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A REPORT SUBMITTED BY:YOGESH KUMAR SAXENA, ADVOCATE High Court Appointed as Special Officer on Ganga pollution matter Chamber No.139, High Court campus, Allahabad

Civil Mics. Writ Petition No. 4003 of 2006

Cleanup efforts and the Dilemma- Ganga Pollution

Upstream pollution, downstream misery

Residents and local corporators in Kanpur were on warpath as the taps in many localities of this industrial town supplied black, brown, yellow stinking water. In Allahabad, the sadhu fraternity refused to take a holy dip on Mauni Amawasya enraged at governments callousness to check pollution in Ganga whose water they said was no longer fit for religious ritual.

Two simultaneous agitations. Identical reason .

It is a story of how downstream towns suffer due to activities upstream. There are distilleries, paper, sugar mills and chemical units in Meerut, Rampur, Gajraula Industrial Estate, Moradabad, Bulandsahar and other towns of Western Uttar Pradesh and Uttaranchal which discharge their highly contaminated, multi-coloured waste into the Ram Ganga and Kali rivers, the tributaries of Ganga which meet it in the upstream of Kanpur. The industrial effluents generated by upstream towns aggravate Kanpurs drinking water problem. In Kanpur, 350-odd leather-making units add to the pollution of the holy river. Resultantly, further down, Allahabad gets more toxic water. A beeline of gastro enteritis patients at Kanpur hospitals and the growing ire of the saints at Allahabad made the authorities concerned take stock of the state of affairs. Taking strong note of the situation, the Central Pollution Control Board (CPCB) took samples of the Ganga water at various locations. It was found that the oxygen level in Ram Ganga at Farrukhabad was 0.4 milligram per litre due to which shoals of fish were dying. The CPCB has pointed out that Ram Ganga and Kali are polluted owing to the

untreated industrial waste discharged by paper factories, distilleries and other chemical units which have turned the river water black and yellow. Similarly, the Mayor of Kanpur alleges that most upstream districts have closed their treatment plants and so the impact can be seen in the citys drinking water. Interestingly, the CPCB officials saw deep yellow water in Ram Ganga river in Haldwani district of Uttranchal. However, instead of taking any action against the erring units, the Uttaranchal authorities have washed their hands off the problem. The Uttar Pradesh (UP) government has directed the district magistrates of Farrukhabad, Meerut and Moradabad to initiate action against the sugar mills and distilleries. Already, the cash-starved Kanpur Jal Sansthan (Water Works) is spending Rs 50,000 extra everyday in purification of highly polluted raw water from Ganga. Acting General Manager and Secretary of Jal Sansthan RS Tiwari said that unless the pollutants are tapped from being released in the mainstream, the Sansthan will face a financial crunch and may be forced to stop water purification process. Sources say that the Jal Sansthan has been, of late, using alum and liquid chlorine at the rate of 80 to 90 kgs in place of 20 to 30 kgs per hour. Jal Sansthan authorities opine that the effluents released in the upstream would impact the raw water source of Kanpur for many days. Even if the pollutants released upstream are tapped today, it would take at least five days before Kanpurs tryst with contaminated water ends. Meanwhile the protesting sants at Allahabad have noted that they would take more stringent steps to restore the glory of Ganga. Saints like Shankaracharya of Jyotirmath, Swami Swaroopanand Saraswati and Swami Nischalanand of Puri have said that if the situation is not salvaged, their agitation would mount. The Shankaracharya of Puri warned that a time would come when the people of this country would not even like to spit on the politicians and factory owners who have ganged up to pollute the holy river. Some sadhus have started fast-unto-death to press their demand of a pollution-free Ganga. A few threatened self-immolation and created human chains along the riverside. They scored a partial victory when acting on a Public Interest Litigation (PIL) filed by the Mahant of Kabir Ashram Guruvachan Das, the Allahabad High Court directed the UP government to stop pollution of Ganga caused by the leather manufacturers in Kanpur and release water from the Narora barrage. However, Executive Secretary of Eco Friends Rakesh Jaiswal says that the present crisis of Ganga pollution is a direct fallout of the release of a cocktail of industrial effluents by units upstream of Kanpur. But, it seems, Ganga pollution has become synonymous with tannery waste. And hence the saints anger targeting the leather-making units and the subsequent Allahabad High Court order. He added that instead of taking action against the real culprits, the authorities are still groping in the dark.

The major Polluting industries on the Ganges River are the leather industries
The major polluting industries on the Ganges River are the leather industries, especially near Kanpur, which use large amounts of chromium and other chemicals, and much of it finds its way into the meager flow of the Ganga. Unfortunately, this is a boom time for leather processing in India, which many view as a form of eco-environmental dumping on the third world, and with the lax and lubricable implementation systems of the Uttar Pradesh government, it does not seem likely that this will go down. The world bank report 1992, which focussed on the environmental issues, mentions the dissolvedoxygen and riverborne decomposing material at two points on the Ganga.However, industry is not the only source of pollution. Sheer volume of waste estimated at nearly 1 billion litres per day - of mostly untreated raw sewage is a significant factor. Also, inadequate cremation procedures contributes to a large number of partially burnt or unburnt corpses floating down the Ganga, in addition to livestock corpses. The Ganga Action Plan has been set up under the Indian Government bureaucracy, and is attempting to build a number of waste treatment facilities, under Dutch and British support, and to collaborate with a number of voluntary organizations. Surprisingly, the Hindu political parties in India are not very active in the efforts to clean up the Ganga, and it is not very high in the general religious agenda.

The Holi Ganges River

The Ganges River (Ganga in Indian languages; Ganges is the Latin form) (Devanagari is the major river in northern India and Bangladesh. The river has a long history of

reverence in India and is often called the 'holy Ganga'. It originates as the Bhagirathi from the Gangotri Glacier in the Uttaranchal Himalayas and joins the Alaknanda near Deoprayag to form the Ganga. Then on, the Ganga flows across the large plains of North India (called the Gangetic Plains) and empties into the Bay of Bengal after dividing up into many distributaries. One of them is the Hoogli River near Kolkata, another major distributary being the Padma River that enters Bangladesh and merges with Jamuna River, a branch of the Brahmaputra River. Ganges river delta, Bangladesh and India The total length of the river is about 2,510 km (1,557 mi). One of the densest human population belts on earth is built around the Ganga. The region encompassing the delta near the Bay of Bengal coast is known as The Sundarbans (Beautiful Forests) a region of thick mangrove forests, and one of the major habitats of the Royal Bengal tiger. The Ganges Basin is incredibly fertile and, at present, about one in every 12 people in the world (8.5%) live in its catchment area. However, due to this incredible concentration of population, pollution and destruction of habitats is increasing at an alarming rate in the region. The Yamuna River a major river in its own right, and nearly as sacred is a tributary of the Ganga, and their confluence is near what is the site of the traditional holy Hindu city of Prayag, now known as Allahabad. Two species of dolphin can be found in the Ganges, the Ganges River Dolphin and the Irrawaddy Dolphin. The Ganges is also notable in that it contains a rare species of freshwater shark, Glyphis gangeticus about which little is known. The Ganga in Hinduism "Descent of the Ganga", Relief at Mahabalipuram The Ganga is personified in Hinduism as a goddess: Maa Ganga (Mother Ganga). Hindu legend makes her the foster-mother of Karttikeya, who was actually a son of Shiva and Parvati Several places sacred to Hindus lie along the banks of the river Ganga, including Haridwar and Varanasi. It is believed that taking a dip in the river will wash away one's sins, and that having one's ashes disposed of in the Ganga after death may improve one's next life or even allow Moksha to be attained sooner. Devout Hindus make pilgrimages to bathe in the Ganga and to meditate on its banks. According to mythological legend, Brahma collected the sweat of Vishnu's feet and created Ganga. Being touched by two members of the Trimurti, Ganga became very holy .

Prayer on the bank of Ganga at Haridwar

Hindus have long believed that the water of Ganga has a special purity. Studies conducted in 1983 on water samples taken from the right bank of the Ganga at Patna confirm that escheria coliform (E.Coli.), fecal streptococci and vibrio cholerae organisms die two to three times faster in Ganga than in water taken from the rivers Son and Gandak and from dug wells and tube wells in the same area. However, despite the natural resilience of the Ganga, the alarmingly high volume of pollution poses an ever increasing threat to the health and life of the river.

Early morning on the Ganges

Several years later, a king named Sagara magically acquired sixty thousand sons. One day, King Sagara performed a ritual of worship for the good of the kingdom. One of the integral parts of the ritual was a horse, which was stolen by the jealous Indra. Sagara sent all his sons all over the earth to search for the horse. They found it in the netherworld (or Underworld) next to a penitent sage Kapila. Believing that the sage had stolen the horse, they hurled insults at him and caused his penance to be disturbed. The sage

opened his eyes for the first time in several years, and looked at the sons of Sagara. With this glance, all sixty thousand were burnt to death. The souls of the sons of Sagara wandered as ghosts since their final rites had not been performed. When Bhagiratha, one of the descendants of Sagara, son of Dilip, learnt of this fate, he vowed to bring Ganga down to Earth so that her waters could cleanse their souls and release them to heaven. The largest religious gathering on Earth. Around 70 million Hindus from around the world participated in Kumbh Mela at one of the Hindu Holy city Prayaga (also known as Allahabad) on the banks of river Ganga. Bhagiratha prayed to Brahma that Ganga come down to Earth. Brahma agreed, and he ordered Ganga to go down to the Earth and then on to the nether regions so that the souls of Bhagiratha's ancestors would be able to go to heaven. The vain Ganga felt that this was insulting and decided to sweep the whole earth away as she fell from the heavens. Alarmed, Bhagiratha prayed to Shiva that he break up Ganga's descent. Ganga arrogantly fell on Shiva's head. But Shiva calmly trapped her in his hair and let her out in small streams. The touch of Shiva further sanctified Ganga. As Ganga travelled to the nether-worlds, she created a different stream to remain on Earth to help purify unfortunate souls there. Because of Bhagiratha's efforts Ganga descended on to earth and hence the river is also known as Bhagirathi, and the term "Bhagirath prayatna" is used to describe valiant efforts or difficult achievements. Another name that Ganga is known by is Jahnavi. Story has it that once Ganga came down to earth, on her way to Bhagiratha, her rushing waters created turbulence and destroyed the fields and the sadhana of a sage called Jahnu. He was angered by this and drank up all of Ganga's waters. Upon this, the Gods prayed to Jahnu to release Ganga so that she could proceed on her mission. Pleased with their prayers, Jahnu released Ganga (her waters) from his ears. Hence the name "Jahnavi" (daughter of Jahnu) for Ganga. It is sometime believed that the river will finally dry up at the end of Kali Yug (the era of darkness, the current era) just as with the vedic Saraswati river, and this era will end. Next in (cyclic) order will be the SatYug or the era of Truth.

Iconography of Ganga the Goddess

In the cannons of Indian art, Ganga is visualized as voluptuous and beautiful, carrying an overflowing pot in her hand. The vessel conveys the idea of abundant life and fertility, which nourishes and sustains the universe. The second distinguishing aspect of Ganga's iconography is her animal mount, which is often shown serving as a pedestal for her. This is the makara, a hybrid creature having the body of a crocodile and the tail of a fish. The makara in Hindu thought corresponds to the star sign of Capricorn in western astrology. The makara is also the vehicle of the Vedic god of waters, Varuna, thus establishing firmly Goddess Ganga's Vedic roots.

Recent Pollution
The Ganges collects large amounts of human pollutants as it flows through highly populous areas. These populous areas, and other people down stream, are then exposed to these potentially hazardous accumulations. While proposals have been made for remediating this condition so far no great progress has been achieved. The Ganga remains an economically important waterway and polluting it remains economically advantageous Clean Ganga Campaign directors In 1985 the Indian government under Prime Minister Rajiv Gandhi developed the Ganga Action Plan, a program designed to combat pollution of the Ganga. An ambitious fiveyear, $300 million dollar project, GAP attempted to solve the problem by installing dozens of sewage treatment facilities along the Ganga as well as forcing corporations

to police themselves with the threat of fines and litigation. For the first time research teams were assigned the task of monitoring coliform counts and BOD levels. After the first phase of GAP was complete, however, there was little evidence of its efficacy in cleaning up the river. Recent evidence suggests that, while slowed, the amount of sewage and pollutants has doubled since the institution of GAP policies. Various explanations abound as does regional speculation and apportionment of the blame for this failure. During the course of its existence leadership and staff of GAP have come and gone, often unfamiliar with the work done by previous groups. In many cases there was never follow-up funding given to maintain the treatment plants. As a result small problems often led to total inoperation of the plants. The bulk of the treatment facilities run on electricity, a dangerous dependency on a fickle power source; in many Indian cities it is not unusual for the power to go out several times a day. During monsoon seasons many of the plants become overwhelmed and municipalities are forced to shut them down. Citizens of northern India are quick to offer their opinion of why GAP has been doomed to failure. Mismanagement, corruption, and incompetence all rank high on the lists of editorials issued by the many communities that live along the river. Kelly Alley, an Anthropologist writing for Ethnology who conducted her field work in Banaras, found a popular exclamation of the confusion and frustration felt by the people of the city over Ganga issues. Sab kha gaye, or it was all eaten, meaning government officials pocketed most of the funding, was how many explained the dismal failure (Alley 1994: 136). Tensions have continued to mount as municipalities blame the individual for their use of soap, the disposal of dead animals, and unlawful defecation in and around the river. Challenges of hypocrisy fly, though, as scientists understand that it is the factories and government institutions that are responsible for the greater portion. In Varanasi, like many other cities along the Ganges, the absurdity of these government accusations can be seen as bathers spill detergents and soaps into the river, leaving a thin covering that masks the sewage main underneath discharging 250 million liters of raw sewage daily (Alley 1994: 135). In many circles a consensus has been reached. Any attempts to install waste removal systems or conservation programs throughout the last 200 years, locals agree, have failed to involve the immediate community they would effect. It is this critical lack of dialogue and education that has left the majority with a feeling of disempowerment and a resentment, even an opposition to these cleanup programs. Those with a true investment in the river, those who are intimately connected to the Ganga were never included in the planning. Government groups have adopted independent agency to do with the Ganga as they see fit, ignoring the population to whom the Ganga belongs, to whom the Ganga takes on greater significance than as just a water source and carrier of pollutants. Alley explains, "there is a conflict of cultural logic between the scientific view of pollution and the traditional belief in the Gangas purity." (Alley 1994: 127). The idea of pollution itself challenges the traditional understanding of the Ganga. Pollution has been the secular term used by government agencies when describing the state of the Ganga. Pollution is problematic in that it suggests to many a state of inherent impurity rather than the result of human action. A more popular term has been gandagi, which encompasses only the waste products themselves. Indians are loath to use the words of scientists and policy-makers which suggest that gandagi can exert its influence over Ganga. Many observe that "the Ganga can never be impure" and that the power of Ganga is that it can overcome gandagi, "carrying it away into the ocean" (Alley 1994: 130). Pollution suggests an abstraction that removes the human element of this process (Peavey 1995: 48). But blaming the river, or employing rhetoric that could suggest blaming the river is not culturally viable in the quest to clean up Ganga. Ganga is so much more than simply a river. Diana Eck, a religious scholar, cites the Ganga as the archetype of sacred waters. She writes, "The River Ganga is not confined to the course she takes across the plains of North India but participates in that spatial transposition which is so typical of Hindu sacred topography, pervading the sacred waters of all Indias great rivers." (Eck 1982: 167). The ritual and traditional understanding and usage of the Ganga is always differentiated in modern discussion from the potable needs of a citys water system. Gangas foremost function, it must be remembered, is

to provide absolution, not to quench thirst. Gangas purpose, in the traditional discourse, cannot be altered by humankind. Pollution control in India in the modern age is frequently seen as an imposition against Hinduism. Germ theory, fecal matter counts, the notion of ecological disaster, all these ideas are patently western. The first attempts by the British to bring sewage systems to India in the late 19th century were admittedly executed with the intention of ushering in scientific rationalism for the betterment of native life and their "savage conditions" (Alley 1994: 132). Ever since then sanitation programs have been divorced from the majority body, importing European and American specialists to diagnose and address the problem without educating or organizing the public to stand with these programs. In the eyes of many the Indian government has turned to secular solutions to what they perceive to be religious deficiency, the inability to recognize waste and deal with it in the context of the all-purifying Ganga. As a result opposition among the laity has fomented. Through all of the activity of the last fifteen years surrounding government policy and the Ganga the public has remained divorced from the proceedings. Individuals, while excluded from a democratic process, or an educational scheme, have been scapegoated by various programs. In 1987 the Environment Minister created a police force in Varanasi to prohibit defecation along the banks of the river, the spreading of debris and garbage, the dumping of animal carcasses in the river, and blocking the flow of river. In this way the local authorities were pitted against those who ideally would be integrated into these programs. This antipathy persists today. Only a year ago outraged residents cornered a city water engineer and forced him to stand for several hours in a pool of sewage to impress upon him the exigency of the situation (Stille 1998: 63). "With a clear understanding that their strategies would be contentious among residents and government officials, the Clean Ganga Campaign directors aimed to educate Benaras residents about the problems of river pollution in the idiom of sacred purity. They framed their instruction by emphasizing a concern for Ganga's eternal power and purity. But when proposing remedies for cleaning Ganga, they turned to secular solutions. For example, when initially developing programs to convey problems of sewage drainage and public waste to the public, the directors sought assistance from American colleagues who eventually established the "Friends of the Ganges" in the USA." (Alley 1994: 134) "The mahant is also convinced that science and religion have to mesh if the Ganges is to be saved. The Western approach, based on fear of a possible ecological disaster, will not work, he said. If you go to people who have a living relationship with Ganga and you say, Ganga is polluted, the water is dirty, they will say Stop saying that. Ganga is not polluted. You are abusing the river. But if you say Ganga is our mother. Come and see what is being thrown on the body of your mothersewage and filth. Should we tolerate sewage being smeared on the body of our mother? and you will get a very different reaction, and you can harness that energy." (Saville 1998: 67) This energy, the product of acknowledging Ganga as both Goddess and long-standing waste-removal system, is the last opportunity for effecting change on the river. Indias rapid growth rate indicates that it will soon be the most populous country in the world. Efforts to clean up the Ganga could, if successful, serve as a model of cultural and religious preservation as India strains under the weight of rapid development. Ganga Ma will continue to purify all. In return, hope many residents of Hardwar, Rishikesh, Allabad, and Varinasi, she can be accorded the dignity and respect due a living goddess. Surely a goddess that serves Indians without rest can expect such reciprocity. The master plan for the cities has been prepared by Japan International Cooperation Agency, a Japanese government institution, he informed Vidhan Sabha, replying to a question by BJP member Shyam Deo Roy Chowdhary on Monday. The 'Sewerage Master Plan' has been prepared as per population estimates in the four cities in 2030 and projections vis-a-vis capacity of main sewer lines, he said.

The organisation also prepared a feasibility report and identified works to be taken up on a priority basis, he added. Chowdhary said the cost of the works to be undertaken, as per preliminary estimates, was Rs 10,234 crore. The Centre would bear 85 per cent cost of the project in the form of grant while the State government would bear the rest, he said adding Japan's Bank For International Cooperation would provide loan for the purpose. The principal sources of pollution in the Ganga are domestic and industrial wastes. Conservative estimates put the effluents flowing into Ganga at approximately 1.7 billion litres each day out of which 1.4 billion litres is untreated. The Ganga basin is home to over 300 million people, out of which 20 million live in densely populated cities directly along it banks. Most of the urban centres lack proper sewage treatment facilities. 88% of the pollution originates in 27 cities located along the banks. While industrial pollution accounts for only about a quarter of the whole problem, it is by no means insignificant since most of it is concentrated in specific areas and the effluents are more hazardous. The state of Uttar Pradesh alone is responsible for over 50% of the pollutants entering the river along its entire journey to the sea. Domestic and industrial pollution, combined with deforestation, use of pesticides and fertilisers and other factors, have rendered the water of Ganga unfit for drinking or bathing. Upstream from Varanasi, one of the major pigrimage sites along the river, the water is comparatively pure, having a low Bio-Oxygen Demand (B.O.D.) and Fecal Coliform Count. However, once the river enters the city these levels rise alarmingly. Measurements taken at the city's various bathing ghats during a few years ago show that the average B.O.D of the water rises by over 1300 percent. The average Fecal Coliform Count at the ghats is over 6000 times what it is before the river enters the city. The Ganga Action Plan launched in 1986 by the Government of India has not achieved any success despite expenditure of over five billion rupees. Even though the government claims that the schemes under the Ganga Action Plan have been successful, actual measurements and scientific data tell a different story. The failure of the GAP is evident but corrective action is lacking..

Allahabad is a city in the Indian state of Uttar Pradesh.

The name, meaning "City of Allah", was given to the city by the Mughal Emperor Akbar in 1583. In Indian alphabets it is spelt "Ilhbd": "ilh" is Arabic for "god", and "-bd" is Persian for "place of". The modern city is on the site of the ancient holy city of Prayga (Sanskrit - "Place of Sacrifice" and is the spot where Brahma offered his first sacrifice after creating the world). It is one of four sites of the Kumbha Mela, the others being Haridwar, Ujjain and Nasik. It has a position of importance in the Hindu religion and mythology since it is situated at the confluence of the rivers Ganga, Yamuna, and the mythical Saraswati. Because solar events in Allahabad occur exactly 5 hours and 30 minutes ahead of Greenwich, the city is the reference point for Indian Standard Time, maintained by the city's observatory. The city has Motilal Nehru National Institute of technology [1] one of the excellent technical institutes in India. History When the Aryans first settled into what they termed the Aryavarta, or Madhydesha, their territory extended till Prayag. The Vatsa (a branch of the early Indo-Aryans) were rulers of Hastinapur, and they established the town of Kaushambi near present day Allahabad.

In the times of the Ramayana, the site of Allahabad was made up of a few Rishi's huts at the confluence of the three rivers. Lord Rama, the main protagonist in the Ramayana, spent some time here, at the Ashram of Sage Bharadwaj, before proceeding to nearby Chitrakoot. The city was known earlier as Prayaga - a name that is still commonly used. Akbar realized the strategic importance of the city, built a magnificent fort on the banks of the holy Sangam and re-christened it as Illahabad in 1575. In 1801 Nawab of Awadh ceded it to East India Company. In 1857, the city was a crucible of activity in the Indian Mutiny. The company officially handed over India to British Government in 1858 at Minto Park. Under the British rule, Allahabad was the capital of the United Provinces till the 1920s. It was a well-known centre of education (dating from the time of the Buddha), and in the first few decades of the 20th century, the Allahabad University had earned for itself the epithet of 'Oxford of the East'. It is also a major literary centre for Hindi, with many literateurs being connected to it in some way or the other. It holds the world record for the world's first letter delivered by airmail (from Allahabad to Naini, just a few km. across the river Yamuna) (1911). Allahabad was the birthplace of Jawaharlal Nehru, and the Nehru family estate, called the Anand Bhavan, is now a museum. It was also the birthplace of his daughter Indira Gandhi, and the home of Lal Bahadur Shastri, both later Prime Ministers of India. In addition Vishwanath Pratap Singh and Chandra Shekhar were also associated with Allahabad. Thus Allahabad has the distinction of being the home of several Prime Ministers in India's post-independence history. During the movement for independence, Allahabad was at the forefront of all political activities. Alfred Park in Allahabad was the site where, in 1931, the revolutionary Chandrashekhar Azad killed himself when surrounded by the British Police. Anand Bhavan, and an adjacent Nehru family home, Swaraj Bhavan, were the center of the political activities of the Indian National Congress, and a magnet for revolutionaries and student activists. The first seeds of the idea of Pakistan were also sown in Allahabad. In 1930, Allama Muhammad Iqbal (1877-1938) in his presidential address to the All-India Muslim League proposed a separate Muslim state for the Muslim majority regions of India. Geography It is located in the southern part of the state, at 2526 N. lat. and 8150 E, and stands at the confluence of the Ganga (Ganges), and Yamuna rivers. Allahabad falls in the Southern part of the Awadh region. To its west and south is the Bundelkhand region, while to its east is the Baghelkhand region. Allahabad stands at a strategic point both geographically and culturally. A part of the Ganga-Yamuna Doaba region, it is the last point of the Yamuna river and is the last frontier of the 'west' Indian culture. The Indian GMT longitude that is associated with Jabalpur, also passes through Allahabad, which is 343 km north of Jabalpur on the same longitude. Demography Allahabad City has a population of 1,050,000 as per the 2001 census with about 580,000 males and 470,000 females. It lists as the 32nd most populous city in India. Allahabad has an area of about 65 km and is 98 m above sea level. Languages spoken in and around Allahabad include Hindi, English, Urdu and some Bengali and Punjabi. The dialect of Hindi spoken in Allahabad is Awadhi. All major religions are practiced in Allahabad. Climate Allahabad experiences all four seasons. The summer season is from April to June with the maximum temperatures ranging between 40 to 45 C. Monsoon begins in early July and lasts till September. The winter season falls in the months of December, January and February. Temperatures in the cold weather could drop to freezing with maximum

at almost 12 to 14 C. Allahabad also witnesses severe fog in January resulting in massive traffic and travel delays. It does not snow in Allahabad. Lowest temperature recorded 2 C; highest, 48 C. [2]

Kumbha and Magh Mela

The largest religious gathering on Earth. Around 70 million people from around the world participated in Kumbh Mela at one of the Hindu Holy city Prayaga (also known as Allahabad) (India). The word 'Mela' is fair in Hindi. Except the years of the Kumbha Mela and the Ardha Kumbha Mela (Ardha is half in Hindi, hence the Ardha Kumbha Mela is held every 6th year), the Magh Mela takes place every year in the month of Magh (Jan - Feb) of the Hindu calendar. Kumbh Mela (the Urn Festival) occurs four times every twelve years and rotates between four locations: Prayag (Allahabad), Haridwar, Ujjain and Nashik. In Allahabad, these fairs take place at the Sangam (confluence) of the Yamuna and the Ganges River which is holy in Hinduism. In the Kumbha Mela of 2001, which was called the Maha (great) Kumbha Mela because of an alignment of the Sun, Moon, and Jupiter that occurred only every 144 years, almost 75 million people visited the banks of the river to take part in the festivals. During the Melas, an entire township is built on the river's banks, with functioning hospitals, fire stations, police stations, restaurants and other facilities. Literary Past Perhaps Allahabad is most famous for the literary geniuses it has produced. Most of the famous writers in Hindi literature had a connection with the city. Notable amongst them were Mahadevi Varma, Sumitranandan Pant, Suryakant Tripathi 'Nirala', Upendra Nath 'Ashk' and Harivansh Rai Bachchan. Another noteworthy poet was Raghupati Sahay who was more famous by the name of Firaq Gorakhpuri. Firaq was an outstanding literary critic and one of major Urdu poets of the last century. Both Firaq and Bachchan were professors of English at Allahabad University. Firaq Gorakhpuri and Mahadevi Varma were awarded the Jnanpith Award, the highest literary honour conferred in the Republic of India in 1969 an 1982 respectively. The famous english author and Nobel Laureate (1907) Rudyard Kipling also spent time at Allahabad working for ThePioneer as an assistant editor and overseas correspondent. Sports and Recreation Allahabad is well known for its sporting activities in the fields of Cricket, Badminton, Tennis and Gymnastics. There are several sports complexes that can be used by both amateurs and professionals. These include the Madan Mohan Malaviya Cricket stadium, Mayo Hall Sports Complex and the Boys' High School & College Gymnasium. There are several swimming facilities throughout the city as well. Allahabad has a prominent place in Indian Gymnastics. It is the leading team in SAARC and Asian countries. Passenger transportation Air: Allahabad is served by the Bamrauli airport (airport code IXD) and is linked to Delhi and Kolkata by Air Sahara. Other airports in the vicinity are Varanasi (147 km) and Lucknow (210 km). Road: National Highway 2 runs through the center of the city. Allahabad is located in between Delhi and Kolkata on this highway. Another highway that links Allahabad is National Highway 27 that is 93 km long and starts at Allahabad and ends at Mangawan in Madhya Pradesh. There are other highways that link Allahabad to all parts of the country. Allahabad also has three bus stations catering to different routes - at Zero Road, Leader Road and Civil Lines. Tourist taxis, auto-rickshaws and tempos are available for local transport. There is also a local bus service that connects various parts of the city. But the cheapest and most

efficient method of local transport is the cycle rickshaw. Rates are not fixed and one needs to bargain. Train: Served by Indian Railway.Allahabad is the headquarters of the North Central Railways Zone, and is well connected by trains with all major cities, namely, Kolkata, Delhi, Mumbai, Jaipur, Lucknow and Hyderabad. Allahabad has four railway stations Prayag Station, City Station (Rambagh), Daraganj Station and Allahabad Junction (the Main station) CPCB steps in to check Ganga pollution NEW DELHI FEB. 21. The Central Pollution Control Board (CPCB) has voiced its concern over pollution in the Ganga. Taking a cue from the `sadhus' who recently refused to take the traditional holy dip at the Sangam (the confluence of the Ganga, the Jamuna and the mythical Saraswati), the CPCB has now directed the Pollution Control Boards of Uttar Pradesh and Uttaranchal to monitor pollution levels in the Ganga and its tributaries on a weekly basis. In the directive, signed by the CPCB Chairman, the State boards have been asked to file their first compliance report within a fortnight. They have also been asked to ensure that effluents from industries located along the Ganga and its tributaries were not discharged into it during the non-monsoon months. In the rainy season, the effluents could be discharged but only if they complied with the prescribed norms. The directive was sent after the CPCB and the two State boards conducted a detailed survey and monitored the quality of water along the two major tributaries of the Ganga Kali and Ramganga between February 2 and 5, which showed that municipalities and industries continued to discharge untreated or partially-treated effluents and sewage. Another joint survey and monitoring conducted in an around Kanpur on January 28 and 29 yielded a similar result. A public interest litigation petition has been filed in the Allahabad High Court seeking a mandamus directing the authorities to take urgent steps to check pollution. The District Magistrates of Allahabad and Kanpur, the Uttar Pradesh PCB, the State Chief Secretary and the Secretary to the Urban Development Department have been named in the petition filed by Guru Bachchan Das, mahant of Kabir Ashram at Allahabad. Religious leaders have alleged that only 50 per cent of the industries had adopted the necessary measures required under the Ganga Action Plan, initiated 15 years ago.

People performing Hindu ceremony in Varanasi.

The major polluting industries on the Ganges River are the leather industries, especially near Kanpur, which use large amounts of chromium and other chemicals, and much of it finds its way into the meager flow of the Ganga. Unfortunately, this is a boom time for leather processing in India, which many view as a form of eco-environmental dumping on the third world, and with the lax and lubricable implementation systems of the Uttar Pradesh government, it does not seem likely that this will go down. The world bank report 1992, which focussed on the environmental issues, mentions the dissolvedoxygen and riverborne decomposing material at two points on the Ganga. However, industry is not the only source of pollution. Sheer volume of waste estimated at nearly 1 billion litres per day - of mostly untreated raw sewage is a significant factor. Also, inadequate cremation procedures contributes to a large number of partially burnt or unburnt corpses floating down the Ganga, in addition to livestock corpses. The Ganga Action Plan has been set up under the Indian Government bureaucracy, and is attempting to build a number of waste treatment facilities, under Dutch and British support, and to collaborate with a number of voluntary organizations. Surprisingly, the Hindu political parties in India are not very active in the efforts to clean up the Ganga, and it is not very high in the general religious agenda. India's government has already spent over $33 million to address the overwhelming sewage problem. However, things

are looking better at the beginning of 2006, as satellite images show increased water clarity in the river. The Ganges collects large amounts of human [[pollution|pollutants]] as it flows through highly populous areas. These populous areas, and other people down stream, are then exposed to these potentially hazardous accumulations. While proposals have been made for remediating this condition so far no great progress has been achieved. The Ganga remains an economically important waterway and polluting it remains economically advantageous[[Image:Ganges_ceremony.jpg|thumb|230px|right|People performing Hindu ceremony in [[Varanasi]].]] The major [[pollution|polluting]] [[industries]] on the [[Ganges River]] are the [[leather]] industries, especially near [[Kanpur]], which use large amounts of [[chromium]] and other [[chemical]]s, and much of it finds its way into the meager flow of the Ganga. Unfortunately, this is a boom time for leather processing in [[India]], which many view as a form of eco-environmental dumping on the third world, and with the lax and lubricable implementation systems of the [[Uttar Pradesh]] government, it does not seem likely that this will go down. The world bank report 1992, which focussed on the environmental issues, mentions the dissolved-oxygen and riverborne decomposing material at two points on the Ganga. However, industry is not the only source of pollution. Sheer volume of waste — estimated at nearly 1 billion litres per day - of mostly untreated raw [[sewage]] — is a significant factor. Also, inadequate cremation procedures contributes to a large number of partially burnt or unburnt corpses floating down the Ganga, in addition to [[livestock]] corpses. The Ganga Action Plan has been set up under the Indian Government bureaucracy, and is attempting to build a number of waste treatment facilities, under [[Netherlands| Dutch]] and [[United Kingdom|British]] support, and to collaborate with a number of voluntary organizations. Surprisingly, the [[Hindu]] political parties in India are not very active in the efforts to clean up the Ganga, and it is not very high in the general religious agenda. India's government has already spent over $33 million to address the overwhelming sewage problem. However, things are looking better at the beginning of 2006, as satellite images show increased water clarity in the river.

Ganges Canal
Ganges Canal was dug from Haridwar to Kanpur in later half of 19th century and a very wide network of small tributary canals were constructed from the main canal to act as source of irrigation in the fertile plains of Western Uttar Pradesh. University of Roorkee was established at Roorkee to train Civil Engineers who could oversee the construction of this canal. This canal is still supplying water to thousands of villages in western uttar pradesh and water of Ganga, flowing in this canal, is in true sense the life line of western Uttar Pradesh an area which played a central role in the Green revolution of India and water of Ganga played a vital role in this endeavor. NEW DELHI: The Parliamentary Public Accounts Committee (PAC) has asked the Union Environment and Forests Ministry to furnish all details regarding delay in the implementation of the Ganga Action Plan (GAP). In its 26th report, on the `action taken' by the Government on their observations relating to the Ganga Action Plan, the PAC has said that it was not convinced by the arguments put forth by the Ministry that the delay in GAP-1 was due to the lack of experience of the State agencies, delay in land acquisition, litigations and court cases, contractual disputes and diversion of funds. These reasons are not such that they could not have been anticipated and tackled promptly and timely, the report has said. As regards GAP-II, the Committee said that the Ministry had furnished the updated position regarding implementation of schemes in Bihar only. The Committee had expected the Ministry to furnish a comprehensive State-wise reply giving reasons for the overall delay in GAP-II with an objective analysis of the shortcomings of the implementing agencies. The Committee is also distressed to note that instead of furnishing plausible explanation for financial mismanagement, the Ministry has merely forwarded the State

Government's reply which also seemed unconvincing as it did not address the issues of diversion of funds, incorrect reporting, parking of funds and unutilised funds. The panel has directed the Environment Ministry to take suitable remedial steps and fix responsibility in order to avoid recurrence of such incidents. The Parliamentary panel has also found no reason for the Ministry's reluctance in accepting that the pollution level in the Ganga is by far the biggest contributor in spreading water- borne diseases among those residing on its banks. It said that the Ministry had tried to divert the attention from the core issue of the need for efficient and coordinated working of different agencies related to the GAP.

December 1992
Ganga Ecology Getting Better After 8-year Effort Treatment Plants and Turtles Lessen Pollution Five thousand years ago the Ganga was not the river of choice in India. The Saraswati was the river, plentifully extolled in the Vedas, whereas the Ganga is mentioned only once. But due to climatic and geological changes the Saraswati river gradually dried up to a stream, then disappeared. The Ganga assumed preeminent sacred stature and the lore of its water's purifying and healing powers waterfalled through Hindu history. The high country Ganga deep in the granite folds of the Himalayas still runs with its emerald color of purity and cleanliness. But down in the factory-laden and urbanized plains the Ganga runs brownish pea-green with silt and pollution: sewage, industrial waste and corpses. To tackle the pollution, experts are farming giant snapping turtles to eat corpses, building massive sewage treatment plants and sewage diversion systems, and getting tough with polluting businesses. Prime Minister Rajiv Gandhi brewed up the Ganges Action Plan in 1986, pouring US$ 140 million into one of the most demanding river-cleanup projects undertaken in the world. The goal is to make the river's 1,568-mile length visually and chemically clean enough for fearless sacred bathing and other nonpolluting river activity. Standing on the shore of year 1993, many sewage treatment plants are operational, and the Ganga Directorate claims a significant reduction in the river's bacterial count. By 1994 there are supposed to be 35 plants. It is an urgent endeavor. By the year 2028 India's population is expected 10 have doubled, putting enormous pressure on the waterways. Taking a dip at the ghats edging the Ganga at Banares - Hinduism's most sacred and oldest city - Dr. Veer Bhadra Mishra jokes that he hasn't been chomped into by a snapping turtle yet, possibly mistaking his still alive legs for a cadaver. Mishra, a professor of hydrologic engineering at Banares Hindu University and a priest at one of Benares' temples, performs his daily ablution in the Ganga dutifully, but not without squirming a bit at the river's foulness. Two of his disciples wade into the water before him, attempting to clear away foam and debris. He doesn't drink the water. He loves the Ganga dearly, believes in its sanctity, but is also equally committed to its salvation from toxic Hades, Mishra - who received the UNEP's Global 500 award for environmental service - has started his own cleanup-the-cleanup campaign. He disputes the Ganga Directorate's figures of the river project's first-phase purity, and is demanding a new system of pollution evaluation. Using his own water quality measurements along the 5-mile stretch of bathing ghats at Banares, Mishra gets figures of biochemical oxygen demand (a toxicity scale) that are twice that of the governments. He also urged the government to adopt a bacterial count measurement. Mishra notes that people bathing in the river add to its bacterial count. In an unwitting irony he says. "People should take showers before they bathe in the Ganga for spiritual purification." North of Banares is another concern of Mishra's: new housing developments. Despite policing of the Ganga shoreline through Banares, dumping of waste still gushes in huge quantities. Banares is a city of 1 million with 1 million pilgrims bustling in each year. Of 655 million gallons of waste water produced every day, only 436 million gallons are treated. But not all of Banares' citizens or pilgrims are worried about pollution. C.L. Pandey, a priest at the Kashi Vishvanath Temple, says a dip in the Ganga "gets rid of illness and infection. Even the breeze from the Ganga washes sins away." But Pandey does admit the river is dirty. And one last bit of newer technology - electric crematoriums - is helping to reduce the

half-burnt corpse problem. They do a complete job of burning, cost 10% of the woodfueled pyre and are becoming extremely popular despite fears they would be ignored. NINJA Turtles Are there Teenage Mutant Ninja Turtles swashbuckling in the Ganga river or Banares sewers? Or did the Ganga pollution turn turtles into mutant ninjas? Anybody who's seen the movie and seen giant snapping turtles swimming around Banares is going to say, "Cawabunga." In one of the most snappy and controversial efforts to rid the Ganga of partially cremated bodies (or whole bodies illegally dumped up stream, thousands of 3-foot long snapping turtles have been bred to devour the problem. Out of the original US$ 140 million allocated for Ganga cleanup. US$ 32 million alone have gone into turtle farms outside Banares. There are about 20,000 to 30,000 bodies cremated in Banares every year and thousands more float in from up river. Since 1990, 24,000 turtles have been released. The assistant manager of the farm says they are raised on a diet of dead fish from infancy, conditioning them to go for rotten flesh in the river, but not for living bodies. When people bring a body in a bag, the turtles charge up to the shore and sometimes drag the bag off. No bitings have been reported. But there are still corpses daily floating on by.

From Ganga Perrier to a New Super Water

Drinking from the down river Ganga is risky business. But up at its glacial source in the Himalayas it is sparkling enough to be bottled and sold as a Hindu Perrier or Polagrino mineral water. It is. Under the Gangotri label Ganga water is bottled in plastic at 8,500 feet, just down from the Gangotri gorges. It claims to be the best mineral water in the world, and says right on the label that "consistent use cures several diseases." The water is even distributed in the US, but it's doubtful you can order it at the Four Seasons in New York City. While some Hindu scientists are combating Ganga pollution, others are examining the river's baffling antiseptic properties. At the Malaria Research Center in New Delhi the Ganga water from its upper reaches didn't host mosquito breeding, and prevented breeding in any water it was added to. Water from other sacred rivers was soon filmed over with mosquito eggs. Other research demonstrated that cholera germs die within hours of immersion in Ganga water. The Ganga water has an extraordinarily high rate of oxygen retention, allowing it to remain fresh during long storage periods. Other studies indicate that pathological bacteria do not fare well in Ganga water. Some scientists conjecture this is due to naturally radioactive minerals present in the water, and organisms that kill germs.

Report of the Workshop on Role of local government in making Ganga pollution free

Eco Friends organized a one-day workshop for the corporators and government officials of the local government (KNN) on March 22 at Massacre ghat, Kanpur. The workshop was intentionally organised on the banks of the river so that the participants themselves could see the pathos of Ganga in Kanpur. The objective of the workshop was to educate, aware and sensitise the officials of the local government about their duties and responsibilities towards making the Ganga pollution free. We wrote letters to them, met them personally and made repeated phone calls. Even the City Commissioner wrote to them on our behalf to participate in the workshop. Despite our best efforts, we could mobilise only 40 corporators to participate in the workshop, though we had assurances from almost all the corporators (therere 110 elected and 10 nominated). Besides corporators, wed Mr. V. K. Shukla from Central Pollution Control Board, Dr. Binayak Rath from Indian Institute of Technology, Kanpur, Ms. Suchitra Singh, President of Rotary Club of Kanpur Greater, and Mr. S. P. Mishra, City Commissioner, Kanpur and other eminent citizens in the workshop. Representatives from State Pollution Control Board, Ganga Pollution Control Unit, UP Jal Nigam (GAP Executing agency), and Project Planning and Coordination Unit (GAP

Monitoring agency) did not turn up at the workshop. Kanpur Mayor Anil Sharma inaugurated the workshop. 40 corporators including 7 women corporators of different political parties and others attending the workshop were shocked to learn that approximately Rs.150 crore had been spent to make Ganga pollution free in Kanpur alone. They did not have much idea about the Ganga Action Plan and the works carried out under GAP. Mayor Anil Sharma was happy that the workshop was organised on the banks of the river. He appreciated the efforts of Eco Friends to raise the issue of Ganga pollution through various forums. Mr. Sharma explained the problems of Ganga pollution and suggested measures to overcome these problems. He emphasized on the role of students in spreading awareness amongst the people, especially their parents. He said that more and more programs should be organised to educate, aware and sensitise students towards environmental issues. He suggested that students from different schools should be called from time to time to various ghats, especially during religious occasions to make the people aware about the condition of Ganga. This will have a psychological effect, he added. He also said that common man will have to come forward to discuss and improve the condition of the Ganga or soon a day will come when there will be no Ganga and no drinking water. He also spoke about the polluting social practices like dumping of dead bodies and worship materials in the river. Rakesh K. Jaiswal, Executive Secretary of Eco Friends informed the members that the aquatic life in the river had nearly gone dead as the river water was almost devoid of the dissolved oxygen content in the Kanpur stretch. The river was spreading various kinds of diseases and it was not safe to take a dip in it. He also added that the minimum flow in the river was not being maintained which had resulted into a decreased potential of the river to dilute the pollutants and depleted quantity of the raw water available for Kanpur. Mr. Jaiswal made the corporators aware of the purpose of the workshop and informed the corporators about their rights and duties which had been conferred on them by the 74th Constitution Amendment. He explained the status of Ganga and GAP at Kanpur and how GAP had failed miserably in its objectives. He said, GAP is neither Ganga friendly nor peoples friendly. He appealed to the Mayor and corporators to raise the issue of the minimum flow with the State and Central government. Mr P N Rai, corporator of ward 40 and Ex. Deputy Mayor said, we are mainly responsible for the pollution of Ganga and therefore, it is our responsibility to make Ganga pollution free. The pollution of Ganga is nothing but the pollution of mind. He said that Ganga should be cleaned on monthly basis. He also lamented the fact that corruption was rife in the government machinery as a result of which most schemes were falling flat. Kamal Shukla Baby, corporator of ward 25, believes that unless government takes strict action against the polluters, Ganga cannot be cleaned. He added that anyone found to be polluting Ganga by floating dead bodies, worship material etc should be penalized. He said that it was useless to think that Kanpur Nagar Nigam could help in any way to clean the Ganga as it was unable to pay even salaries to its employees. He promised to help Eco Friends in its efforts to stop the practice of dead body dumping into Ganga. He suggested that the unclaimed bodies should be taken directly to electric crematoria and each corporator should pay Rs 21,000 from his/her fund towards this. He also promised to raise the issue of Ganga pollution in the meetings of KNN. He said that the corporators would try to get the resolution passed by KNN that every month on a particular date KNN sweepers would clean the entire stretch of Ganga in Kanpur. Corporator Manju Shukla of ward 14 blamed tanneries for the Ganga pollution in Kanpur. She demanded strict action against tanneries, which were not treating their waste properly. She also blamed Pollution Control Board for being lenient towards the tanneries. Sudha Singh of Ward No 30 stated that Ganga Action Plan (GAP) was eyewash in which millions of rupees had gone down the drain. "The people are responsible for the rampant corruption and the filthy Ganga. She was of the opinion that if people raised their voice against the corruption, things could change. She demanded that the GAP corruption should be made public.

Sushma Awasthi of ward 83 commented sarcastically on the government slogans of India shining and feel good, Ganga is feeling bad and not shining at all. V K Shukla, Scientist, CPCB informed the participants about the sources, and types of pollution in Ganga and their impacts on the river ecology and peoples health. He cleared the doubt of some corporators about the upstream pollution in Ganga. Paper and pulp industry, sugar factories and distilleries in the upstream sometimes release their effluent in the river which leads to change in colour of the Ganga waters. He informed that CPCB was regularly monitoring the quality of Ganga water and also the colour change. He added that the coloured water of the Ganga was not harmful for the human health. Mr. Shukla commented that Kanpur Nagar Nigam had never agitated or protested against the pollution of river Ganga. He also complained about the inefficiency of KNN in regard with solid waste management in Kanpur. He said that KNN had failed to lift even 50 % of the waste generated in Kanpur and that was the reason why Kanpur streets remained dirty most of the time. At the end he said, Ganga is our most precious heritage and we should not loose it at any cost, Lets wake up to the cause. Dr Binayak Rath from IIT and a member of Citizens Monitoring Committee talked about the quantity of water in Ganga. He demanded that the river diversion issues should be discussed and the minimum flow must be maintained in the river. The workshop ended on a positive note that Ganga could be cleaned if honest and sincere efforts would be made. The participants agreed to raise and discuss the issue of Ganga pollution in the assembly and regularly monitor the status of Ganga and Ganga Action Plan. After the discussion the corporators along with the Mayor took a boat ride to inspect the status of Ganga. The workshop concluded with the distribution of mementoes and Ganga Aarti.

Summary written by Rakesh Jaiswal, petitioner

Several years ago, Eco-Friends started accusing police officers of dumping uncremated corpses in the river. The police are responsible for cremating unclaimed bodies and are supposed to get the cremation done at the local electric crematorium. A small fee to cover the cost of electrical cremation is paid out of Police monies. In 1997, Eco-Friends alleged in a court petition that police officers were pocketing the money allocated for cremation and throwing the corpses off the bridge. To a justice of the High Court of Allahabad in 1997, the President of Eco-Friends wrote: Hon'ble Sir, Almost after a fortnight since we cleaned river Ganges of Kanpur by removing 127 deadbodies (117 human and 10 animal carcasses), more than 100 dead bodies could be counted in the same stretch of the river. Hon'ble Supreme Court had defined the duties of Kanpur Municipality in 1988 (Ganga Case II). It is the duty of Kanpur Nagar Nigam to ensure that no dead-bodies are thrown into Ganga, but KNN [Kanpur Nagar Nigam] seems to be in a slumber. Our efforts have failed to awaken the government machinery, be it police department (biggest culprit), KNN or Pollution Control Boards (State and Central). Instead, a strange rivalry is going on between Eco-Friends and police department. We're removing the pollutants and police personnel are all out to thwart our efforts and other concerned departments are looking the other way. Sir, please you do something. The Justice to whom this letter was addressed treated it as a writ petition for a public interest litigation and ordered that several respondents be issued notices. The Justice in effect identified a wide range of the accused by broadening the reading of the letter. By doing so, the Justice contributed to a small but substantial trend within Indian jurisprudence in which Justices are taking the initiative to broaden the scope of public interest cases. As the Justices in the Ganga Pollution cases had done, this Judge was admitting a letter petition from an ordinary citizen and expanding the notion of "locus standi." This is known in legal terms as epistolary

jurisdiction. Rejecting the assumption of personal stake or injury in the traditional doctrine of standing, the High Court justice allowed this citizen to stand for the public good and argue a case. He was allowing this particular citizen to seek judicial redress under Article 32 or 226 of the Constitution for a legal wrong or a legal injury caused to a person or to a determinate class of persons who, for one reason or another, were unable to approach the court for relief. The expansion of the notion of citizen standing has provided opportunities for concerned citizens and groups to take cases of environmental degradation and injury to the courts. In his memo to the court clerk, the Justice wrote:

Order July 4, 1997

This letter from Sri Rakesh Jaiswal is treated as a writ petition by way of public interest litigation as it involves not only pollution of river Ganges but also of the entire atmosphere at Kanpur. It is further obvious that this position may not only be true for Kanpur but may be equally true as regards the other places wherever there is a city falling on the banks of river Ganges. Accordingly, let the notice be issued to State of U.P., respondent no. 1, State Pollution Control Board, U.P. Lucknow as respondent no. 2, Central Pollution Control Board, Delhi as respondent no. 3 and the concerned authority of Ganga Action Plan as respondent no. 4. The notices shall also be issued to Director General of Police, U.P. Lucknow treating him to be respondent no. 5 as the letter under reference states that even when eco-friendly people or society try to clean Ganga by taking out the dead bodies and carcasses the police, instead of appreciating them, thwart their efforts. At this stage, notice is not being issued to the municipal authority as it may not be a matter concerning only one Municipal Corporation but may involve Municipal bodies throughout the state or even outside this state. This kind of explicit advocacy on the part of the Justice is not uncommon in India, though the number of Judges practicing this kind of activism in environmental cases is still small. Articles 32 and 226 of the Constitution allow a citizen to stand for the public interest and file a case in the nature of mandamus. These provisions are openings within the law for resistance to a hegemonic structure. They are what have made the Ganga Pollution Cases and many other landmark environmental cases possible and successful. But as a Judge in the High Court of Karnataka writes, this advocacy, though initiated by the petitioner, must ultimately woo a Justices activism for any concerted public interest litigation to proceed. The Justice reading the Eco-Friends petition was aware of the precedents set in the Ganga Pollution Cases, and seems to have written his court memo to parallel the strategy taken in that Supreme Court case. By broadening the reading of the original writ, he drew in a range of stakeholders whose special interests resided not only in Kanpur but in other riparian cities along the stretch of the river. Curiously however, the Justice appointed a local Muslim advocate to act as amicus curiae for Eco-Friends. This individual was a High Court advocate with no prior experience with environmental cases or public interest litigation.

In the High Court of Judicature at Allahabad

Date Allahabad the 22 of October 1997 Present The Hon'ble Giridhar Malaviva,...... The Hon'ble B.K. Sharha,............... Civil Misc. Writ Petition No. 21552 of 1997 Rakesh Kumar Jaiswal...................Petitioner

A tough legal battle The PIL faced a tough bureaucracy from dozens of departments. Notices were served to UP Govt., Director General of Police (UP), Urban Development Department (All Municipalities, Development Authorities and Water Works in UP), UP State Electricity Board, UP Jal Nigam, UP Pollution Control Board, Central Pollution Control Board, National River Conservation Directorate (Ministry of Environment & Forests) and others. There was a strong effort and lobby to mislead the court with false facts and figures. After a prolonged battle with affidavits and counter affidavits, the court saw the truth after which a series of important orders were delivered by the court.

Some important orders passed by the High Court

The orders included the recent closure of many industries, namely 150 tanneries in Kanpur, 40 Saree printing units in Varanasi, 10 carpet dyeing units in Mirzapur etc. that did not have Primary Effluent Treatment Plants (PETP), 7 stone crushers at Hardwar, the formation of the river police in 22 towns of UP along river Ganga to ensure that no dead bodies and other pollutants are thrown into the river and prevent defecation on the banks, uninterrupted power supply to all assets like waste treatment plants, pumping stations, crematoria etc. created under Ganga Action Plan phase-I, cleaning of the Lower Ganga Canal System which is the raw water source for Kanpur (having capacity of 5.5 mld ), removal of 5000 truck-loads of chrome laden toxic tannery sludge from Jajmau area and to ensure its safe disposal, removal of illegal settlements on various ghats (river banks of Hardwar and Rishikesh towns). The court also ordered to form a " Ganga Fund" in order to promote public participation and contribution. In its past orders the court made Garhwal Mandal Vikas Nigam (GMVN) party to this case. The GMVN is the premier body for the development and tourism work in the Garhwal Himalaya. This order came following a newspaper report that Gangotri Glacier (source of the Ganga river) is shrinking fast and Ganga is polluted right from the source at Gaumukh. The court has also ordered the UP Pollution Control Board to do a monthly monitoring of river water quality from the user's point of view unlike the previous method of sampling water from the centre of the river. Thus, an effort to improve the quality of water at bathing ghats and intake points has been undertaken to ensure the safety of the users and communities living along the banks and for all those directly or indirectly dependent on river water. The court has nominated a team of auditors with Sameer Gupta as leader (all senior Retd. Officers of Indian Audit & Accounts Services) to make an investigation as to how the money under the Ganga Action Plan Phase-I was spent. The audit team has already submitted its first report to the court. Honble High Court vide its order dated: May 5-1998 had formed a High powered committee under the Chairmanship of Chief Secretary of the UP Govt. in order to ensure compliance of various orders passed by this court and on suggestions given by the petitioner from time to time. The high powered committee meets every fortnight in which 10 principal secretaries of various departments, Commissioners of various Divisions, District Magistrates of various towns and other top officials of UP Pollution Control Board, UP Jal Nigam, and representatives of Central Govt. participate. Ecofriends studies the report to verify the claims of the compliance report. We are also requesting the court to declare 200 metre of area on both sides of the banks as a No Development Zone and the same be transferred to the forest department for afforestation and the involvement of the affected communities for carrying out the afforestation. In fact. We are proposing that in the entire Ganga cleaning programme, wherever manual

labour is required, the affected communities and displaced people should be accorded priority in providing employment. We are also requesting the court to direct the Govt to evolve some policy regarding urbanisation and industrialisation of Ganga. We want that no more virgin land of Ganga (Flood plain/ River bed) should be colonised for further urban sprawl or industrial use. We also want the court to issue the direction to the Govt. to form a Ganga Vahini (Task Force) involving those communities which are directly related with Ganga and are dependent on Ganga for their livelihood. Results obtained so far The intake point until a couple of months ago received five huge drains of waste water including one from a TB hospital. Following the court orders, the Govt. claims that all drains have now been tapped and diverted, yet it is felt that the tapping is not absolutely affected. However, there is a discernible reduction of effluent discharge over the past two months. The BOD has fallen to 4 mg/l from 9 mg/l (UP Pollution Control Board ). Eco-friends constant vigil and policing has ensured that no dead bodies are thrown into the river and people do not defecate on the banks and also throw the trash into the river. From the 100 dead bodies in the Ganga river of Kanpur stretch on any given day last year, the number has drastically fallen down to less than 10. This is a visible indicator of the success of Ecofriends. All industries of Kanpur, Banaras, Mirzapur and other towns that discharge polluting effluents and do not have PETP have been closed and are being reopened only after installation of PETP. Installation of PETP had been made mandatory by the Supreme Court in 1985 but the order was not complied with even after 13 years. However, as a result of this PIL, the defaulters have been brought to task. The UP State Electricity Board has been ordered to provide uninterrupted power supply to GAP assets. Efforts are being made to ensure uninterrupted power supply to all the assets of GAP. On an average, Kanpur city faces power cuts of 8 hours per day. With that almost one third of the sewage and effluents were being discharged untreated everyday in the river. Efforts are also being made to ensure safe disposal of toxic tannery sludge which was lying in the open, thus posing health hazard and also contaminating the ground water. By the Court:

22 October 1997 Hon. Giridhar Malaviya, J. Hon. B. K. Shara, J.

Perused the application moved by Sri S.M.S. Kazmi, learned Amicus Curie appointed by the Court as also heard him and Dr. H.N. Tripathi and Sri A.K. Tripathi, learned cousel for the Pollution Control Board as also learned Additional Government Advocate respectively. After hearing the learned counsel for the parties, we direct the following to appear before this court on 22 November 1997 at 10am so that the court, in consultation with them, may formulate a scheme that will implement the scheme to make Ganga Pollution Free. Accordingly, learned counsel representing the parties shall inform the persons mentioned hereinafter, if they are representing them, failing which Sri Kazmi is authorised to send the copy of this order along with his letter to the persons mentioned hero in after for their appearence before this court on 20 November 1997;

(1) D.I.G. Human Rights, as the representative of the Director General of Police, U.P. (2) Any Senior Officer as a representative of S.S.P. Kanpur or the S.S.P. Kanpur himself. (3) Any senior officer representing Mayor, Kanpur Nagar, Kanpur or the Mayor herself. (4) Any senior officer representing Mayor Allahabad or Mayor Allahabad herself. (5) Any senior officer representing Mayor Nagar Nigam, Varanasi, or Mayor Varanasi herself. (6) Officer Incharge of the Ganga Pollution Control Until, U.P. Jal Nigam, Allahabad. (7) Officer Incharge of the Ganga Pollution Control Unit, U.P. Jal Nigam, Sardar Nagar, Kanpur. (8) Officer Incharge of the Ganga Pollution Control Unit, U.P. Jal Nigam, Varanasi. (9) Regional Director, National River Conservation Directorate, Rajapur, Allahabad. (10) Project Director, National River Conservation New Delhi. (11) Representative of Chairman, Central Pollution Control Board or himself. (12) Members secretary U.P. Pollution Control Board Lucknow representing the Chairman of the U.P. Pollution Control Board Inc know or the Chairman himself. 12 copies of this order shall be furnished to Sri S.M.A. Kazmi, learned Amicus Curie within 24 hours who shall hand over such copies to Dr H.N. Tripathi or Sri A.K. Tripathi as they demanded to be served on the officials who can be served by them. List this petition as a first case on the supplementary list on 20 of November 1997.

Hon. Giridahar Malaviya, J. Hon. B.K. Sharma, J.

We are informed that pursuance of the order dated 22 of October 1997, representatives of all the 12 bodies are present in court except the representative of Mayor of Kanpur Nagar who herself wanted to be present today in court but could not make it possible due to illness of her husband. Sri Kazmi has informed the court that the Mayor Kanpur Nagar has told him on phone that some representative on her behalf would be reaching Allahabad by this evening. We are also informed that counsel for all the 12 respective departments are representing them in court. There was a preliminary discussion also on the question as to what are the problems faced by various departments in implementing the program and what are the measures that are necessary to be adopted for the same. After hearing counsel for the various departments as also Sri Kazmi, the court feels that it will be useful if a full fledged conference of all the

representatives along with their counsel is held tomorrow as also, if necessary, day after tomorrow to discuss the whole issue in detail. The learned Advocate General is being requested to provide his chamber tomorrow at 4:00pm for this purpose. The learned Additional Government Advocate shall intimate this to the learned Advocate General. Thereafter, if necesaary the conference may again take place on Saturday i.e. 22 of November 1997. The time fixed for the said conference may again be intimated to the learned Advocate General so that it could again take place in his chamber. Sri Kazmi who has been asked by this court to coordinate between various departments and agencies shall submit his pointwise report to the court on 24 of November 1997 on the scheme that the conference may formulate to implement this programme as also about the constraints and problems which the various departments might be facing to implement this programme. Sri Kazmi shall also suggest to the court the panel from which should be constituted a monitoring committee to check as to how much of the programme has been implemented and should be, thereafter, implemented on priority basis. List this case again on 24 November 1997 at 1:45pm as the first cases. Names of concerned departments: 1) 2) 3) 4) 5) 6) 7) 8) Secretary, Ministry of Environment and Forest, Govt. of India Secretary, Nagar Vikas, Govt of UP Chairman, UP Jal Nigam Chairman UPSEB DIG (Personal) UP Police Regional Officer, Pollution Control Board, UP NRCD Rakesh Jaiswal

Action points emerging out of court orders: 1) Formation of a Committee to be known as Joint Monitoring Committee headed by Kazmi, Advocate SMA of representatives of departments mentioned in column-3 which will submit its report on 24.2.98 to the Honble Court 2) The Committees terms of reference (TOR): -To identify towns where flow of sewage and waste water into river Ganga is taking place -Whether STP installed or not. If installed, working satisfactorily or not -Difficulties encountered in operating these plants -To identify town where other units are causing pollution. 3) To find out action taken regarding disposal of dead bodies into the river Ganga 3) Submission of first report on 24.2.98. All the departments mentioned in Col.3 shall make available the progress report of action taken to Mr. Kazmi on 7th of next month. Present status: JMC inspected GAP works at Kanpur on 24/25.1.98 at Varanasi on 7/8.2.98 and Allahabad on 13/14.2.98 and Sri SMA Kazmi submitted its report to the Honble Court

Civil Misc. Writ Petition no. 21552 of 1997 Rakesh Kumar Jaiswal vs. State of U.P. and others Hon'ble G. Malaviya, J. Hon'ble K.D. Shahi, J.

We have perused the report submitted by Sri S.M.A. Kazmi, Advocate, which indicates that the Committee appointed by the Court visited Kanpur, Allahabad and Varanasi. The Court records appreciation of the report which has been prepared by Sri Kazmi Let seven copies of this report be prepared by the office and handed over to Sri kazmi, so that he may give the same to seven other members who constitute the Committee. The Committee has not yet been able to visit all the places in the State, particularly such major cities, which fall on the bank of river Ganga in this State. Sri Kazmi has stated that in the next round the Committee proposes to visit Haridwar, Farrukhabad and Mirzapur. Accordingly, Sri Kazmi shall fix a date in consultation with the other members of the Committee and shall visit these places and submit a report in regard to those three places also. Meanwhile, Sri Ashok Mehta, learned Chief Standing Counsel, has produced a sheet of pwper, indicating the districts through which the river Ganga is flowing. It is not necessary to mention the names of all the districts, but what is to be noticed is that apart from the aforesaid six distrcits, the river Ganga also flows along with following districts: 1. Bijnor,2. Rampur3. Garh Mukteshwar4. Mirzapur,5. Ghazipur Accordingly, the team shall, if possible, visit simultaneously these places also before the next report is submitted by Sri Kazmi. The report shows pathetic condition prevailing at Kanpur. After perusing the report, we find that Burihaghat at Jajmau is one of the worst affected areas, where the river Ganga is being polluted. The report further shows that in Burihaghat at jajmau, there are two glue factories with huge boilers, flesh and leather-remains as ingredients and goat and other animals tails serving as fuel in the open, right at the ghat, which portrays the pathetic state of Ganga. Entied ghat is strewn with leather remains, boiled and crushed up products of the glue factories, mounds and animals'carcasses, tannery effluents spread all over the ghat near Ganga. The report further mentions that a couple of tanneries discharge their waste products directly at the ghat which is ultimately washed off into Ganga. We direct the Senior Superintendent of Police, Kanpur nagar to ensure that none of the activities mentioned above are permitted to be carried out in Burihaghat in Jajmau, which are being carried-out illegally. The above activities of pollution should have been stopped by the Pollution Control Board but they have not cared to stop the same. The report also makes it clear that the water intake point at Bhairoghat pumping station has two huge drains, which receive domestic sewage through five drains, namely, Jageshwar, Jeevara, Kheora, Nawabganj and Ranighat. It further mentions that the polluted contents of a Tuberculosis Hospital are also being discharged some 100 metres before the intake point. Its photograph has also been annexed as Annexure 9-A. Since this is the source of water supply to the entire city of Kanpur, this has to be immediately stopped. The learned counsel for the parties before this Court at this state do not have any specific proposal as to how this nuisance which is injurious to health and hazardous to human being may be stopped. As we feel that the Tuberculosis germs are being supplied to the people of Kanpur, it is the duty cast upon Jal Sansthan, Kanpur nagar, to clean the water before making it potable. Accordingly, we grant ten days time to the State Government to set up an experts committee immediately for this task and let the Court know as to in what manner they are going to tackle this problem and making the water supply to the people of Kanpur pollution free. The third glaring point and point of concern in the report is the non-supply of electricitiy not only to the city of Kanpur but to the cities of Varanasi and

Allahabad as well. The report says that the wpoer cuts are almost for six hours per day, resulting in the sewage water being dischanrged in the river without being treated. Similarly, these power cuts do not allow unclaimed dead bodies to be disposed of. Some of the plants and crematoria are lying closed as they have huge arrears of electricity bills to be paid. All these obligations are in connection with environment to be kept free from pollution in the State. U.P. State Electricity Board as also Local Self Government Department, be they nagar Nigam, or Municipal Board, etc. are part of state and are supposed to render services to the Society for which the taxpayers pay tax to the Government directly or indirectly. Secondly, this is the headache of the department concerned to ensure that these plants are kept functional twnety four hours and their electricity should not be cut even for a single minute, as in the case of National and State Capitals, and other important places such as Assembly House, etc. and their electricity supply should also be made free of cost as is done in the case of department people of the U.P. State Electricity Board. Accordingly, we direct the State of U.P. to give its immediate attention to this problem also. Immediate measures should be adopted to lay independent feeder lines to these installations, ensuring 24 hours electricity supply for which the necessary funds should be released by the government forthwith. This Court has already put a nominee of the Chief Engineer in the Committee, who was also a member of the Committee. He also visited the aforesaid places and found that the installations were not working due to non-supply of the electricity. Secondly, the State Government shall also appraise itself to this problem forthwith and would also let this Court know within ten days what action has been taken by it to solve this problem. Meanwhile, we direct the Ganga Action Plan, Allahabad and Varanasi Units to submit their reports regarding untapped drains, which are mentioned in the report and explain how it has happened that despite the first phase been completeed, some of the work shown completed during the first phase are still not giving positive results effectively or have failed miserably. They should also explain as to what measures are being taken for tapping the waste water at these two places. Apart from this, they shall also indicate what remedial measures they are going to adopt to set right the failures of the first phase of action plan of river Ganga. Sri U.N. Sharma, learned Senior Standing Counsel for the Union of India, shall also appraise the Court as to what steps have been taken by the concerned Ministry against the first action plan as this report indicates that ganga Action Plan has not been implemented in its entirety. Meanwhile, we also direct the Senior Superintendent of Police, Kanpur Nagar, to immediately set up a River Police Force for patrolling the river to ensure that no unclaimed dead body is thrown in the river nor any illegal activity is carried out along the course of river in Kanpur. Let this petition be listed on 24.3.1998 in compliance of our order on two items for which we have granted ten days time. The authorities shall continue their efforts to get the river pollution free in terms of the order passed earlier by the Supreme Court as also in terms of the orders which are being passed by this Court time and again. This case shall be listed showing the name of Sri. A.N.Singh as counsel for Kanpur Nagar Nigam. Let a copy of this order be furnished to the learned counsel for the authorities concerned on payment of usual charges by Tuesday next (10.3.98). Sri S.M.A. Kazmi shall be issued a copy of this order free of charge to maintain his record properly. It is also directed that the GAP should be implemented by involving the bodies who should be authorised to construct, maintain and operate the treatment plants and undertake the river conservation work at their own

level with the help of the government and they are just and with the guidance of local NGOs and professional experts. There should be total transparency maintained regarding the action which is to be taken and there should be an effort to create atmosphere to educate the people, to keep the river pollution free. It is directed that the fresh cadre of river police be created in the state by the government of UP... hence the NRCD which is only made responsible to conserve the rivers may be asked to fund this project in UP. The balance between environmental protection and the development activities could only be maintained by strictly following the principle of Sustainable development. The development strategy catered the needs without negotiating the ability of up coming generations while sustainable development ensures the protection of environment as a guarantee to the bequeath to the future. Thus, right to clean environment is a guaranteed fundamental rights and it may be declared as a component of article 21 of the constitution of India ( M.C. Mehta versus Union of India 2001(3)SCC-756). The U.N. declaration on the rights to development may include the whole spectrum of civil, religious, culture, economic, political and social process. The adherences to a sustainable development principal are a sign quo non for the maintenance of the symbiotic balance. Thus, the concept of intergenerational equity, public trust doctrine and precautionary principles are the ingredients of our environmental jurisprudence. Large equality of static water provides fertile breeding grounds for disease carrying vectors. Taking timely action within its frameworks may mitigate the disaster management. The Honble Court been conscious of its constitutional obligation issued effective orders to ensure the protection of the environment and to provide a check to the spreading pollution and thereby non compliance of anti-pollution low and the infringement thereof result in spreading of pollution and thereby degradation of ecology (Indian Council for Environ-legal Action versus Union of India in 1996(V)SCC281). River Bhagirathi and Bhilangana rise from the glaciers in the Himalayas, which is now the part of the state of Uttranchal. The human rights people and environmental activists have approach to the Honble Court through Public Interest Litigation to protect the interest of the general public. The upstream environmental and economical impacts are: 1. Soil Erosion, 2. Micro-Climatic Changes, 3. Loss of Flora and Fauna, 4. Changes in Spawning Grounds, 5. Land slips, situation and sedimentation, 6. The water logging and solirity. 7. Impact on aquatic ecosystem. Our constitutional democracy may enshrine the concept of welfare states, for which we have to strive or mol to from Vedic times which is Let all be happy, let all be sin free, let everyone see good in everything and there should be no suffering anywhere.(Benefit of all and happiness of all). In the march of progress the humblest and weakest should not be left behind. Taking a fish from a river and putting it to an aquarium, where it may survive but it can never be happy. Thus, the mere suggestions and measurements to protect the water of river Ganga from pollution may not have the desirable result for having the sanctity of river Ganga being protected amongst those who comes to have a dip at Sangam during Kumbh festival after taking the bath from outside, as there body secretion of sweat may not pollute river Ganga. Thus, apart from the threats of series of irreversible damage. We should also endeavor to protect the rights of conscience, faith and religion, guaranteed under article 25 to these pilgrimage comprising of a segmentation of more than 5 crores of population visiting Allahabad during Kumbh festival for incarnation of their sins by their strengthen believe through mere dip, inside the holy water of Ganga Maata. Thus, the duty to protect and to prevent environmental degradation is further

intensified which shall not be used as a reason for postponing cost effective measures due to the lack of scientific certainty. The precautionary principle requires that the entire efficient be diversified for providing manure to the agricultural produced by the proper drainage inside their and not even a single drop of water either polluted by the chemical affinent or through biodegradable substance and even the water after treatment thereof may not be allowed to pour inside the holy river Ganges. The natural resources are exploited and the state with all sincerity and good intension is not able to provide the general common benefit to the people due to social conflicts arise as a natural adverse consequent , of political ambitions. The conflicts arise between people living upstream and those living downstream. Thus, when these conflicts submerges with different ideology prevalent between different social groups, the poor surviving on natural resources is dependent even to consume the salesh of the effluent class of people being drainage and poured inside the water of river Ganga which is deemed as purified water without any contaminations substance by the religious ruler population of our nation visiting as pilgrimage during Kumbh mela (Confluences). Thus, in such social conflicts, prier attention has to be paid for former group which is both financially and politically weak in consonance with the requirement contained by its provisions in the preamble, fundamental rights, fundamental duties and directive principle to take care of such deprived section of people. 1. That Sri Aurobindo originated the philosophy of cosmic salvation through spiritual evolution which could universally be accepted by anyone. He propagated the theme of Integral Yoga. The disciples and devoted followers of Sri Aurobindo formed, the Aurobindo Society In Calcutta in 1960/It was initially registered under the Societies Registration Act,1860, but after the enforcement of W. B. Societies Registration Act,1961,it was deemed to be registered under the Act. After the death of Sri Aurobindo and the Mother, the Government on receiving complaints about mismanagement of the affairs of the Society, appointed a Committee under the Chairmanship of the Governor of Pondicherry with representatives of the Government of Tamil Nadu and the Ministry of Home Affairs in the Central Government to look into the matter. A team of competent auditors confirmed the allegations about the mismanagement of the affairs of the Society, misuse of funds of the Society and diversion of the funds meant for Auroville. The construction work in Auroville became stagnant and the internal disputes gave rise to the problem of law and order. The society lost complete control over the situation. The members of the Auroville approached the Government of India to give protection against oppression and victimization at the hands of the Society. Having regard to the report and recommendations of the committee an Act was passed which provided for taking over the management of Auroville for a limited period. Legal Aspect Of The Matter In Reference To the Case Laws 1. Prohibition on sale of eggs within Rishikesh municipality- Not Unreasonable Restriction and the same should be viewed from Religious Background Major Source of Revenue to the Municipality under section 298 -Om Prakash vs. State of U. P. (2004) 3 SCC 402.

2.

In Marbury v. Madison 1 Cranch 137 (1803)-In case of conflict between law made by parliament (Congress) and the provision of Constitution, the duty of the Court is to enforce Constitution and ignore the law. 3. From Ratlam Municipality v. Vardhi Chand A.I.R. 1980 S.C. 1622, the Supreme Court has held that the concept of Public Interest Litigation is to enforce the provisions of Constitution of India in respect of the mandate issued in Chapter III, which is more the less the duty caste upon the authorities for protection of Fundamental Right and to endeavor the Directive Principle of State Policy. Article 19 Burden of Prove Nature and Extent of Right Distinguished form statute rights Dhram Dutt v. Union of India (2004) Vol. 1 SCC 712 a restriction on the activities of the Association is not a restriction on the activity on the individual citizen forming membership of Association Indian Council of World Affairs Act, 2001 under challenged Right and Restriction to be dealt with Article 19 (2) to (6) Article 300A and 19 (1) (f) Tibia Collage case AIR 1962 SC 448 followed. Society is incapable of holding property.

4.

Peoples Union of Civil liberties vs. Union of India (2004) Vol. 2 SCC 476 freedom of Speech includes Right of Information as a fundamental right. 5. Union of India vs. Naveen Jindal (2004) 2 SCC 510- flag code -Emblems and Names (pervasion of Improper use ) Act, 1950 and prevention of inserts to National Honour act, 1971 fling of nation is a symbols of free expression 19 (1)(A) thus a fundamental right American right to burn nation US flag is not approve in India. Right to fling nation is a fundamental duty but they are subject to restriction under chapter VI A Article 51 A. 6. That the framer of constitution has miserably forgotten the basic and elementary principles of jurisprudence and legal theory; that "every night implies the forbearance on the part of others to perform his duty. Every right is correlated and coexistent with duty "The preamble of our constitution was not having the boosting prospects to its citizen of our constitution was not having the boosting prospects to its citizens for resolving India as "Sovereign democratic republic and for endeavor the unity of nation till 3rd January 1977. 7. That these fundamental duties ten in numbers touch almost all important aspects of National life of an individual life of an individual as well as nation. These are true Magna Charta by adopting an adhering to which in our life. We can achieve the objective of an egalitarian society, free from corruption, oppression, favoritism, and nepotism. Each of these duties, when decoded and dilated, will go to encompass, the various facet of human activity and behavior; a remedy to most evils plaguing our society -an educational institution; a public undertaking etc. The present day crisis is the result of the phenomenon where tried to achieve right while forgetting corresponding duties as reciprocal to fundamental rights. We may get rid of the despotic and corrupt tendencies of authority in politics and administration having pressure groups ever hungry and lustful for privilege and power. 8. That by the constitution (first amendment) Act 1951, there have been further restrictions to practice any profession, or to carry on any occupation, trade or business for professional or technical qualification as well as carrying on any occupation, trade or business by the state and its instrumentality to the exclusion, complete or partial, of citizens. Thus the question arises as to whether there may not be a valid test of classification based on qualities or characteristics necessarily coupled with the object of legislation based on intelligible differential, which has certain nexus with the realities of the time to dealt with the law and order situation by providing necessary restriction over the unchecked liberty granted to the individual detrimental to its integrity and sovereignty for prohibition to avail the benefit of equality clause by taking the rescue for forbid classification. . There cannot be any enforceable fundamental right to an individual for indulging in anti national activities. Thus the verdict given by the Honble Supreme Court in Minerva Mills Limited Vs Union of India 1980 (3) SCC 625 is required to be reviewed for effective enforcement of the duties caste upon the citizen by passing through the test of "Form and Object" and "Pith and Substance" to mould and replace by the test of "Direct and Inevitable" effect. 9. The council for Public Interest Law set up by the Ford Foundation in USA devined public interest litigation, 1976 as follows: Public interest law is the name that has recently been given to efforts that provide legal representation to previously unrepresented groups and interest. Such efforts have been undertaken in the recognition that ordinary marketplace for legal services fails to provide such services to significant segments of the population and to significant interest. Such groups and interests include the proper environmentalists, consumers, racial and ethnic minorities and others. 10. The court has to be satisfied about: (a) the credentials of the applicant; (b) the prima facie correctness or nature of information given by him; (c) the information being not vague and indefinite. Court has to strike balance between two conflicting interest: (I) nobody should be allowed to indulge in wild and reckless allegations besmirching the character of others; and (II) avoidance of public mischief and to avoid mischievous petitions seeking to assail, for oblique motives, justifiable executive actions. In such case, however, the court cannot effort to be liberal. It has to be extremely careful to see that under the guise of redressing a public grievance, it does not encroach upon the sphere reserved by the Constitution to the executive and the legislature. The court has to act ruthlessly while dealing with imposters and busybodies or meddlesome interlopers impersonating as public-spirited holy men. They masquerade as crusaders of justice. They ported to act in the name of probono publico, though they have no interest of the public or even of their own protect.

11. It is of utmost importance that those who invoke the Supreme Court jurisdiction seeking a waiver of the locus standi rule must exercise restraint in moving the court by not plunging in areas wherein they are not well vessed. Such a litigant must not succumb to spasmodic sentiments and behave like a knight-errant roaming at well in pursuit of issues providing publicity. He must remember that as a person seeking to espouse a public cause he owes it to the public as well as to the court that he does not rush to court without undertaking a research even if he is qualified or competent to raise the issue. Besides, it must be remembered that a good cause can be lost if petitions are filed on half-baked information without proper research or by persons who are not qualified or competent to raise such issues as the rejection of such a petition may affect the third partys right. Lastly it must be borne in mid that no one has a right to the waiver of locus standi rule and the court should permit it only when it is satisfied that the carriage of proceeding is in the competent hands of a person who is genuinely concerned in public interest and is not moved by other extraneous consideration. Also, the court must be careful to ensure that the process of the court is not sought to be abused by a person who desires to persist with his point of view. 12. The court must never forget that the jurisdiction extends no further than the legitimate limits of its constitutional powers and avoid trespassing into political territory which under the Constitution has been appropriated to the other organs of the State. 13. When the court entertains public interest litigation it does not do so in a caviling spirit or in a confrontational mood or with a view to tilting at executive authority or seeking to usurp it, but its attempts is only to ensure observances of social and economic rescue programme, legislative as well as executive, framed for the benefit of the have nots and the handicapped and to protect them against violation of their basic human right. 14. PIL may, therefore, be described as satisfying one or more of the following parameters. These as not exclusive but merely descriptive: Where the concern underlying a petition are not individualist but are shared widely by a large number of people (bonded labour, undertrial prisoners, prison inmates). Where the affected persons belong to the disadvantaged sections of society (women, children, bonded labour, unorganised labour etc.). Where judicial law making is necessary to avoid exploitation (inter-country adoption, the education of the children of the prostitutes). Where judicial intervention is necessary for the protection of the sanctity of democratic institutions (independence of the judiciary, existence of grievances redressal forums). Where administrative decision related to development are harmful to the environment and jeopardize peoples right to natural resources such as air or water. 15. It is for this reason that in public interest litigation litigation undertaken for the purpose of redressing public injury, enforcing public duty, protecting social, collective, diffused rights and interests or vindicating public interest, any citizen who is acting bona fide and who has sufficient interest has to be accorded standing. 16. But we must be careful to see that the member of the public, who approaches the court in cases of this kind, is acting bona fide and not for personal gain or private profit or political motivation or other oblique consideration. The court must not allow its process to be abused by politicians and others to delay legitimate administrative action or to gain a political objective. Andre Rabie has warned that political pressure groups who could not achieve their aims through the administrative process and we might add, through the political process, may try to use the courts to further their aims. These are some of the dangers in public interest litigation, which the court has to be careful to avoid. It is also necessary for the court to bear in mind that there is a vital distinction between locus standi and justiciability and it is not every default on the part of the State or a public authority that is justiciable. The court must take care to see that it does not overstep the limits of its judicial function and trespass into areas, which are reserved to the executive and the legislature by the Constitution. It is a fascinating exercise for the court to deal with public interest litigation because it is a new jurisprudence, which the court is evolving, a jurisprudence that demands judicial statesmanship and high creative ability. The frontiers of public law are expanding far and wide and new concepts and doctrines, which will change the complexion of the law and which were so far as embedded in the womb of the future, are beginning to be born.

17. Before we part with this general discussion in regard to locus standi, there is one point we would like to emphasis and it is, that cases may arise where there is undoubtedly public injury by the act or omission of the State or a public authority but such act or omission also causes a specific legal injury to an individual or to a specific class or group of individuals. In such cases, a member of the public having sufficient interest can certainly maintain an action challenging the legality of such act or omission, but if the person or specific class or group of persons who are primarily injured as a result of such act or omission, do not wish to claim any relief and accept such act or omission willingly and without protect, the member of the public who complains of a secondary public injury cannot maintain the action, for the effect of entertaining the action at the instance of such member of the public would be to foist a relief on the person or specific class or group of persons primarily injured, which they do not want. 18. It is only when courts are apprised of gross violation fundamental rights by a group or a class action or when basic human rights are invaded or when there are complaints of such acts as shock the judicial conscience that the courts, especially this Court, should leave aside procedural shackles and hear such petitions and extend its jurisdiction under all available provisions for remedying the hardships and miseries of the needy, the underdog and the neglected. I will be second to none in extending help when such help is required. But this does not mean that the doors of this Court are always open for anyone to walk in. it is necessary to have some self-imposed restraint on public interest litigants. 19. It is thus clear that only a person acting bona fide and having sufficient interest in the proceeding of PIL will alone have a locus standi and can approach the court to wipe out the tears of the poor and needy, suffering from violation of their fundamental rights, but not a person for personal gain or private profit motive or any oblique consideration. Similarly, a vexation petition under the colour of PIL brought before the court for vindicating any personal grievance, deserves rejection at the threshold. 20. The busybodies meddlesome interlopers, wayfarers, or officious interveners having absolutely no public interest except for personal gain or private profit either for themselves or as proxy of others or for any other extraneous motivation or for glare of publicity break the queue muffling their faces by wearing the mask of public interest litigation, and get into the courts by filing vexations and frivolous petitions and thus criminally waste the valuable time of the courts and as a result of which the queue standing outside the doors of the court never moves which piquant situation creates a frustration in the minds of the genuine litigation and resultantly they lose faith in the administration of our judicial system. 21. Normally before such a project is undertaken, a detailed consideration of the need, viability, financing and cost-effectiveness of the proposed project and offers received takes place at various levels in the Government. It there is a good reason why the project should not be undertaken, then the time to object is at the time when the same is under consideration and before a final decision is taken to undertake the project. If breach of law in the execution of the project is apprehended, then it is at the stage when the viability of the project is being considered that the objection before the appropriate authorities including the court must be raised. We would expect that if such objection or material is placed before the Government, the same would be considered before a final decision is taken. It is common experience that considerable time is spent by the authorities concerned before a final decision is taken regarding the execution of a public project. This is the appropriate time when all aspects and all objections should be considered. It is only when valid objections are not taken into account or ignored that the court may intervene. Even so, the court should be moved at the earlier possible opportunity. Belated petitions should not be entertained. 22. The same considerations must weigh with the court when interim orders are passed in such petitions. The party at whose instance interim orders are obtained has to be made accountable for the consequences of the interim order. The interim order could delay the project, jettison finely worked financial arrangements and escalate costs. Hence the petitioner asking for interim orders in appropriate cases should be asked to provide security for any increase in cost as a result of such delay or any damages suffered by the opposite party in consequence of an interim order. Otherwise public detriment may outweigh public benefit in granting such interim orders. Stay order or injunction order, if issued, must be molded to provide for restitution. 23. The legal right of an individual may be founded upon a control or a statute or an instrument having the force of law. For a

public law remedy enforceable under Article 226 of the Constitution, the actions of the authority need to fall in the realm of public law be it a legislative act of the State, an exercise act of the State or an instrumentality or a person or authority imbued with public law element. The question is required to be determined in each case having the aforementioned principle in mind. However, it may not be possible to generalize the nature of the action, which would come either under public law remedy or private law field nor is it desirable to give exhaustive list of such actions. 24. There is thus no doubt that the High Courts in India exercising their jurisdiction under Article 226 have the power to issue a writ of mandamus or a writ in the nature of mandamus or to pass orders and give necessary directions where the Government or a public authority has failed to exercise or has wrongly exercised the direction conferred upon it by a statute or a rule or a policy decision of the Government or has exercised such discretion mala fide or on irrelevant considerations or by ignoring the relevant considerations and materials or in such a manner as to frustrate the object of conferring such discretion or the policy for implementing which such discretion has been conferred. In all such cases and in any other fit and proper case a High Court can, in the exercise of its jurisdiction under Article 226, issue a writ of mandamus or a writ in the nature of mandamus or pass orders and give directions to compel the performance in a proper and lawful manner of the discretion conferred upon the Government or a public authority, and in a proper case, in order to prevent injustice resulting to the parties concerned, the court may itself pass an order or give directions which the Government or the public authority should have passed or given had it properly and lawfully exercised its discretion. 25. Mandamus which is a discretionary remedy under Article 226 of the Constitution is requested to be issued, inter alia, to compel performance of public duties, which may be administrative, ministerial or statutory in nature. Statutory duty may either directory or mandatory. Statutory duties, if they are intended to be mandatory in character, are indicated by the use of the words, shall, or must. But this is not conclusive as shall or must have, sometimes, been interpreted as may. What is determinative of the nature of duty, whether it is obligatory, mandatory or directory, is the scheme of the statute in which the duty has been set out. Even if the duty is not set out clearly and specifically in the statute, it may be implied as correlative to a right. 26. In the performance of this duty, if the authority in whom the discretion is vested under the statue, does not act independently and passed on order under the instructions and orders of another authority, the Court would intervene in the matter, quash the order and issue a mandamus to the authority to exercise its own discretion. 27. Obligatory duties must be distinguished from discretionary powers. With the latter mandamus has nothing to do: it will not, for example, issue to compel a minister to promote legislation. Statutory duties are by no means always imposed by mandatory language with words such as shall or must. Sometimes they will be the implied counterparts of rights, as where a person may appeal to a tribunal has a correlative duty to hear and determine the appeal. Sometimes also language which is apparently merely permissive is construed as imposing a duty, as where may is interpreted to mean shall. Even though no compulsory words are used, the scheme of the Art may imply a duty. 28. Having developed from a piece of purely administrative machinery, mandamus was never subject to the misguided notion which at one time afflicted its less fortunate relative certiorari, that it could apply only to judicial functions. Administrative or ministerial duties of every description could be enforced by mandamus. It was, indeed, sometimes said that this remedy did not apply to judicial functions, meaning that where a public authority was given power to determine some matter, mandamus would not lie to compel it to reach particular decision. The law as to this is explained below under Duty to exercise jurisdiction. 29. The fact that the statutory duty is directory as opposed to mandatory, so that default will not invalidate some other action or decision, is no reason for not enforcing it by mandamus. 30. However, this concept of democracy as rights-based with limited governmental power, and in particular of the role of the courts in a democracy, carries high risks for the judges and for the public. Courts may interfere inadvisably in public administration. The case of Bromley London Borough Council v. Greater London Council (1983) 1 AC 768: (1982) 1 ALL ER 129: (1982) 2WLR 62 (HL) is a classic example. The house of Lords quashed the G L C cheap fares policy as being based on a misreading of the statutory provisions, but were accused of themselves

misunderstanding transport policy in so doing. The courts are not experts in policy and public administration hence Jowells point that the court should not step beyond their institutional capacity (Jowell, 2000). Acceptance of this approach is reflected in the judgements of Laws, L. J. in International Transport Roth GmbH v. Secy. 31. In Maneka Gandhi v. Union of India (1978) 1 SCC 248. Dealing with the scope and purport of Article 19 (1) the Bench held: (SCC pp. 306-07, para 29) 32. [E]ven if a right is not specifically named in Article 19 (1), it may still be a fundamental right covered by some clause of that article, if it is an integral part of a named fundamental right or partakes of the same basic nature and character as that fundamental right. It is not enough that a right claimed by the petitioner flows or emanates from a named fundamental right or that its existence is necessary in order to make the exercise of the named fundamental right meaningful and effective. Every activity which facilitates the exercise of a named fundamental right is not necessary comprehended in that fundamental right nor can it be regarding as such merely because it may be possible otherwise to effectively exercise that fundamental right. What is necessary to be seen is, and that is the test which must be applied, whether the right claimed by the petitioner is an integral part of a named fundamental right or partakes of the same basic nature and character as the named fundamental right so that the exercise of such is in reality and substance nothing but an instance of the exercise of the named fundamental right. If this be the correct test, the right to go abroad cannot in all circumstance be regarded as included in freedom of speech and expression. 33. Article 19 Burden of Prove Nature and Extent of Right Distinguished form statute rights Dhram Dutt v. Union of India (2004) Vol. 1 SCC 712 a restriction on the activities of the Association is not a restriction on the activity on the individual citizen forming membership of Association Indian Council of World Affairs Act, 2001 under challenged Right and Restriction to be dealt with Article 19 (2) to (6) Article 300A and 19 (1) (f) Tibia Collage case AIR 1962 SC 448 followed. Society is incapable of holding property. 34. That Article 14 has a pervasive potency and a versatile quality, equilitarian in its soul, but allergic to discriminatory dictates. It is well known that equality is anti-thesis to arbitrariness. Since the license may not be given to a blind man to drive a car, how worthwhile it may be to give the similar license to a criminal to do every sort of atrocities being committed by indulging into the crime of the innocent people. There are inherent restrictions applicable for the enforcement of the individual personal right under article 19, which empowers the state to enforce reasonable restriction on the exercise of the right of the people in the interest of sovereignty, integrity of India security of the state, friendly relations with foreign state, public order, decency or morality etc. including the incitement to an offence pertaining to the reasonable restrictions regarding freedom of speech and expression, to assemble ,to form associations and freedom to reside and move freely throughout the territory of India. 35. That by the constitution (first amendment) Act 1951, there have been further restrictions to practice any profession, or to carry on any occupation, trade or business for professional or technical qualification as well as carrying on any occupation, trade or business by the state and its instrumentality to the exclusion, complete or partial, of citizens. Thus the question arises as to whether there may not be a valid test of classification based on qualities or characteristics necessarily coupled with the object of legislation based on intelligible differential, which has certain nexus with the realities of the time to dealt with the law and order situation by providing necessary restriction over the unchecked liberty granted to the individual detrimental to its integrity and sovereignty for prohibition to avail the benefit of equality clause by taking the rescue for forbid classification. . There cannot be any enforceable fundamental right to an individual for indulging in anti national activities. Thus the verdict given by the Honble Supreme Court in Minerva Mills Limited Vs Union of India 1980 (3) SCC 625 is required to be reviewed for effective enforcement of the duties caste upon the citizen by passing through the test of "Form and Object" and "Pith and Substance" to mould and replace by the test of "Direct and Inevitable" effect. 36. The state must therefore ensured that the various agencies deployed by it of highly sophisticated technology is increasingly susceptible to abuse. The existence of public emergency are in the interest of public safety relating to sovereignty, security, public order and integrity of India and also for preventing incitement to the commission of an offence may justify the right to hold a telephonic

conversation and thus telephone tapping would tantamount to interference and certainly be claimed against the right to privacy unless it is permitted under the procedure established by law. 37. That One restriction is that freedom of religion is subject to public order, morality and other provisions of Part III of the Constitution. In Ramji Lal Modi Vs. State of U.P., the Supreme Court held that the right to freedom of religion assured by Articles 25 and 26 is expressly made subject to public order, morality and health. It cannot be predicated that freedom of religion can have no bearing whatever on the maintenance of public order or that a law creating an offence relating to religion cannot under any circumstances be said to have been enacted in the interests of public order. Section 295-A of the Indian Panel Code does not penalise any and every act of insult to or attempt to insult the religion or religious beliefs of a class of citizens but it penalises only those acts of insult of the religion or the religious beliefs of class of citizens which are perpetrated with the deliberate and malicious intention of outraging the religious feeling of that class. Insults to religion offered unwittingly or carelessly or without any deliberate or malicious intention to outrage the religious feeling of that class do not come within this section. It only punishes the aggravated form of insult to religion when it is perpetrated with the deliberate and malicious intention of outraging the religious feelings of that class. The calculated tendency of this aggravated form of insult is clearly to disrupt the public order. 38. Where the public functionaries were involved in such a malafide and colourable exercise of power that may abridge or abrogate the right of livelihood of a citizen duly guaranteed under Article 21 of the Constitution, the remedy will still be available under the public law notwithstanding that a suit could be filed for declaring the aforesaid transaction as void. This remarkable judgement is an exemplar of a verdict given in a socially sensitized manner containing a complex exception to show the people beacon light in favour of poor uneducated exploited mass who need a helping hand from the legal profession and also from the Honble Courts. This is an attempt to prevent contagious virus of corruption, which is opposed to democracy and social order. Unless this corruption is nipped in the bud that is likely to cause turbulence by a dreaded communicable disease, the same will crumble the socio political system under its own weight. 39. It will be instructive to sun up this discourse with the observation of Honble Chief Justice Bhagwati in Sukh Das. It is common knowledge that 70 percent of the people living in rural areas are illiterate and even more than that percentage of the people are not aware of the rights conferred upon them by law. Even literate people do not know what are their rights and entitlements under the law. It is this absence of legal awareness which is responsible for the deception, exploitation and deprivation of rights and benefits from which the poor suffer in this land. Their legal needs always stand to become crisis-oriented because their ignorance prevents them from anticipating legal troubles and approaching a lawyer for consultation and advice in time and their poverty magnifies the impact of the legal trouble and difficulties when they come. More over, because of their ignorance and illiteracy, they cannot become self-reliant; they cannot even help themselves. The law ceases to be their protector because they do not know that they are entitled to the protection of the law and they can avail of the legal service programme for putting an end to their exploitation and winning their rights. The result is that poverty becomes with them a condition of total helplessness. This miserable condition in which the poor find themselves can be added to situations (1986) 2 SCC 401). 40. That Professor Laski says ". The centre of legal solidarity lies not in legislation, nor in jurists science, nor in jurists decision, but in society itself. The first requirement of judiciary that it should correspond with actual feeling and demand of the life. Unfortunately we are still upholding the traditions of Anglo Saxon jurisprudence and resisting radical innovation in the use of judicial power to promote social justice under our constitution. Justice which has always been the first virtue of any civilized society is still required to be traced down the beating the sticks over the impressions left behind by passing through a snake of alien power ruling over the nation. Such traditions having the glimpse of slavery was least concerned with the relief to the litigants but continued to perform the deception by making the litigant as specimen in the process of advancement of the judicial system. There are

conflicting decisions which were subsequently overruled but by that time the cause of the litigant was decided on the wrong precedents. 41. That the Freedom of expression may be necessarily including right of information. There is no expression with out having an idea on the subject, regarding which the expression of an individual may be given effect to change the existing values an ideology which are based on the notable extracts of certain facts .An enlightening informed citizen would undoubtedly enhance democratic values (Peoples Union for Civil liberty (P U C L) Vs. Union of India) (2003) 4 SCC Para 94. 42. That The freedom of speech and expression is basic to indivisible from a democratic polity .It includes right to impart and receive information. Restriction to the said right could be only as provided in article 19(2). Right of a voter to know the bio-data of the candidate is the foundation of the democracy. The old dictum let the people have the truth and the freedom to discuss it and all will go well with the Government should prevail. The true test for deciding the validity of the Act is whether it takes away or abridges fundamental right of the citizens. If there is direct abridgement of the fundamental right of freedom of speech and expression, the law would be invalid. If the provisions of the law violate the constitutional provisions, they have to be struck down and that is what is required to be done in the present case .It is made clear that no provision is nullified on the ground that the Court does not approve the underlying policy of the enactment. (Para 69 to 71 and 66). (Peoples Union for Civil liberties (P U C L) Vs. Union of India, (2003) 4 SCC 399:AIR 2003 SC 2363. 43. That To control the ill effects of money power and muscle power the commissions recommend that even the election system should be overhauled and drastically changed lest democracy would become a teasing illusion to common citizens of this country. Not only a half hearted attempt in the direction of the reform of the election system is to be taken as has been done by the present legislation by amending some provisions of the act here and there, but a much improved election system is required to be evolved to make the election process both transparent and accountable as that influence of tainted money and physical force of criminals do not make democracy a farce the citizens fundamental Right to Information should be recognized and fully effectuated (Para 127) (Peoples Union for Civil liberties (P U C L) Vs. Union of India,(2003) 4 SCC 399:AIR 2003 SC 2363. 44. That It has Been held that The newspapers serve as a medium of exercise of freedom of speech. The right of its shareholder to have a free press is a fundamental right. Advertisements in newspapers play an important role in the matter of revenue of the newspaper and have a direct nexus with its circulation. For the purpose of meeting the costs of the newsprint as also for meeting other financial liabilities which would include the liability to pay wages, allowances and gratuity etc. To the working journalist as also liability to pay a reasonable profit to the share holders vis-a-vis making the newspapers available to the readers at a price at which they can afford to purchase it , the petitioners have no other option but to collect more funds by publishing commercial and other advertisements in the newspaper.(Paras 33,36,34and 38) .Hindustan Times Vs State of U. P.(2003) 1 SCC 591,AIR 2003 SC 250,(2003) 1 LLJ 206: (2002) 258 ITR 469. 45. In Keshavanand Bharti Vs state of Kerala A.I.R 1973 S. C. Page 1431 Justice Matthew held "The fundamental rights have no fixed content, most of them are empty vessels into which each generation must pour its content in the light of its experience. It is relevant in this context to remember that in building of just social order, it is sometimes imperative that the fundamental rights should be somewhat related to directive principles. The following rights are held to be covered world under article 21. 46. The right to live with human dignity free from exploitation (A.I.R 1980 S. C 849) and 47. The right of livelihood (A.I.R 1986 S. C. 180) respectively were also considered to be within ambit of article 21. Every endeavor has been provided till now to make this article reverberate with life and articulate with meaning. It has been held that authority not performing their statutory duties to enforce laws for the protection of environment inre- J.T 1996 (2) S. C 196 and J.T 1996 (7) S. C. 775 are jeopardizing the right of life of the citizen. However the authorities have still to provide protection by providing a fool proof. Safety to the passengers traveling inside the fast moving train to avoid disastrous accident endangering a cynical disrespect towards the glorious contents of life in positive language and the

honorable court may interpret life of law to serve the social purpose and felt necessity as sentinels on quinine as guardian of human rights to the victim of fatal accidents, socio-economic crisis and criminal actions to their dependants which is in the prevailing situation installing a sense of fear at least by providing minimum of financial security. 48. Right to freedom of speech and expression includes a right to express ones convictions and opinions freely by words of mouth, writing, printing, picture or in any manner under article 19 (1) (a) of the constitution dealing with the provisions of section 5 (2) of the telegraph act. Unless public emergency has occurred are the interest of public safety demands, the authority have no jurisdiction to exercise the power under the said section. The power vested under section 5 (2) shall not be issued except by home secretarys and there shall be a review committee consisting of cabinet secretary, law secretary and secretary telecommunications appointed by the governor. It is not disputed that no rules have been framed for the conduct of telegraph is under sections 7 (2) be of the act for providing precaution and preventing the improper interception or disclosure of messages for combating terrorism act within the bounds of the law and not to become the law themselves. In order to bring transparency and accountability, it is desirable that the officer arresting a person should prepare a memo of his arrest at the time of arrest in the presence of at least one witness may be the member of the family or the respectable person of the locality. The date and time of the arrest shall be recorded in the memo which must also be counter signed by the arrested person. 49. That the Honble Supreme Court has provided a dimension to the different articles in order to provide a guidelines for effective administration of justice. It has been held that no religion prescribes that the prayer are required to be perform through voice amplifier or beating of the drum and use of microphone for the purposes of attending the religious ceremonies has been prohibited in Church of God (Full Gospel) in India Vs. K. K. R Majestic 2000 S.C.C (7) 282. Thus despite the mandate by issuing the writ of mandamus by the Honble Supreme Court to the administration at large in the public interest litigations through judicial activism, nothing has been taken as granted to the public even after declaring the same as the law of the nation. Thus the judicial procedure, which is based on a tedious process, is required to be provided by foolproof system for the benefit of the public. The comedy of error does not lie in our celebrated principles but since there is a complete erosion of the fear from the mind of the citizen indulge in violating the law and there is no machinery to make a control upon the simple invasion of such right, the public is bound to adhere what is given to it by the grace of the public servant. 50. That even article 226, viewed on under prospective may be mean to ventilation of collective or common grievances as distinguished from assertion of individual rights, although the traditional view, backed by precedents has opted for the narrower alternative public interest is promoted by a spacious consideration of laws standing our socio-economic circumstances and conceptual latitudinarianism permits taking liberties with individualization of the right to involve the higher courts where the remedy is shared by a considerable number particularly when they are weaker less litigation consistent with the fair process is the aim of aim of adjective law. 51. That the Constitution (Forty Fourth amendment) Act, 1978 has provided another directive principle under Article 38(1) & (2) that the state shall strive to promote the welfare of the people by securing and protecting a social order and to strive to minimize inequalities in income and endeavor to eliminate inequalities in status facilities and opportunities not only amongst individuals, but also amongst groups engaged in different vocations. 52. Honble Supreme court has taken into account two spheres of dimensions to the right of personal liberty against the sovereign power exercising its functioning with the police power and restrictions imposing procedural safeguard in order to provide the public safety having invasion of individual privacy as susceptible to abuse. The custodian violence and torture by the police adopting third degree of interrogation and other agencies have been deemed to be violative of article 21 and article 22 of the constitution of India. It has been held that the importance of affirmed rights to deter breaches by the violence, torture and even death in police lock up strikes a blow of rule of law. The police who is supposed to

provide the protection of citizens is committing such crime under the shield of uniform and authority in the four walls of a police station of lock ups in which victim is being totally helpless. Torture of human being by another human beings is essentially an instrument to impose the will of the "strong over the weak" by sufferings. These are a calculated assault on human dignity and whenever human dignity is wounded, civilization takes a step backward. Universal declaration of human rights in 1948 in reference to article 5 stipulates, "no one shall be subjected to be tortured or to be cruel inhuman or degrading treatment or punishment". The constitutional guarantee provided in article 20 (3) provides that of a person excused of an offence cannot be compelled to be a witness against himself. Article 22 (2) provides that the person arrested or detained in the custody shall be produced before the nearest magistrate within a period of 24-hour of such arrest excluding the time necessary for journey. The accused shall be informed of the ground of such arrest and shall not been denied that right to concern and defend himself by legal practitioner of his choice. The personal liberties is protected under article 21 except according to the procedure established by law. Thus personal liberty is a sacred and cherished right under the constitution (UBI JUS IBI REMIDIUM). 53. That there are virtually no individual fundamental rights except the right conferred under article 19 of the constitution of India, rest are the fundamental duties of the state, which are likely to be enforced for the protection of its citizen. By the gradual advancement of the judicial activism, the basic fundamental duties embodied in our constitution, have now been regarded as enforceable rights of the citizen without taking into consideration as to whether the person, who is coming forward for seeking the enforcement of such duties by the state, may actually deserve for such enforcement under an equitable discretionary jurisdiction of the constitutional courts in India. This is a basic flow in the process of judicial verdict. There is the need that the impact and implementation of the law, which is primarily concerned with a social science, may be able to achieve its objective the concept and the guarantees enshrined under article 14 having two connotation, i.e.. Equality before the law and the equal protection of the law are not the same phraseology, although they appear to serve a common objective to eradicate the social evils of inequalities and discrimination. 54. That Article 14 has a pervasive potency and a versatile quality, equilitarian in its soul, but allergic to discriminatory dictates. It is well known that equality is anti-thesis to arbitrariness. Since the license may not be given to a blind man to drive a car, how worthwhile it may be to give the similar license to a criminal to do every sort of atrocities being committed by indulging into the crime of the innocent people. There are inherent restrictions applicable for the enforcement of the individual personal right under article 19, which empowers the state to enforce reasonable restriction on the exercise of the right of the people in the interest of sovereignty, integrity of India security of the state, friendly relations with foreign state, public order, decency or morality etc. including the incitement to an offence pertaining to the reasonable restrictions regarding freedom of speech and expression, to assemble ,to form associations and freedom to reside and move freely throughout the territory of India. It has been observed by the Honble Courts that where the power is conferred to achieve a purpose it has been repeatedly reiterated that the power must be exercised reasonably and in good faith to effectuate the purpose. And in this context in good faith means for legitimate reasons. Where power is exercised for extraneous or irrelevant considerations or reasons, it is unquestionably a colorable exercise of power or fraud on power and the exercise of power is vitiated. 55. The Honble Supreme Court has also held that Pithily put, bad faith which invalidates the exercise of power- sometimes called colorable exercise or fraud on power and oftentimes overlaps motives, passions and satisfactions- is the attainment of ends beyond the sanctioned purposes of power by simulation or pretension of gaining a legitimate goal. If the use of the power is for the fulfilment of a legitimate object the actuation or catalysation by malice is not legicidal. The action is bad where the true object is to reach an end different from the one for which the power is entrusted, goaded by extraneous considerations, good or bad, but irrelevant to the entrustment. When the custodian of power is influenced in its exercise by considerations out side those for promotion of which the power is vested the court calls it a colorable exercise and is undeceived by illusion.

56. Transparency of action and accountability are perhaps two possible safeguards which the court enforcing the protection of fundamental rights must insist upon. Thus police in India requiring to perform a difficult and delegate task in view of the deteriorating law and order situation, communal riots, politics turns to student unrest, terrorist activities, dealing with hard core criminals, drug peddlers, smugglers having strong root in society, will feel difficulties in the detection of the crime committed by the hardened criminals. Thus a balanced justice approach is needed to meet the ends of justice. The cure cannot however, be worst them the diseased itself.