Moot court competition memorial, Papers of Law

Download Moot court competition memorial and more Papers Law in PDF only on Docsity! DIRECTORATE OF LEGAL STUDIES, TAMIL NADU INTER-COLLEGEIATE STATE LEVEL MOOT COURT COMPETITION-2022 1 MEMORANDUM ON BEHALF OF THE RESPONDENTS GOVERNMENT OF TAMILNADU DIRECTORATE OF LEGAL STUDIES INTER-COLLEGEIATE STATE LEVEL MOOT COURT COMPETITION-2022 BEFORE THE HON’BLE SUPREME COURT OF YAVANA (UNDER ARTICLE 32 OF THE CONSTITUTION OF YAVANA) IN THE MATTER OF: WRIT PETITION NO. ______ OF 2022 DIGNITY ASSURANCE FOR YAVANIANS PETITIONER VERSUS UNION OF YAVANA RESPONDENT ALONG WITH WRIT PETITION NO. ______ OF 2022 NATIONAL HUMAN RIGHTS COMMISSION & ORS. PETITIONER VERSUS UNION OF YAVANA & ANR. RESPONDENT ALONG WITH WRIT PETITION NO. ______ OF 2022 SENGAI VALLEY DWELLER’S SOCIETY PETITIONER VERSUS STATE POLLUTION CONTROL BOARD & ANR. RESPONDENT MEMORIAL ON BEHALF OF THE RESPONDENTS MOST RESPECTFULLY SUBMITTED BEFORE THE BENCH OF THIS HON’BLE COURT EAM CODE: KARUVEL DIRECTORATE OF LEGAL STUDIES, TAMIL NADU INTER-COLLEGEIATE STATE LEVEL MOOT COURT COMPETITION-2022 2 MEMORANDUM ON BEHALF OF THE RESPONDENTS TABLE OF CONTENTS LIST OF ABBREVATIONS …………….……………….…….……….…………………4 INDEX OF AUTHORITIES ……………………...…….…………….…………...……....6 STATEMENT OF JURISDICTION …………………………….….………………….....8 STATEMENT OF FACTS ………………………………………………...……................9 ISSUES RAISED………………………………………………………..…………….…...11 SUMMARY OF ARGUMENTS ………………………………………..………………..12 ARGUMENTS ADVANCED …………………………….……...……..…………….…..13 ISSUE 1: WHETHER THE PROHIBITION OF EMPLOYMENT AS MANUAL SCAVENGER AND THEIR REHABILITATION ACT -2013 IS CONSTITUTIONALLY VALID?..............................................................13 1.1. THE ACT HAS OUTLAWED MANUAL SCAVENGING 1.2. THE ACT UPHOLDS FUNDAMENTAL RIGHTS AS GUARANTEED UNDER THE YAVANIAN CONSTITUTION ISSUE 2: WHETHER THE GOVERNMENT HAS COMPLIED WITH ITS INTERNATIONAL COMMITMENTS?................................................19 2.1. UNIVERSAL DECLARATION OF HUMAN RIGHTS, 1948 2.2.THE COVENANT ON CIVIL AND POLITICAL RIGHTS 1966 2.3.THE COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS 1966 ISSUE 3: WHETHER THE DEPENDENTS OF THE DECEASED WERE ENTITLED TO CLAIM COMPENSATION?..............................................22 3.1. “SUBLA FUNDAMENTO CEDIT OPUS”- A FOUNDATION BEING REMOVED, THE SUPERSTRUCTURE FALLS 3.2. THE GOVERNMENT HAS TAKEN ADEQUATE STEPS TO PROVIDE ALTERNATIVES FOR MANUAL SCAVENGERS 3.3. “VOLENTI NON FIT INJURIA” DIRECTORATE OF LEGAL STUDIES, TAMIL NADU INTER-COLLEGEIATE STATE LEVEL MOOT COURT COMPETITION-2022 5 MEMORANDUM ON BEHALF OF THE RESPONDENTS 23 SC Supreme Court 24 SCC Supreme Court Cases 25 SCR Supreme Court Reporter 26 Sec Section 27 SPCB State Pollution Control Board 28 UOI Union of India 29 u/s Under section 30 Vol Volume 31 Vs. Versus DIRECTORATE OF LEGAL STUDIES, TAMIL NADU INTER-COLLEGEIATE STATE LEVEL MOOT COURT COMPETITION-2022 6 MEMORANDUM ON BEHALF OF THE RESPONDENTS INDEX OF AUTHORITIES CASES 1. Vimla Govind Chorotiya And 2 Ors vs State Of Maharashtra and ors., WRIT PETITION (L) NO.15651 OF 2021 2. Change India vs. Government Of Tamilnadu , W.P.No.25726 of 2017 3. Suresh Kumar Koushal & Anr vs Naz Foundation & Ors(CIVIL APPEAL NO.10972 OF 2013 (Arising out of SLP (C) No.15436 of 2009) 4. Safai Karamchari Andolan And Ors vs Union Of India,W.P. (CIVIL) NO. 583 OF 2003 5. Union Of India & Ors vs Major General Madan Lal Yadav, 1996 AIR 1340, 1996 SCC (4) 127 6. Devendra Kumar vs State Of Uttaranchal & Ors, CIVIL APPEAL NO. 1155 of 2006 7. Ramesh Prasad Patel vs Union Of India (W.P. (S) No. 4841 of 2008) 8. Smith v. Charles Baker and Sons [1891] A.C. 325; 65 L.T. 467 9. Sanjeet Singh Kaila vs Union Of India And Anr., W.P.(C) 3414/2013 10. Gillmore Vs- London County Council–(1938) 4 All ER 331. 11. Dr. Debajit Das And Anr vs Williamson Magor Education Trust– (RFA 47/2018) 12. Bandhua Mukti Morcha v. Union of India, AIR 1984 SC 812 13. K.Sundari vs The State Represented By, Crl.O.P.(MD).No.1187 of 2007 14. Pradeep Krishen vs Union Of India, W.P. (Civil) No. 262 of 1995 STATUTES, ACTS AND RULES 1. The Constitution of India, 1950 2. The Indian Penal Code, 1860. 3. The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 4. The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 1993 5. The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 6. Bio-Medical Waste Management Rules, 2016 7. Bio-Medical Waste Management Rules, 1998 8. The Prohibition of Employment as Manual Scavengers and their Rehabilitation Rules, 2013 DIRECTORATE OF LEGAL STUDIES, TAMIL NADU INTER-COLLEGEIATE STATE LEVEL MOOT COURT COMPETITION-2022 7 MEMORANDUM ON BEHALF OF THE RESPONDENTS INTERNATIONAL INSTRUMENTS 1. Universal Declaration Of Human Rights, 1948 2. The Covenant On Civil And Political Rights 1966 3. The Covenant On Economic, Social And Cultural Rights 1966 4. The Convention On The Elimination Of All Forms Of Discrimination Against Women BOOKS AND COMMENTARIES 1. M.P. Jain, Indian Constitutional Law, (6th Ed, 2010) 2. Durga Das Basu, Shorter Constitution Of India, (14th Ed, 2009) 3. V.N. Shukla, Constitution of India, (12th Ed, 2016) 4. R.P.Kataria and Salah Uddin, Commentary on Human Rights( 1 st Ed,2011) LEGAL DATABASE 1. http://www.indiakanoon.com 2. http://www.scconline.com 3. http://www.casemine.com 4. https://www.scconline.com/ DIRECTORATE OF LEGAL STUDIES, TAMIL NADU INTER-COLLEGEIATE STATE LEVEL MOOT COURT COMPETITION-2022 10 MEMORANDUM ON BEHALF OF THE RESPONDENTS As a result of this incident, the general manager of the GHS was arrested by Maruvai Police under sections 304, 107 and 109 of Yavanian Penal Code. The National Human Rights Commission of Yavana took suo moto cognizance on the issue and also moved the matter to the Supreme Court under Article 32 of the Yavanian Constitution. Also, an Intervention Application has been filed by Mrs.Mersina,the mother of Jonila to implead in the case along with the relatives of other three deceased for claiming compensation for the sewer deaths. Fault in GHS’s incineration and negligence of SPCB: The GHS which owns a Huge plant of incinerator for medical waste in suburban of Maruvai, is adjacent to the „Sengai Valley‟ gated community which consist of 500 residents. A short time ago, several cases were reported in and around Sengai Valley hospitals of the residents facing similar health issues. Eventually by understanding the seriousness of the hazardous situation, Society approached the GHS as their Incineration producing noxious fumes in the vicinity of Sengai Valley. However,the GHS totally ignored this issue. Aggrieved by this act of GHS the Society approached the State Pollution Control board of Poigai. Since, there were no satisfactory actions on the part of SPCB of Poigai the Society has filed a writ petition in the Apex Court of the Union of Yavana. . On observing the multiplicity of proceedings which was in the larger public interest, the Apex Court of Yavana integrated all the above petitions and scheduled the matter for a hearing. DIRECTORATE OF LEGAL STUDIES, TAMIL NADU INTER-COLLEGEIATE STATE LEVEL MOOT COURT COMPETITION-2022 11 MEMORANDUM ON BEHALF OF THE RESPONDENTS ISSUES RAISED ISSUE 1 WHETHER THE PROHIBITION OF EMPLOYMENT AS MANUAL SCAVENGER AND THEIR REHABILITATION ACT 2013 IS CONSTITUTIONALLY VALID? ISSUE 2 WHETHER GOVERNMENT HAS COMPLIED WITH ITS INTERNATIONAL COMMITMENTS? ISSUE 3 WHETHER THE DEPENDANTS OF THE DECEASED WERE ENTITLED TO CLAIM COMPENSATION? ISSUE 4 WHETHER THE BIO-MEDICALWASTE DISPOSAL REGULATIONS ARE FULFILLING THE CONSTITUTIONAL MANDATES? . DIRECTORATE OF LEGAL STUDIES, TAMIL NADU INTER-COLLEGEIATE STATE LEVEL MOOT COURT COMPETITION-2022 12 MEMORANDUM ON BEHALF OF THE RESPONDENTS SUMMARY OF ARGUEMENTS 1. WHETHER THE PROHIBITION OF EMPLOYMENT AS MANUAL SCAVENGER AND THEIR REHABILITATION ACT -2013 IS CONSTITUTIONALLY VALID? It is humbly submitted that the PEMSR Act is constitutionally valid as the Act has outlawed manual scavenging, and upholds the fundamental rights as guaranteed under the Yavanian Constitution. The employment of manual scavenging under the Act is illegal, and the Act has taken measures to prohibit manual scavenging across Yavana. 2. WHETHER THE GOVERNMENT HAS COMPLIED WITH ITS INTERNATIONAL COMMITMENTS? It is humbly submitted that the government has complied with its International Commitments. The steps taken by the government are in keeping with international commitments. The Covenant on Economic, Social and Cultural Rights 1966, The Covenant on Civil and Political Rights 1966, Universal Declaration of Human Rights have been signed by the government of Yavana. The government has been actively involved in prohibiting manual scavenging. 3. WHETHER THE DEPENDENTS OF THE DECEASED WERE ENTITLED TO CLAIM COMPENSATION? It is humbly submitted that the dependents of the deceased are not entitled to claim compensation. When the initial action is not in consonance with law, the subsequent conduct of a party cannot sanctify the same. 4. WHETHER THE BIO-MEDICAL WASTE DISPOSAL REGULATIONS ARE FULFILLING THE CONSTITUTIONAL MANDATES? It is humbly submitted that the Bio Medical Waste Disposal Regulations fulfils its constitutional mandate. The Act has necessary provisions to uphold its constitutional mandates. Constitutional mandates are obligations imposed upon the State to ensure that the rights granted under the Constitution are available to citizens. A failure to conform to the law does not imply imperfection in the law. DIRECTORATE OF LEGAL STUDIES, TAMIL NADU INTER-COLLEGEIATE STATE LEVEL MOOT COURT COMPETITION-2022 15 MEMORANDUM ON BEHALF OF THE RESPONDENTS [¶8.] Further, under the sub clause 3 7 , if the occupier still fails to demolish an insanitary latrine or convert it into a sanitary latrine within the specified time period, then the local authority having jurisdiction over the area can either convert such latrine into a sanitary latrine, or demolish such insanitary latrine, and shall be entitled to recover the cost of such conversion from the occupier. [¶9.] The aforementioned stringent clauses clearly depict the intolerant policy of the government towards the practice of manual scavenging. Hence it is most humbly submitted that each and every provision contained in the PEMSR act has only outlawed Manual Scavenging thereby making it constitutionally valid. 1.1.3. BOTTOM-UP SYSTEM TO ADDRESS THE PROBLEMS [¶10.] The Act has provisions under section 11 for the Municipality to identify the persons who are suspected to be involved in the practice of MS. Once the final list of MS is published, after examining the objections put forward— the concerned individuals are no longer under any obligation to work as MS. [¶11.] These provisions show that the government has sought to address this problem from the lower levels of administration—the municipalities (sec 11) 8 , panchayats (sec 14) 9 ; in small communities. The act tackles the problem from the smallest units of governance, ensuring that it is abolished bottom-up, as top-down enforcements are difficult to implement. [¶12.] Moreover the entire Chapter 7 of the Act lists the power vested in the respective authorities to curb Manual scavenging. Provisions for constituting a Vigilance Committee, State Monitoring Committee, Central Monitoring Committee are explained. This is also an effective tool to monitor and eradicate manual scavenging. [¶13.] In the case of Change India vs. Government Of Tamilnadu 10 , the Hon'ble court after referring to various provisions under the act, stated that Inasmuch as the Act 2013 7 Section 5(3) of the PEMSR act, 2013 8 Section 11 of the PEMSR act, 2013 9 Section 14 of the PEMSR act, 2013 10 Change India vs. Government Of Tamilnadu , W.P.No.25726 of 2017 DIRECTORATE OF LEGAL STUDIES, TAMIL NADU INTER-COLLEGEIATE STATE LEVEL MOOT COURT COMPETITION-2022 16 MEMORANDUM ON BEHALF OF THE RESPONDENTS occupies the entire field, we are of the view that no further monitoring is required by this Court. This observation of the Hon'ble court proves the PEMSR act's accord with the constitutional mandate of Yavana. Hence it is most humbly submitted that the PEMSR Act, 2013 has outlawed the practice of Manual Scavenging through its efficient and stringent provisions. 1.2. THE ACT UPHOLDS FUNDAMENTAL RIGHTS AS GUARANTEED UNDER THE YAVANIAN CONSTITUTION ARTICLE 21: [¶14.] The Constitution is a living document and it should remain flexible to meet newly emerging problems and challenges. So, the Fundamental rights are be interpreted in an expansive and purposive manner so as to enhance the dignity of the individual and worth of the human person. 11 The right to life under Article 21 has much wider meaning which includes  the right to a better standard of life and hygienic conditions at the workplace and  the right to live with human dignity free from exploitation. [¶15.] The provisions contained under PEMSR Act is in perfect consonance with the aforementioned implicit rights. Because, it aims to provide manual scavengers the Right to live with dignity enshrined under the Constitution, to protect weaker sections from social injustice, to end the continuing existence of insanitary latrines and a highly unfair caste system, to rehabilitate them to a life of dignity and to correct the historical injustice and indignity suffered by the them. [¶16.] Moreover the right to life under Article 21 12 also guarantees right to rehabilitation . The PEMSR act is in consonance with this implicit right since it contains the provision of Rehabilitation of persons identified as manual scavengers under section 13 and 16. 11 Suresh Kumar Koushal & Anr vs Naz Foundation & Ors(CIVIL APPEAL NO.10972 OF 2013 12 Article 21, Constitution of India, 1949 DIRECTORATE OF LEGAL STUDIES, TAMIL NADU INTER-COLLEGEIATE STATE LEVEL MOOT COURT COMPETITION-2022 17 MEMORANDUM ON BEHALF OF THE RESPONDENTS [¶17.] Any person identified as manual scavenger and published in the list shall be provided rehabilitation by the respective municipality or panchayat. The important features guaranteeing their Rehabilitation are as follows:  An initial, one-time cash assistance shall be provided  Manual scavengers are to be allotted a residential plot and financial assistance for construction, or a ready-built house  Scholarship for children as per the relevant scheme of the central or state government or the local authorities as the case may be  They shall be trained in a livelihood skill, subject to eligibility, and provided a monthly stipend of Rs 3,000 during the training  They shall be provided with subsidy and concessional loan if they want to take up an alternative profession, subject to eligibility  Legal and programmatic assistance will also be provided as notified by the central or state government  Manual scavengers in rural areas will be rehabilitated by as per the previous provision relating to urban manual scavengers. ARTICLE 17: [¶18.] Art 17 of the constitution of Yavana states that untouchability is abolished and its practice in any form is forbidden. With reference to manual scavenging that has accursed Yavanian society since time immemorial, the spirit of Article 17 of the Constitution of India had already been given voice through the Protection of Civil Rights Act, 1955, which outlawed the act of compelling a person to do any scavenging on the basis of his or her untouchability. [¶19.] But, it is the PEMSR act 2013 which brought an even more stringent imposition of complete prohibition of such practice in any form even in case of voluntary engagement. Hence, in the light of inadequacy and failure of the previous law in eliminating the evil of manual scavenging, the present act came into force. DIRECTORATE OF LEGAL STUDIES, TAMIL NADU INTER-COLLEGEIATE STATE LEVEL MOOT COURT COMPETITION-2022 20 MEMORANDUM ON BEHALF OF THE RESPONDENTS Article 7 provides for just and favorable conditions of work; Article 9 provides for right to social security including social insurance, Article 11 for adequate standard of living for himself and his family including adequate food, clothing and housing. But normally in case of manual scavengers these rights are violated to its maximum extent. That is why the PEMSR act not only prohibits such practice but also provides rehabilitation to such persons identified as manual scavengers. Such provisions are contained under section 13 and 16 of the act and it includes features such as livelihoods and skill development, access to education for children of former manual scavengers and alternate livelihoods. 2.2.THE COVENANT ON CIVIL AND POLITICAL RIGHTS 1966 [¶28.] Article 8 of ICCPR provides the right to not be enslaved and Article 26 confers the right to equality before law. In a country like Yavana, manual scavenging was considered to be the work of a certain community of people. According to the Government data, 97% of manual scavengers are Dalits. However, in the recent decades, the government through its continues efforts has brought in stringent provisions that are intolerant towards manual Scavenging in any form. [¶29.]Other steps taken by the government: Prevention of SC/ST Atrocities Act, 1989: It became an integrated guard for sanitation workers as more than 90% people employed as manual scavengers belonged to the Scheduled Caste. This became an important landmark to free manual scavengers from designated traditional occupations. [¶30.]Self-Employment Scheme for Rehabilitation of Manual Scavengers (SRMS): The scheme launched by the Ministry of Social Justice and Empowerment aims to rehabilitate manual scavengers and their dependents in alternative occupations, in a time bound manner. DIRECTORATE OF LEGAL STUDIES, TAMIL NADU INTER-COLLEGEIATE STATE LEVEL MOOT COURT COMPETITION-2022 21 MEMORANDUM ON BEHALF OF THE RESPONDENTS [¶31.]Supreme Court order, 2014: It made it mandatory for the Government to identify all those who died in sewage work since 1993 and provide Rs. 10 lakh each as compensation to their families. 19 [¶32.]National Commission for Safai Karmacharis (NCSK): It is a statutory body established under the National Commission for Safai Karamcharis Act 1993. The main aim of the commission is to promote and safeguard the rights of the Safai Karamcharis. [¶33.] Swachh Yavana Mission: It led to the construction of toilets with on-site sanitation systems like septic tanks and pits. [¶34.]Hence, the Government of Yavana on all counts to comply with its International Commitments since the practice has been prohibited in Yavana as a result of which no death has been recorded as a result of manual scavenging in the past 5 years. 19 Safai Karamchari Andolan And Ors vs Union Of India,W.P. (CIVIL) NO. 583 OF 2003 DIRECTORATE OF LEGAL STUDIES, TAMIL NADU INTER-COLLEGEIATE STATE LEVEL MOOT COURT COMPETITION-2022 22 MEMORANDUM ON BEHALF OF THE RESPONDENTS 3. WHETHER THE DEPENDENTS OF THE DECEASED WERE ENTITLED TO CLAIM COMPENSATION? [¶35.] It is submitted that the dependents of the deceased are not entitled to claim compensation. The facts state that when GHS could not avail the services of the regular sanitation provider, and after multiple calls to other providers, they were “informed that there are manual supports to do the work.” There was continuous rain the previous day, and there was some leakage due to overflow in the septic and sewage tank which resulted in foul odour and an uncomfortable situation. As a last resort, and under the exceptions provided in chapter II of the Rules, GHS accepted the and hired the volunteers in order to fix the leakage. [¶36.] GHS did not force the workers into a contract, but were merely alerted of manual service being provided, and “hired” them. They were hired volunteers, they were not under any regular contract. Despite the government taking steps to abolish manual scavenging, the workers out of their own volition have taken up manual scavenging. 3.1. “SUBLA FUNDAMENTO CEDIT OPUS”- A FOUNDATION BEING REMOVED, THE SUPERSTRUCTURE FALLS. [¶37.] The petitioners allege that manual scavenging has taken place.If that indeed is the case, the workers by their own volition offered their services. If the initial action is not in consonance with law, the subsequent conduct of a party cannot sanctify the same. “Subla Fundamento cedit opus”- a foundation being removed, the superstructure falls. A person having done wrong cannot take advantage of his own wrong and plead bar of any law to frustrate the lawful trial by a competent Court. In such a case the legal maxim Nullus Commodum Capere Potest De Injuria Sua Propria applies. 20 20 .Union Of India & Ors vs Major General Madan Lal Yadav, 1996 AIR 1340, 1996 SCC (4) 127 DIRECTORATE OF LEGAL STUDIES, TAMIL NADU INTER-COLLEGEIATE STATE LEVEL MOOT COURT COMPETITION-2022 25 MEMORANDUM ON BEHALF OF THE RESPONDENTS authority to identify himself as a manual scavenger and avail himself of the rehabilitation that is provided for by the government: “Any person working as a manual scavenger in an urban area, may, either during the survey undertaken by the Municipality in pursuance of section 11, within whose jurisdiction he works, or at any time thereafter, apply, in such manner, as may be prescribed, to the Chief Executive Officer of the Municipality, or to any other officer authorised by him in this behalf, for being identified as a manual scavenger.” [¶48.] The rehabilitation involves scholarship for his children, a residential plot and financial assistance for house construction, or a ready-built house, with financial assistance, training in a livelihood skill for him or any member of his family who are willing along with a monthly stipend of not less than three thousand rupees, during the period of training, subsidy and concessional loan for taking up an alternative occupation on a sustainable basis for him or any member of his family, and he shall be provided such other legal and programmatic assistance. [¶49.] The same applies for panchayats as well. The government is taking every effort to eliminate this evil from the lowest levels of our civil society as well as governance and uplift the people who have been subjected to this inhumane act for time immemorial. Thus, the government is at the service of the common man, but it would also require the cooperation of the common man. This regrettable and horrifying incident could have been avoided had the manual scavengers approached the concerned municipality for relief. 3.3. “VOLENTI NON FIT INJURIA” [¶50.] Volenti non fit 23 is Latin for “to a willing person, it is not a wrong.” This legal maxim holds that a person who knowingly and voluntarily risks danger cannot recover for any resulting injury. 24 .This principle was the common-law basis for the assumption of the risk doctrine. There are 2 essential elements for volenti non fit injuria: 1. The plaintiff has the knowledge of the risk 2. The plaintiff with the knowledge of risk has voluntarily agreed to suffer the harm. 23 Smith v. Charles Baker and Sons [1891] A.C. 325; 65 L.T. 467, Sanjeet Singh Kaila vs Union Of India And Anr., W.P.(C) 3414/2013 24 Gillmore Vs- London County Council–(1938) 4 All ER 331. Dr. Debajit Das And Anr vs Williamson Magor Education Trust– (RFA 47/2018) DIRECTORATE OF LEGAL STUDIES, TAMIL NADU INTER-COLLEGEIATE STATE LEVEL MOOT COURT COMPETITION-2022 26 MEMORANDUM ON BEHALF OF THE RESPONDENTS [¶51.] Ms. Jonila, the research scholar from the nation of Utopia conducting research in the area. It is clear from the facts her field of study was in manual scavenging . Thus, being aware of the imminent and inherent danger, and the past incidents, the deceased had knowledge of the risk. DIRECTORATE OF LEGAL STUDIES, TAMIL NADU INTER-COLLEGEIATE STATE LEVEL MOOT COURT COMPETITION-2022 27 MEMORANDUM ON BEHALF OF THE RESPONDENTS 4. WHETHER THE BIO-MEDICAL WASTE DISPOSAL REGULATIONS ARE FULFILLING THE CONSTITUTIONAL MANDATES? [¶52.] It is submitted that the BMWR fulfils its constitutional mandate. The Act has necessary provisions to uphold its constitutional mandates. Constitutional mandates are obligations imposed upon the State to ensure that the rights granted under the Constitution are available to citizens. Under biomedical waste management, the state is under obligation to ensure that the right to life is not infringed (Article 21), ensure that public health is being taken care of and to take proper measures in protecting the same and to formulate its policies keeping in consideration its duties as laid down by the constitution (Article 47). The constitution also mandates the protection and improvement of the environment and safeguarding the forests and wildlife of the country (Article 48A), protection and improvement of the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures (Article 51A). Athough the DPSP are not binding obligations but hold only persuasive value, yet they should be duly implemented by the State. 25 [¶53.] The facts state that during this controversy, a viral video showed two dogs fighting for anatomical waste–human hands, in the public street of Maruvai. 4.1. SALIENT FEATURES OF THE ACT [¶54.] The BMWMR, 2016 was enacted with the objective of improving the collection, segregation, processing, treatment and disposal of these bio-medical wastes in an environmentally sound management and thereby reducing the bio- medical waste generation and its impact on the environment. The Act has incorporated new and has actively taken effort to Its salient features include i. The eventual phasing-out the use of chlorinated plastic bags, gloves and blood bags within two years ii. Pre-treatment of the laboratory waste, microbiological waste, blood samples and blood bags through disinfection or sterilisation on-site in the manner as prescribed by WHO or NACO 25 Bandhua Mukti Morcha v. Union of India, AIR 1984 SC 812