceedings and give them an overdramatic caption to garner views on video streaming platforms and social media platforms which hampers the public image of judicial proceedings.

Problems associated with tailored videos present on video streaming platforms: -

1. Eroding Public trust : In various cases, the state is a party, and sometimes procedural lapses do happen by a public servant in-charge, as a result they are thoroughly disciplined by the bench and sometimes even punished according to provisions of the law. It is worth noting that when these tailored videos are circulated on streaming platforms, the viewer gets a generalized idea that a public servant is always negligent and irresponsible, whereas in reality it is not always true.
2. Political/Ideological leaning is determined : India is in the midst of a digital revolution, as a result, first time internet users are open to a plethora of content. Once a person consumes a certain type of data, then the rest is taken care of by algorithm. In recent years, the Indian Judiciary has decided on many politically sensitive topics, such as, Sabarimala case, Aligarh Muslim University case and so on. It's interesting to note that proceedings of these cases were streamed online on various platforms, and comment sections of these videos were not only polarized but also the political leaning of the bar and the bench were debated upon. While this might seem to be trivial in the short term, it would certainly has ramification on judicial independence as every statement made by a judicial officer would be interpreted through a political lens.
3. Video clips used as monetary source : Streaming of judicial proceedings are originally posted on verified channels, but since these videos are in public domain, they can be downloaded and re-uploaded on various social media sites with infuriating captions added by the uploader, which helps the video to gain traction and ultimately get monetized. Its important to note that, these online streaming videos of judicial proceedings are official records of court proceedings, they can’t be tailored and used by a private citizen to earn money. It is evident that there is no regulating body to look after this issue, so intent of streaming these videos i.e. to increase transparency and legal awareness is lost when these videos are tailored and uploaded to garner views and enable monetisation of private social media accounts.

If so, is the streaming of judicial proceedings a bad idea?

Clearly the answer is NO. The issue is, since there are no adequate mechanisms to regulate these tailored videos, few delinquent individuals are using them to create a sensational video which can garner views and likes which are ultimately used to earn money.

What are the possible remedies to deal with these issues?

• Allowing only verified accounts to post videos of judicial proceedings. Currently official channels of the Supreme Court of India and various High Court are live streaming the proceedings, these channels are managed under directions of the e-committee of Supreme Court, they can rope in the digital media industry experts who can help the courts to use copy right tools of video streaming platforms effectively.
• Instructing the video streaming platform and social media platforms to demonetise all the videos released by judiciary, this might limit the reach of these videos but sensationalization of judicial proceedings can be prevented, thus disincentivizing those who want to earn quick money by posting overdramatic captioned videos of judicial proceedings. 
• Taking action under provision 9 of Model rules for live streaming and recording of court proceedings issued by Supreme Court of India in 2022. Though there are many channels who violate these guidelines, a symbolic action can be taken against few by court, thus creating a deterrent effect.

Conclusion

To summarise, the initial motive of the judiciary behind live streaming was to increase public knowledge and foster transparency, but the data from Socialblade.com (a public database which provides analytics of YouTube channels) clearly indicates that videos of judicial proceedings are used by many unauthorised accounts to earn money. The issue of unauthorised monetisation of official records of court proceedings can be easily dealt with by force of law, but the tarnishing of the public image of the judiciary and law enforcement agency can’t be reversed. These unauthorised accounts posting sensational videos to earn quick money should be stopped as soon as possible to preserve the integrity of the judiciary.

Seeing Through Greenwashing: The Reality Behind Environmental Marketing

 

Marketing strategies have undergone significant evolution, from traditional pamphlets to social media dominance, marketing has come a long way. Despite this evolution, underlying theme has remained unchanged, i.e. to stay relevant in market, and today’s effective way to remain relevant in the market is by claiming that ‘we are environmentally friendly’. This is a clever strategy employed by many companies. Moreover, sometimes companies spend more on advertising their environmental efforts than on actually minimizing their environmental impact. This practice is known as Greenwashing.

 

According to Britannica, Greenwashing is a form of deceptive marketing in which a company, product, or business practice is falsely or excessively promoted as being environmentally friendly. 

 

Are Greenwashing and Green Marketing the same?

According to Investopedia, Green marketing refers to the practice of developing and advertising products based on their real or perceived environmental sustainability. 

Examples of green marketing include advertising the reduced emissions associated with a product’s manufacturing process, or the use of post-consumer recycled materials for a product's packaging.

Whereas Greenwashing is a marketing tactic that deceives customers into believing a product is environmentally friendly when, in reality, it is a technique to popularize a product.

Here are some notable examples of greenwashing:

1.     Ryanair Greenwashing Case –

Ryanair is a United Kingdom based low-cost airlines, in 2019 they had advertised themselves as ‘Lowest Emission Airlines’. The UK’s Advertising Standard Agency took down their commercial on grounds of misleading advertisement. ¹

 2.     Coco-Cola and Nestle facing lawsuits for greenwashing

Coco-Cola and Nestle, both had claimed that their plastic bottles are ‘100% Recycled’, consumer bodies and Environmental groups have raised a complaint at the European Commission to further investigate such misleading claims made by FMCG giants. ²

 3.     Volkswagen “Diselgate scandal”

Earlier to counter the hybrid and electric car rise, Volkswagen had advertised their vehicles as ‘Clean diesel’ vehicles.

In 2015 Volkswagen was exposed for installing ‘defect devices’ in their vehicles, whenever the vehicles were tested for emission, the installed ‘Defect devices’ software used to sense it and accordingly tweak the vehicles performance to reduce emissions. Volkswagen had also apologized and recalled their many products. ³

Are there any counter measures available against Greenwashing?

The answer is yes. There are two possible solution which are currently used.

The first solution involves having an eco-label on the products. These are placed on products which indicate that certain environmental standards were followed while making that product. These labels help the consumer to make an informed choice which purchasing anything. These are genuine green marketing tools which can be deployed by companies.

The second solution involves implementing strict legislation with penal provision to deter corporates from making deceptive advertisement claim. Few countries are having direct or indirect statutory provisions to safeguard consumers against greenwashing.

Example:

·       Europeans Union’s Greenwashing Directives released in 2024 which majorly targets Unfair Commercial Practices deployed by companies.

·       In India Department of Consumer Affairs and Central Consumer Protection Authority are preparing Guidelines for “Prevention of Greenwashing by the companies with a view to protect consumer interest”. Until now consumers were indirectly availing remedies under Consumer Protection Act, 2019 to safeguard their rights.

·       Even France do not have any direct provision to deal with greenwashing, the use provisions under the Consumer Code to safeguards citizens against false and misleading advertisement.

·       With an update to its "Green Guides," the US Federal Trade Commission (FTC) is taking aim at large firms' misleading environmental marketing strategies. The purpose of this modification is to provide the Federal Trade Commission (FTC) more legal leverage when bringing legal action against businesses that mislead consumers about environmental responsibility and sustainability.

 Conclusion: Greenwashing remains a pervasive issue in modern marketing, undermining consumer trust and environmental stewardship. By raising awareness, implementing stricter regulations, and promoting genuine eco-friendly practices, we can collectively combat greenwashing and promote ethical marketing standards that prioritize both consumer well-being and environmental sustainability.

References:

1.    https://news.sky.com/story/ryanair-adverts-banned-for-making-misleading-co2-emissions-claims-            11926471

2.    https://www.bbc.com/news/business-67343893

3.    https://www.bbc.com/news/business-34324772

The Looming Threat of Antimicrobial Resistance: A Call to Action

We very often read articles or hear news about “Doomsday Theory”. We usually pretend that doomsday would be happening due to World War, Pandemic or any other crisis which would be like a last straw event, but we usually tend to ignore small events or act by counting them as trivial things or procrastinating it as farfetched scientific theory which would never happen and even if it happens, it would be dealt by government or intergovernmental bodies. One such theory that demands our attention is Antimicrobial Resistance (AMR). So, what exactly is AMR?

About Antimicrobial Resistance

According to World Health Organization, Antimicrobials – including antibiotics, antivirals, antifungals, and antiparasitics – are medicines used to prevent and treat infectious diseases in humans, animals and plants. Antimicrobial Resistance (AMR) occurs when bacteria, viruses, fungi and parasites no longer respond to antimicrobial medicines. As a result of drug resistance, antibiotics and other antimicrobial medicines become ineffective and infections become difficult or impossible to treat, increasing the risk of disease spread, severe illness, disability and death.

AMR is part of the evolutionary process, whenever we take medication for any issue, we are effectively providing reinforcement to our body cells to fight the bacteria, virus or pathogen. When we provide the same reinforcement frequently or even when it’s not required we end up accelerating the evolutionary process of the bacteria, virus or pathogen, due to which they become resistant to the those medication.

Knowing the facts, should we not take medication for fever or any other medical issue?

The clear answer is NO. Firstly, we should not self-medicate or overuse the dosage prescription given by medical professional. 

Due to adoption of hygiene hypothesis and also the COVID pandemic, we have tend to become over cautious, even for common fever including pain, constipation etc. we are self-medicating and rushing to over-the-counter medicines without addressing the under lying issues. For example, antibiotics are ineffective for viral illness but still we take antibiotics like azithromycin even when it won’t help.

Secondly, AMR is also accelerated when we don’t complete the prescribed dosage. Most of the medical professionals prescribes Fixed Drug Combinations (FDC) when they administer the drug dosage. These FDCs are meant for treatment of either single ailment or multiple comorbid conditions. Doctors always recommends to complete the dosage but we being ignorant don’t follow these guidelines, effect of which is that the remaining bacteria, viruses, or pathogens may not get fully eradicated. Incomplete treatment courses creates a survival advantage for the microbes, allowing them to adapt and develop resistance to the prescribed medications. 

Are only patients and common man responsible for AMR?

The clear answer is NO. The Government too is responsible. The waste water many times is released directly into water bodies, it’s the duty of government to put rules, regulation and infrastructure in place so that the waste water is properly treated.

According to a report titled Bracing for Superbugs by United Nations Environment Programme, it states that, ‘Antimicrobial agents are widely used in human medicine, aquaculture, livestock and crop production, and are also put into the feed and water of food animals. They are excreted in significant quantities into the environment as active molecules, or partially degraded, from various sources. The concentration of antimicrobials excreted unmetabolized in the faeces and urine of humans and animals is highly variable and is dependent upon the antimicrobial drug class, formulation, the route of administration, animal species and health status. Where provision of wastewater treatment is not adequate, close contact with polluted waters can result in a consumption-excretion cycle (WEF 2021). The consumption-excretion cycle occurs when containment, controls or barriers for these pollutants are lacking, such as pit latrines without confining barriers, or when inadequately treated or untreated wastewater is used to irrigate farmland, or animal manure or human waste is used to fertilize crops. This results in functional antimicrobials entering the environment unless waste management measures to address AMR development and spread are applied. Such releases transmit antimicrobial resistant microorganisms and ARGs, which can conditionally promote AMR, into the environment.’ So it’s the duty of government to have Sewage treatment Plant with proper capacity.

Secondly, having rules and regulation for over-the-counter medication also falls under responsibility of Government.

Thirdly, Climate change is also one of the driving factor behind AMR, according to National Institute of Health, Candida Auris is the first drug resistant fungal infection which is considered as consequence of Climate Change. Though talking climate change is not just government’s responsibility but lack of policy framework is.

Is there ray of hope?

Solutions exist at both national and international levels:

Solutions at national level:

1. Awareness programmes- Citizens should be made aware of this crisis which we would be facing.
2.  Policy formulation and data collection by government to understand the magnitude of the issue.
3. Scientific studies funded by government and private bodies.
4. One health approach, rather than compartmental approach or silo approach various department and ministries such Agriculture, Health, Fisheries, Scientific institution etc. should come together to address issues like AMR.

Solutions at international level:

1. Institutions like WHO are currently working on this, they published a report Global antimicrobial resistance and use surveillance system (‎GLASS)‎, they have studied more than 127 countries and created a database to study this crisis.
2. International awareness: Medical journal like lancet have series of report on AMR and allied issues, these are helping not just citizens but medical professionals also, by providing them latest information and case studies.
3. Funding the Low Income Countries, climate change is something which knows no boundary. Events like Conference of Parties under UNFCCC serves as a platform to not just discussion but to also mobilize fund for the cause.

In conclusion, raising awareness and implementing proactive measures at both national and international levels are imperative to combat the looming threat of Antimicrobial Resistance. It's a shared responsibility that demands collective action for a healthier and sustainable future.

Beyond Boundaries: Torts and Environmental Rights in India's Legal Landscape

A tort is an act or omission that constitutes a civil wrong for which a court can hold someone accountable that results in injury to another person. The word "injury" denotes any harm whatever illegally caused to any person, in body, mind, reputation or property.

The main objective of torts is to hold accountable to those persons who are liable for causing harm or injury and make them compensate for their act. The compensation can be anything like monetary compensation, injunction or restitute.

Torts are usually meant to protect private rights of individuals and provide relief to injury caused by violation of these private rights. The very next question which arises is, what is a private right? The private rights are the rights which are not conferred by the government i.e. these are the rights which we naturally inherent as a human, the objective of torts is to compensate the victim rather than punishing the wrongdoer, unlike the statutory laws which are meant not just to compensate the victim but also punish the wrong doer and set an precedent to discourage others from committing the same offense. Torts are usually uncodified principles evolved out of judicial precedents, these precedents are applied as per the case facts and applicability of the tort.

Applicability of Torts in Environmental issues

As mentioned earlier, torts aim to offer redress for the infringement of private rights. However, when discussing environmental issues, even if a court case revolves around the violation of individual rights, the scale of the problem is significant enough that it impacts everyone in the vicinity or even the population at large, so it is not just infringement of private rights but also violation of public rights.

Though torts deal violation of private rights, Environmental issues can be taken up under torts like Nuisance, Negligence, Trespass, Strict Liability, Constitutional Tort etc.

1. Nuisance can be divided into two parts, Private Nuisance:  A private nuisance is an activity or condition that interferes with the use and enjoyment of privately owned lands, without an actual invasion of the property. Public Nuisance: Public nuisance is causing harm to the morals, safety, or health of the community, is deemed an offense against the state. Examples of such activities include blocking a public road, contaminating air and water, running a house of prostitution, and storing explosives, all of which are considered public nuisances.

   When we talk about nuisance in environmental context we are usually talking about Public nuisance.

2. Negligence: Negligence may be defined as breach of duty caused by the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs would, do or doing something which a Prudent reasonable man would not do, actionable negligence consists in the neglect of the use of ordinary care or observing ordinary care and skill toward a person to whom the defendant owes a duty of observing ordinary care and skill.

   In the context of environmental issues, a company may be held negligent if its activities result in environmental damage or harm to individuals. This may include cases of soil contamination, water pollution, or other environmental harm.

3. Trespass: In torts, trespass to land means interference with another person's right to peaceful enjoyment of their property. A tort is a civil wrong that causes harm or loss to an individual, and trespass to land specifically addresses actions that involve unauthorized entry onto another person's land or property

4. Strict Liability: Strict liability is the principle according to which the individual is held liable for his action irrespective of his intent. In other words, under strict liability principle the plaintiff doesn’t need to prove whether the defendant had a wrong intent or his act was caused due to negligence, the defendant should compensate duly for his act.

5. Constitutional torts: The core of constitutional tort lawsuits is the infringement of rights, which are typically derived from the Bill of Rights or other constitutional clauses that shield people from excessive or improper use of government power. The idea is especially important in legal systems where people can file lawsuits against the government for violating their constitutional rights.

Environmental Cases in India which used principle of torts to deliver justice

In India time and again Courts had used torts principles to deliver justice which not just provided compensation to the victim but also protected environment and enforced certain principle like ‘Polluter must pay’ or ‘Right to clean environment’. The right to clean environment falls under Article 21 of Indian Constitution

Examples of environmental case laws in India which used torts principle-

1.  Endosulfan Case : Kerala Government until 2011 used to spray Endosulfan pesticide in cashew, cotton, tea, paddy, fruits plantation to protect it from pest, but the ill effect of this pesticide spray was the population that lived here suffered various serious medical issues. When the matter reached to Supreme Court of India, the court held that State of Kerala was liable for the plight of the affected people and ordered the government to pay monetary compensation to the affected population. Here court applied the various principles of torts like Negligence, Strict liability and constitutional torts.

2. M.C. Mehta v. Union of India: M.C. Mehta v. Union of India refers to series of environmental cases brought to Supreme Court by Public interest litigation. In these series of cases the doctrine of absolute liability and polluter must pay evolved in Indian context. In one of the judgment the then Chief Justice P.N. Bhagwati said that, “The measure of compensation in such cases must be correlated to the magnitude and capacity of the enterprise because such compensation must have deterrent effect.”

   Also in these series of cases court not just awarded compensation to the victims of the cases but also extend the purview of Article 21 of Indian constitution by incorporating Right to clean environment under Article 21. So in the future cases the plaintiff can not only demand for compensation but also demand justice under constitutional torts. 

3. Vellore citizens’ welfare forum v. Union of India: The case facts were, in State of Tamil Nadu many tanneries and industries were operating which were releasing untreated water in water bodies, due to which the drinking water of the city was getting polluted and the agricultural land was also getting degraded due to underground water pollution leaving the land unfit for agricultural purposes. Industries were contending that the safe limits standard given for untreated water disposal by the State Pollution Control Board were unjustifiable.

   Here the Supreme Court gave decision in favour of plaintiff and also applied the principle of strict or absolute liability but court also directed the state pollution control borad and state government to have “Precautionary Principles” in place to not let such incident happen again. The Precautionary principle can be align with a tort principle i.e. Breach of Duty of Care which is a fundamental unit of Negligence. 

4. Ram Bhaj Singh v. Babulal: In this case plaintiff was a practicing doctor and in front of his clinic defendant had built a Stone crushing machine unit due to which the plaintiff suffered noise pollution, air pollution and physical inconvenience. The Court categorized this as a disturbance caused by noise, deemed manageable within the scope of tort law. In various other instances, courts have adopted analogous reasoning when addressing issues concerning dust, fumes, and similar factors.

Conclusion

Finally, the relationship between environmental justice and tort law in India provides a way forward for compensation, responsibility, and the preservation of our natural heritage. These judicial precedents highlight the changing role of the law in shaping a sustainable future in addition to offering compensation for harm. Towards a peaceful cohabitation with our planet, the principles of torts serve as a lighthouse for us to follow as we negotiate the complex web of environmental concerns. 

Silent Heroes: Whistleblowers Across Borders and Legal Shields Unveiled

Whistle blower is a person who works in an organization and has insider knowledge about a certain practice(s) of organization which are morally wrong, unethical, illegal, or harmful. He/she brings out this information in the public eye to stop this practice(s). This courageous step taken by whistleblower is often rooted in their moral values. Certain countries in world offer legal protection to whistleblowers by keeping their identity anonymous by enacting a statute, whereas in many countries whistleblowers take legal route, help from media or use social media to expose the organization.

There is no globally accepted definition for Whistleblower. According to The Economics Times, A whistleblower is a person, who could be an employee of a company, or a government agency, disclosing information to the public or some higher authority about any wrongdoing, which could be in the form of fraud, corruption, etc.

Some famous whistle blowing incidents 

International Incidents

1. Edward Snowden

He was former National Security Agency Contractor for United States of America. In 2013 he            exposed global surveillance program conducted by USA and its allies. The incident spiraled and Edward Snowden had to take asylum in Russia. His trail is pending in US courts.

2. Julian Assagne

Julian Assagne case famously known as WikiLeaks case, he was the founder of website WikiLeaks where they used to publish secret documents which covered a wide range of subjects, including government surveillance, military operations, diplomatic communications, and corporate practices. WikiLeaks had published many documents related to American war operations, for which he was to be arrested by American agencies, he took political asylum in Ecuadorian Embassy for 7 years in London before getting arrested in 2019.

3. Frances Haugen

She is an American Data Engineer and Scientist who used to work with Facebook, she gave various internal reports of Facebook to The Wall Street Journal in 2021 which highlighted Facebook’s policy of Profits over Safety.

4. Karen Silkwood

In 1972, Karen Silkwood began working as a chemical technician at the Kerr-McGee nuclear plant near Crescent, Oklahoma. Silkwood joined the local Oil, Chemical & Atomic Workers Union, and investigated health and safety issues at the plant as a union activist. Silkwood discovered numerous safety issues including exposure of workers to contamination, faulty respiratory equipment, and more; she testified to the United States Atomic Energy Commission in summer 1974 about her concerns. 

Indian Incidents

1. Vijay Pandhare

He was the Chief Engineer in Maharashtra Water Resources Department, in 2012 he wrote a letter to Chief Minister of state highlighting financial irregularities in the irrigation project of the state. The charges made by him resulted in resignation of Deputy Chief Minister of the state.

2. Gaurav Taneja

He is a famous YouTuber and commercial flight pilot, in 2020 he had highlighted unsafe flight landing practices adopted by AirAsia Carrier to reduce fuel cost while risking lives of passengers. He was fired from AirAsia and was sued by the Carrier.

3. Infosys Whistleblower case

A whistle blower had reported to US Securities and Exchange Commission (SEC) that senior panel of the organization was fudging financial numbers to gain short term profits from stock exchanges. The organization got clean chit from US SEC but this incident forced Indian Government to work on corporate Whistle Blowers rules .

4. Chanda Kochhar case

Arvind Gupta, a shareholder activist, exposed the alleged loan fraud and quid pro quo between the ICICI bank’s then CEO Chanda Kochhar and her family and the Videocon group. Kochhar stepped down following the allegations and CBI has now opened a probe into the matter.

What Protection does Whistle Blowers have?

International Scenario

1. South Korea’s Whistleblower Protection and Reward System

South Korea has enacted various statutes to not just protect Whistleblowers but also reward such individuals. Acts such as Tax Evasion Informant Reward Program, Foreign Financial Account Report Reward Program, Act on the Protection of Public Interest Whistleblowers etc. Due to these steps the individuals feels confidents when they report such incidents which ultimately helps curb corruption.

2. European Union’s Whistleblower Directive

These guidelines were passed by EU in 2019, which directed its 27 member nations to follow/incorporate these directives while dealing with whistleblowing incidents and grant them legal protection even if the charges by whistleblowers were proved wrong.

3. Canadian Whistleblower Laws

The Canadian Revenue Agency (CRA) launched whistleblower reward law under the Offshore Tax Informant Program (OTIP) to track down tax cheats. Two years later, the province of Ontario, Canada took a step further and passed the Ontario Securities Commission (OSC) whistleblower program to protect investors from unfair and fraudulent practices. To date, both of Canada’s whistleblower programs have been incredibly successful with whistleblowers receiving over CAD $1 million in rewards for their disclosures under the OTIP by 2019 and OSC whistleblowers receiving more than CAD $8.6 million since its establishment.

4. United Nations Whistleblower policy

The UN's Ethics Office is responsible for promoting and maintaining high standards of ethical conduct within the organization. It provides guidance on ethical issues, including those related to whistleblowing.

Indian Scenario

1. Law Commission in 2001 had recommended to make a Whistleblower policy to protect whistle blower and curb corruption in country. Later in 2004 when a whistleblower of NHAI corruption case was murdered, Supreme Court directed Union Government to come up with law to protect whistleblower. The government, in response, notified a resolution in 2004 named, ‘Public Interest Disclosure and Protection of Informers Resolution (PIDPIR)’. This resolution gave the Central Vigilance Commission (CVC) the power to act on complaints from whistleblowers.

2. In 2014 Government came up with Whistleblower Protection Act, but there was severe lacuna in it i.e. this statute was available only to/against public servants, corporate India was completely out of its ambit.

3. According to Companies Act 2013, section 177, every listed company must have a Vigil Mechanism to address legitimate concern. Moreover, this Act specifies that, mechanism must include sufficient safeguards to prevent victimization of individuals utilizing the reporting system. Additionally, there is a stipulation to disclose details of the mechanism on the company's website. It is to be noted that this Vigil Mechanism clause is applicable to only Listed Companies and not to privately held companies, thus a significant amount of Industry is outside the ambit of any Whistleblower protection mechanism.

4. 2015 SEBI Regulations (Prohibition of Insider Trading): Regulation 9 mandates listed businesses to develop a code of conduct to combat insider trading, as well as a policy on the code of practices and processes for fair disclosure of unpublished price-sensitive information. The policy often includes provisions for reporting concerns about unethical behavior.

 

UCC: Search for unity in a Diverse India

 The Uniform Civil Code (UCC) is a proposal in India that is aimed at replacing personal, traditional, customary and religious laws and practices with a common statute applicable to all irrespective of their religion, caste, gender etc.

Civil laws are broadly categorized in two types: Financial laws and Family laws. While discussing about UCC, we focus mainly on Family laws.

EVOLUTION OF PERSONAL LAWS

Ancient India was mostly governed by Brahamanical order of society and laws books like Yajnavalkyasmriti, Manusmriti and Naradsmriti, among these, they governed the social order, religious duty, traditions etc. which were socially accepted morals and legal norms in ancient India.

Given the Hindu majority in medieval India, Muslim rulers adopted a middle ground approach. Hindus' civil matters followed their personal laws, while Muslims were guided by canonical texts like the Quran, Hadith, Sunnah, and Fatwa-e-Alamgir. All state subjects were subjected to uniform criminal laws based on retributive justice.

Law reforms were started in India while it was ruled by the English. Civil law were untouched, whereas criminal law changed from retributive to rehabilitative. The Gentoo Code of Warren Hastings, compiled Hindu legal texts and were used to settle Hindu civil disputes, while Kazis overlooked the Muslim personal law.

Social reformers of the time, with British tried reforming Hindu society, Acts like the Sati Abolition Act 1829, Caste Disabilities Act 1850, Hindu Widow Remarriage Act 1856, Child Marriage Restraint Act 1929, Hindu Women's Rights to Property Act 1937 were enacted to reform Hindu society.

Similarly, Muslim personal laws were codified under Muslim Personal Law Act 1937 and Muslim Marriage Act 1939. Christian personal laws saw the enactment of Christian Marriage Act 1872, Indian Divorce Act 1869, and Indian Succession Act 1925. Parsi personal laws were codified under Parsi Marriage and Divorce Act 1936.

Post-independence, Hindu Code Bill was passed, comprising of: Hindu Succession Act 1956, Hindu Marriage Act 1955, Hindu Guardianship Act 1956, and Hindu Maintenance Act 1955. These codified laws covered approximately 87% of India’s population, leaving out Muslim, Christian, and Parsi communities. The framers of the Constitution considered the time unfit for reforming personal laws due to the recent partition, thus making UCC a Directive Principles of State Policy to be addressed by future governments.

Every religion in India has its own set of rules that are socially acceptable despite being discriminatory towards women, children, and adoptive family members.

Example:

1. Christian and Parsi laws do not recognize children born out of wedlock, granting succession rights only to legitimate children.¹
2. In Muslim community after the abolishment of Triple Talaq, system of ‘Khula’ is adopted, which is initiated by women unlike triple talaq. However this system is forced upon women by men, and wives are obligated to return Meher to their husbands, financial obligations of husband vary on case-by-case basis, which is regressive towards women.
3. In Assam, recent crackdowns on child marriages charged husbands under the POSCO Act, despite Muslim personal law permitting marriage after puberty. The Special Marriage Act 1954 prescribes girls' minimum marriage age at 18, conflicting with Muslim personal laws, resulting in numerous Assamese marriages being declared void.
4. Hindu Undivided Family (HUF), is a legal entity allowing Hindu families to claim tax benefits. However, any such equivalent benefits are not available to other religions which is violation of Article 14 of Indian Constitution.
5. Furthermore, an illegitimate child is not considered a part of the Hindu Joint Family, which also infringes upon their right to ancestral property.

While judiciary has tried addressing these issues, it often lacks the comprehensive input from all stakeholders to reform all personal laws.

Reforms by the Judiciary:

1. In Moro Vishwanath vs. Ganesh Vithal, Supreme Court interpreted the difference between Hindu Joint Family and a Coparcenary under Mitakshara and Dayabhaga school of law.³
2. In Sujata Sharma vs. Shri Manu Gupta, Delhi High Court ruled that in a HUF a female can become a ‘Karta’.⁴
3. In 2017 a petition was filed in Supreme Court by Naomi Sam Irani challenging the jury system in Parsi matrimonial disputes. The jury's decision is final, and no appeals are permitted; this is unfair to Parsis compared to people of other religions, and it also violates article 14 and 21 of the Indian Constitution. (The matter is still subjudice).
4. In Shayara Bano vs. Union of India, Supreme court declared Triple Talaq in Muslim community as unconstitutional and abolished it.⁵
5. In Molly Joseph vs. George Sebastian, Supreme Court held that Canon laws in Christianity may have religious implications for individual but they are not above civil laws (i.e. Indian Divorce Act, 1869).⁶

Indian Constitution empowers the Supreme Court and High Courts to enact judicial reforms. However, excessive use of these powers may lead to judicial overreach. To prevent this we need a statue like UCC. 

Holistic thinking is essential when debating about UCC that would cover entire nation, including sexual and gender minorities. These communities lacks legislation that addresses their marriage, adoption, succession, and divorce as being excluded from personal laws.

Reference Case laws:

1. Delhi High Court. Raj Kumar Sharma vs. Rajinder Nath Diwan. AIR1987 Del323
2. Supreme court of India. Revanasiddappa vs. Mallikarjun. 2023 INSC783
3. Supreme Court of India. Moro Vishwanath vs. Ganesh Vithal. (1873) 10 Bom.444
4. Delhi High Court. Sujata Sharma vs. Shri Manu Gupta. CS(OS)--2011/2006
5. Supreme court of India. Shayara Bano vs. Union of India. (2017)9 SCC1
6. Supreme court of India. Molly Joseph vs. George Sebastian. AIR1997 SC109

Landfills: The Global Challenge We Can No Longer Ignore

Each year, an astonishing volume of waste is produced, and while we've embraced the concept of the 4Rs – Reduce, Recycle, Reuse, and Repair, the question remains: are we truly embodying these principles? According to a United Nations report, only a mere 20 percent of e-waste undergoes formal recycling. Meanwhile, the Organization for Economic Co-operation and Development (OECD) reports that a mere 9 percent of plastic is recycled. When we broaden our perspective globally, a mere 12 percent of textiles are recycled. So, where does the majority of this waste end up? Simple answer is Landfill.

To fully understand the scenario, it is necessary to classify the various kinds of waste that end up at landfill. This waste includes municipal waste, industrial waste ranging from e-waste to scrap materials, sanitary waste (including menstrual products, sexual health products, and diapers), agricultural waste (including empty pesticide and weedicide containers), and waste from the hospitality industry. As these diverse types of waste converge and are exposed to the cyclical forces of heat and rain, it is not uncommon for contaminants to infiltrate and affect the surrounding ecosystem. While this represents one facet of the problem, the other dimension concerns the allocation of land and space for such waste disposal.

As we commit to mitigating methane emissions, our primary emphasis tends to center around emissions stemming from agriculture, pastoral activities, and the energy industry. Technological solutions are sought to address and reduce these emissions. However, when we turn our attention to methane emissions originating from landfills, the discourse often revolves around solutions like source segregation, which is undoubtedly the most effective approach but faces significant practical challenges. Public engagement and awareness are notably lacking in this regard, and waste collection agencies often lack the necessary resources, both in terms of manpower and operational hours, to implement source segregation effectively.

Some other major issue surrounding landfills:

1. Fire in landfills (a common issue in Indian Subcontinent and African Continent): Fires in landfills can be categorized into two main types: surface fires and deep-seated fires. Firefighters often face greater challenges when dealing with deep-seated fires. An illustrative case occurred in March 2023 in Kerala, India when a landfill site in the state ignited. It took nearly 14 days for the responsible agencies to bring the fire under control. During this time, the affected districts were placed under mandatory lockdown measures, resulting in the closure of schools, workplaces, and the relocation of hospital patients to safer areas. Throughout the landfill fire incident, the Air Quality Index (AQI) soared to a hazardous level, exceeding a reading of 350, indicating that the air quality was severely compromised. Similar incident is currently happening in Bali, Indonesia.
2. Leaching of heavy metals from landfills: The decomposition of waste in landfills, often facilitated by rain and moisture, leads to the leaching of heavy metals and chemicals directly into the soil. This, in turn, contaminates groundwater and nearby water streams. For instance, the Bhalswa Landfill in Delhi, India, a 60 meter garbage mountain, conducted tests on groundwater within a 150-meter radius of the landfill. The results revealed elevated levels of heavy metals such as Lead and Cadmium. The permissible limit for Cadmium, as specified by the Bureau of Indian Standards (BIS), is 0.003 mg/litre, but the samples showed a concentration of 0.015 mg/litre. Similarly, for Lead, the permissible limit is 0.01 mg/litre, yet the samples exhibited a level of 0.26 mg/litre. Additionally, the samples contained a significantly higher level of total dissolved solids (TDS) - four times the permissible limit, which stands at 500 mg/litre. According to medical professionals and researchers, this water is deemed unsuitable for human use. A similar environmental crisis is unfolding at the Amin bazar landfill in Dhaka, Bangladesh. As we transition towards solar energy and battery-powered vehicles, it is imperative to establish a comprehensive waste management policy that addresses this critical issue.
3. Health hazards to the waste management worker on site: Workers on landfill sites play a vital role in manually sorting through the waste for recycling. However, these dedicated individuals often find themselves at the forefront of exposure to life-threatening diseases and infections. This risk arises from the presence of medical, sanitary, and chemical waste that frequently ends up in landfills. According to the findings of the Endocrine Society and the International Pollutants Elimination Network (IPEN), plastics have been shown to release hazardous chemicals into the environment. Among these chemicals are endocrine-disrupting compounds (EDCs), which have been linked to a range of health issues, including reduced fertility, pregnancy loss, irregular menstrual cycles, and other conditions. Additionally, these workers typically lack access to basic facilities such as washrooms and proper hand-cleaning resources. As a result, they are constantly vulnerable to diseases and infections, particularly as they handle sanitary waste without proper sanitation measures in place.

Indeed, the issues related to landfills are numerous and complex, encompassing environmental, health, and social concerns. Addressing these challenges calls for a multi-faceted approach. Essential efforts must be taken to mitigate the adverse impacts of landfills and transition towards more sustainable waste management practices.

Some of the tried and tested solution:

Legislative solutions 

• Imposing fines for non-segregation of waste. South Korea under its waste management rules can impose fines up to $900 on its citizen for not using officially issued plastic bags for waste disposal.
• Driving in citizens, NGOs and Private players, model as adopted by Indore Municipal organization of Madhya Pradesh, India. They successfully created a model which not provided D2D (Door-to-Door) model of segregated garbage collection but also generated energy from garbage which in turn generated revenue and reduced the landfill garbage mountain crisis.

Technological and Scientific solutions

• Waste to energy power plants.
  
  
  
• Plastic easting super worm, a research by Microbial Genomics, scientists from the University of Queensland in Brisbane, Australia. These insects can be a ray of hope in future. 
• Plastic waste pyrolysis oil plant, an South Korean model of plastic waste management.

Transnational laws on movement of garbage

• The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal serves as a crucial international treaty to regulate the cross-border movement and disposal of hazardous waste. However, there is a growing need for a similar convention dedicated to the movement of non-hazardous waste. A compelling example of this necessity is the tire graveyard in Kuwait, which imports tires from the United States and Europe. These countries resort to exporting their tires to Kuwait due to stricter environmental regulations in their own nations. By having a convention such pollution export can be handled more efficiently. 

Landfills, with their detrimental environmental, health, and social consequences, represent a critical issue that must be tackled comprehensively. By implementing legislative measures, embracing cutting-edge technology, and advocating for international cooperation, we can transition towards a sustainable future that minimizes waste and maximizes resource utilization. Our actions today will define the well-being of our planet and shape the legacy we leave for generations to come. It's time to turn the tide and pave the way for a more waste-conscious world.