Connect with us

Green Planet

Chinese Manjha, Bird’s Right To Fly And Indian Judiciary

Published

on

Authors: Dr. Partha Pratim Mitra and Dr. Prakash Sharma*

Recently in the backdrop of Indo-China border tension and boycott of Chinese product, a writ petitioner approached the Calcutta High Court by filing a Public Interest Litigation. The grievance was that kites were being flown with Chinese and nylon manjha which pose threat to both the pedestrians and motorcyclists particularly who used flyovers for commuting. Here, the High Court has reiterated the earlier order of the National Green Tribunal.

Chinese Manjha and Ecology

The traditional manjha is used in the entire country since ancient times. It is believed that kites and kite flying have been introduced in India by the Chinese traveller Fa Hein and Huein Tsang who had visited this country in 5thcentury BC and 7thcentury AD, respectively. The royals of Lucknow are famed for flying kites with a golden thread attached, as an incen­tive for people to cut them. With its growing popularity, manjha was industrially manufactured and is normally made of nylon, plastic and synthetic substances. In present times, it is used during festivals, across the length and breadth of the country.

In a petition filed by PETA India, the National Green Tribunal, Principal Bench, New Delhi took active step and directed all the State Governments to prohibit the manufac­ture, sale, store, purchase and use of synthetic manjha or nylon thread (known as Chinese manjha) and all other similar synthetic threads, used for kite flying and also directed to the respondents to ban import of any synthetic manjha or nylon thread in any part of the country. The Tribunal took note of the fact that thousands of birds have been frequently injured or killed by use of manjha, including rare endangered birds, like the Indian White Rumped Vulture, Great Indian Bustard, Amur Falcon,etc.

Bird’s Right to Fly in Indian Constitution

In People for Animals v. Mohazzim, the High Court of Delhi held that running the trade of birds is in violation of the rights of the birds. Expressing their anguish, the Court was worried as to why no one is caring about inflicting cruelty on birds, despite settled law that birds have a fundamental right to fly and cannot be caged and have to be set free in the sky. The horrific conditions under which birds are captured and exported illegally in foreign countries without availability of proper food, water, medical aid and other basic amenities required as per law depicts sad state of affairs.

Birds have fundamental rights including the right to live with dignity and they cannot be subjected to cruelty by anyone. Therefore, all the birds have fundamental rights to fly in the sky and all human beings have no right to keep them in small cages for the purposes of their business or otherwise. In this regard, the Gujarat High Court in Muhammadbhai Jalalbhai Serasiyav. State of Gujarat, held that to keep birds in cages would tantamount to illegal confinement of the birds which is in violation of right of the birds to live in free air and sky and directed to release illegally confined birds in the open sky.

In Narahari Jagadish Kumar v. State of Andhra Pradesh, the Andhra Pradesh High Court issued directions to State Government as well as authorities to prevent organizing cock-fights with betting during festival of sankranthi. The Court further gave stringent steps to stop such bloody and gruesome sports throughout the year. Similarly, the Madras High Court in S. Kannan v. Commissioner of Police,held that protection shall be granted to all kind of birds including poultry against cruelty of any manner. The Court observed that the birds and animals are entitled to coexist along with human beings. The Court also issued orders prohibiting cock fight and any other bird or animal fight for the sake of enjoyment of spectators.

Eco-centric Role of the Indian Courts

The present trend of Indian judiciary is to widen the scope of the Constitution and to extend right to life beyond citizens. The impetus behind such observation comes from the judgment of the Animal Welfare Board of India v.A. Nagaraja , where in the Supreme Court observed that animals have a right not to be tortured by human beings, and from being inflicted with unnecessary pain or suffering. Earlier, in Ramlila Maidan case, the Supreme Court held that the Constitution also speaks of preservation and protection of man, animals, and includes other creatures, like plants, rivers, hills etc.—all collectively forming part of the environment. In addition, the Supreme Court has also applied the eco-centric principles and rejected the earlier notion of anthropocentric approach. In T.N. Godavarman Thirumulpadv. Union of India the Court argues how humans as part of nature must also accept the intrinsic value attached with the non-humans. In Centre for Environment Law, WWF-I v. Union of India, the Courtheld that human interest does not take automatic prec­edence and humans have obligations to non-humans independently of human interest. The need of hour is restructuring of efforts at multiple levels and a desire that human-beings must collectively act to prevent destruction of environment. This would demand creation of laws, measures and policies from an eco-centric perspective.

* Prakash Sharma, Assistant Professor of Law, Vivekananda Institute of Professional Studies.

Continue Reading
Comments

Green Planet

Climate Change Problem: an Emerging Threat to Global Security

Published

on

Climate Change is one of the greatest challenges faced by humanity. The Greenhouse–gas emissions and over-exploitation of natural resources result in a rise in temperature which brings floods, droughts, a rise in sea level, and other destructive events. The problem is that climate change is a global bad, and it requires collective efforts and cooperation to limit its effects. One state cannot control Climate change alone because it does not take it into borders. Formally, the climate change issue was a matter of low politics, but the inception of the 21st century brought an understanding that it poses greater threats than traditional ones. The Covid-19 plays a major role in the realization of steps taken towards climate cooperation. States often make climate promises but cannot fulfill these promises because of the fascination with development and ignore climate change. But now world leaders have realized that the lessons of COVID-19 can tackle global climate change problems otherwise it will make this world difficult to live in.

 The newly elected President of the United States (US) Joe Biden inaugurated a virtual climate change summit with 42 world leaders. It includes leaders from Russia, China, Turkey, Israel, India, Bhutan, Bangladesh, and Pakistan. Setting aside all the differences, he invited leaders from those countries that are a major contributor to Greenhouse gas emission and those who are most vulnerable to climate change risk. In this summit, the Biden administration asked the world leaders to take actions to combat climate change collectively as the climate is a global good and requires collective efforts to tackle climate change. Biden has announced an aggressive new goal policy for greenhouse gas emissions. 2030 committed the US administration to reduce its greenhouse gas emission to 50-53%. The National Intelligence Director of President Avril Haines told world leaders that the climate change issue is no longer remains a peripheral issue but at the center of foreign policy. Other states such as France and Russia also promised to limit their greenhouse gas emission to 42-46% by 2030. It also committed China to play its role in the summit by announcing its willingness towards coal reduction. India reiterated its target of 450 GW of non-renewable energy by 2030 and announced to launch the “US-India 2030 Climate and Clean energy Agenda 2030 Partnership”. The Brazilian Environment Minister argued they need funds to enforce their plan to eliminate deforestation and carbon emission from their country. Vice president Harris argued that climate actions are necessary to tackle climate crises and to promote job opportunities. . Now, the US has put climate change at the center of its security and foreign policy because climate change is not only changing the pattern of the environment but it speeds up the geopolitical competition, undermine security and provoking ethnic conflicts. The climate change results in cyclones, floods, the rising temperature that disrupts social and economic conditions that threaten food security and human security.

By exploring the climate solution, the virtual summit announced the need to increase the public finance for mitigation and adaptation in developing countries. Biden emphasized the importance of investment in the public and private sectors to achieve the collective goal of net zero-emission. Further, climate actions require cooperation at the national and sub-national governments to speed up efforts to transform communities in line with limiting warming to 1.5 degrees Celsius. Another change that needs to be highlighted at the national level is that the government must not subsidize renewable energy industries and keep their prices high to contain their over-exploitation.  It is easy to make promises as states do, but the problems emerge in its implementation. For decades, climate change has raised concern but states often prioritize development over the environment. This is real-time for states to limit their emission and comply with the promises they have made in the summit otherwise it will lead to never-ended consequences.

COVID-19, a super-fast placed event that emerged from one part of the world and quickly spread throughout the entire world. By its speed of diffusion, it reduced all the emissions at an expensive cost, thus halting the global economy. So still we have time to think about other efficient means of emission reductions to prevent countries from the intolerable burden of Climate Change. But the challenge is how to keep that emission reduction after the pandemic. Second, just an as sharp and instant change of behavior is possible with COVID-19 so to deal with climate change a behavior change is also possible, thus shifting to the low carbon emission all depends on seriousness and credibility to the mortal threat. Third, a key implication of COVID-19 to climate change is that how to reorganize the economy so, in the post-pandemic world, it is the human interaction that would determine the organization of the economy. Thus future will determine whether a low contact economy with a clean environment would be a lower carbon emission economy or not. Further, states must focus on how to open up the economy in the Green Revolution. Another major issue which the world leaders failed to address is the global problem of Covid-19. Despite the technological advancement and huge development, zoom diplomacy began with a distorted voice from the most advanced countries of the world. There is a need to cooperate on a matter of Covid-19 so that states think on the wider notion of climate actions. Thus we have to use all these lessons in the context of climate change to make this world a better place to live in.

Continue Reading

Green Planet

Rails, Roads And Emissions

Published

on

It is common knowledge that emissions affecting climate are least for rail travel in comparison with airplanes or road vehicles.  Consequently the $80 billion allocated to rail in an otherwise laudable budget appears paltry. 

Why is the US not investing in rail?  The usual reason given is that distances are so vast that it’s a no-brainer for business travellers to rely on commercial airlines.  But the way the technology is advancing, and as Europeans (and the Chinese) have demonstrated, a network of high-speed rail can offer a greener alternative. 

Trains are getting faster and new innovations like tilting trains lower the cost of replacement tracks.  If 200 mph is being breached more often, then 250 mph should be in our sights.  And Elon Musk has proposed vacuum tubes to remove wind resistance and reach even higher speeds. 

Yet a 250 mph rail network with average speeds in excess of 200 mph would revolutionize the concept of travel.  New York to Chicago in five hours and east to west coast overnight with the possibility of visiting neglected areas out of reach with expressways and airplanes would bring new growth and dynamism where it is needed. 

A point to note is prevailing interest rates.  They are so low historically that railroad bonds at a competitive interest rate would be snapped up  especially if they were guaranteed by the government. 

While one can agree with the aims and compassion clearly evident in the president’s proposals, the process to achieve them is less clear.  In particular on climate change the goal of net zero emissions within a decade is laudable.  But a speedy switchover to electric vehicles raises questions: Simply, how?

The system is geared to internal combustion engines.  Mechanics train for years to become proficient.  Aside from that, has anyone wondered what happens to all those large electric car batteries when they have to be replaced?  Since lithium used in them is a finite resource, it would have to be recovered or the 80 million tons estimated to be the world’s store would eventually be depleted.  

Another issue is the electricity used to charge the batteries.  If it comes from a coal-fired plant, are we back to square one?  Currently about a quarter of the electricity generated in the US comes from coal. Of course dealing with pollution at the source (like a coal plant) is easier. 

The number of Americans living paycheck to paycheck (roughly half) is just one more reason the changeover to electric vehicles might take a while; they just don’t have the funds.  Add to these numbers the elderly living on fixed incomes or the ranks of the unemployed and one can understand the scale of the problem.  

One can laud the US president’s goals but we need to see some action (even proposals) to facilitate them. 

Continue Reading

Green Planet

Global Environmental Governance and Biden’s Administration

Published

on

Being the largest emitter of greenhouse gas in the world, it is the responsibility of U.S to contribute expeditiously to manage the environmental issues at domestic and international level but the previous government, under the leadership of Trump, took back seat and reversed all the decisions of Ex-president Barack Obama to combat the climate change. Unlike this, New Elected President, Joe Biden, who is very enthusiastic and firm to fulfill all the promises regarding climate change which were done during the general election’s campaign. Moreover, he views climate change a thwart to national security. One of the biggest achievements associated with Biden’ administration regarding environmental issues is to bring U.S back into Paris Climate Accord and brought executive order’’ Protecting Public Health and the Environment and Restoring science to tackle the climate crisis’’ on the surface.

A flurry of changes to U.S environment policy is going to play a constructive role in global environmental governance under Biden administration. Even before elections, climate change was one of the top priorities and aimed to put the U.S on a path which leads towards ‘’ Zero Net’’ greenhouse gas emission. In the very early of His office days, He is very committed to deal with the climate change as they hosted ‘’ Climate Day’’ to introduce government climate centric approach to emphasize on the climate change.  Biden administration also ordered to revoke a permanent issued for Keystone XL oil pipeline which trump issued for extraction of oil and energy which is dangerous to national ecosystem. In addition to this, they are also very active to promote US role to tackle the climate change at domestic and abroad. At domestic level, Biden’s actions are speaking louder than the words as he has ascribed the climate crisis with a national emergency. At the time of his inauguration, Biden said: ‘’ A cry for survival comes from the planet itself, a cry that can’t be any more desperate or any clearer’’. He also directed his cabinet to work on the policy of ‘’ social carbon cost’’ to measure the cost of actions and how costs will impact the climate change. He endeavors to control the climate change by keeping a strict eye on the big project’s reviewing process before working under the National Environmental Policy Act which calculates the social costs of greenhouse gas emissions.

On international level, Biden has been striving to improve the spoil image shaped by the previous government regarding global environmental governance as he has declared to rejoin the Paris Climate accord which would help to reduce the greenhouse gas emission. In the result of this action, Biden was welcomed by the General Secretary of the United Nations and French Prime Minister Emmanuel Macron by saying ‘’ Welcome Back to the Paris Agreement’’. Moreover, Biden Administration is very determined to convene a global climate summit on the earth day to encourage leaders to align themselves with scientist to alleviate the impacts of climate change. On international forums, US need to cooperate and compel the economic trade partner to take actions to combat with climate crisis. One of the essential steps taken by the Biden administration is to manage the climate refugees which aim to make strategies to compensate the climate affected migrants.

The thin majority of democratic in the senate does not only limit the possibility for Biden to achieve climate change reforms along strong anti-climate lobbyist business group who are inimical to the reforms particularly relevant to vehicle, power plants and oil and gas drilling industries. Without new climate legislation from congress, it would be not an easy task to implement the climate agenda across the borders. The vocal resistance comes from the coal production sectors which result in burning of fossil fuels and caused of greenhouse gas emissions. Whereas, few sectors are opposing the agenda there are also companies specially electrical vehicles are exclusively offering assistance to Biden for the sustainable development. Undoubtedly, environmental organizations and scientists community applauded the Biden decisions but few business groups have also filed a lawsuit against Biden to not stop the new permit for oil and gas drilling. There are also concerned raised by the community that climate actions will delete many jobs and cause of upsurge in unemployment percentage across the federation.

It is very evident from the ambitions of Biden’s action regarding climate crisis that he is very interesting to mitigate and curb the climate change but it will require highly comprehensive strategy aims to manage the reforms in laws while taking congressmen in confidence because most of them are not in favor of climate actions due to clash of interests. On the other hand, there is need to work on renewable energy resources at domestic and international level and for this US should compensate the companies to compete with the old capitalized firms which do not want safe and peaceful planet. Moreover, there is need to bring reforms in existing environmental treaties and their compliance process which should be strictly followed by the harsh actions against the violators. The process of financing the agendas which are very environment friendly and transforming the resources to the periphery states should be done swiftly to improve the environment across the globe. The aims of achieving sustainable development should be promoted and supported by the US across the world.

Continue Reading

Publications

Latest

Americas5 hours ago

Weakness or calculation? How the pandemic undermined the US world leadership

Anyone watching the numerous doomsday movies, happily churned out by Hollywood, will see American doctors saving the planet from space-borne...

Defense9 hours ago

Prospects for a Settlement of the Libyan Conflict: Three Scenarios of the Mid-Term Forecast

More than ten years ago, in February 2011, the Arab Spring began in Libya. The armed uprising quickly escalated into...

New Social Compact11 hours ago

Discerning the Human Element Amid the Pandemic

“We are not human beings having a spiritual experience. We are spiritual beings having a human experience.” – Pierre Teilhard de...

Arts & Culture13 hours ago

“Kharibulbul” festival represents a multi-ethnic, multi-confessional and multicultural Azerbaijan

As a country of multiculturalism, Azerbaijan promotes the cross-cultural dialogue inside the country, but also at the regional level. The...

Europe15 hours ago

A leaderless ship: The Bulgaria’s political crisis and the storm to come

Internal and international tensions Politics tends to develop in a complex conundrum in all Balkan countries. Thus, never can observers...

Science & Technology17 hours ago

Elon Musk’s “City-State” on Mars: An International Problem

The private space industry is booming with companies like SpaceX, Blue Origin, and Virgin Galactic all designing spacecraft to transport...

New Social Compact19 hours ago

Feminist perspective of the War,Peace and Politics in International Relations

India is a land where Mahatma Gandhi and his ideas of non-violence were born, but it is also the land...

Trending