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«BANARAS LAW JOURNAL Cite This Issue as Vol. 42 No. 2 Ban.L.J. (2013) The Banaras Law Journal is published bi-annually by the Faculty of Law, Banaras ...»

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5. The State Maritime Board should insist that all quantities of waste oil, sludge and other similar mineral oils and paints chips are carefully removed from the ship and taken immediately to areas outside the beach, for safe disposal.

6. There should be immediate ban of burning of any material whether hazardous or non-hazardous on the beach.

7. The concerned State Pollution Control Board(s) be directed to close all units which are not authorized under the HW Rules.

8. The Gujarat PCBs should ensure continuous monitoring of ambient air and noise level as per the standards fixed. The Gujarat PCBs be further directed to install proper equipment and infrastructure for analysis to enable it to conduct first level inspection of hazardous material, radio-active substances etc.

9. The Gujarat SPCB will ensure compliance of the new Gujarat Maritime Board (Prevention of Fire & Accidents for Safety & Welfare of Workers and Protection of the Environment during Ship breaking Activities) Regulations, 2000, and should submit a compliance report to the Court.

10. Gujarat Maritime Board and Gujarat SPCB officers should visit sites at regular intervals so that the plot owners knows that these institutions are an InterMinisterial Committee comprising Ministry of Surface Transport, Ministry of Steel, Ministry of Labour and Ministry of Environment should be constituted with the involvement of labour and environment organizations and representatives of the ship breaking industry.

11. The SPCBs along with the State Maritime Board should prepare land fill sites and incinerators as per the CPCB guidelines and only after prior approval of the CPCB. This action should be taken in a time bound manner.

12. That the above conditions also apply to other ship breaking activities in other Coastal States also.

2013 Hazardous Waste Management, Ship-Breaking....... 117 The Supreme Court of India constituted Monitoring Committee to ensure that the generation of hazardous waste is minimum and it is properly handled in every State and to oversee the compliance of law, directions of this Court and Rules and Regulations.

1) Impact on environment, health, pollution and safety for the workers through informal recycling activities is required to be assessed though the impact may not be severe, some measurement is necessary for preventive reason.

2) While some regulating law and rules are established for hazardous wastes from the industrial sources, there is no regulating legal framework for such wastes as e-waste and plastics is established.

3) Lack of awareness among some waste generators and waste treaters: Among the some waste generators as well as waste treating facility, level of the awareness for paying proper cost for the waste management in environmentally sound manners is not high enough. Awareness raising activities are necessary to improve the situation so that the waste treating industries are more economically viable and trigger further investment of the state of the art waste recovering technology.

4) Management, monitoring and implementing capacity: It can be enhanced among the regulators. Regulating body has the important role to make sure the proper waste treatment activities being conducted in environmentally sound manner.

VI. CONCLUSION With increasing costs of ship breaking in developed countries, ship owners are now disposing of their ships in China, Turkey and South Asia (primarily Bangladesh, India, and Pakistan) to take advantage of low labor costs and lax environmental regulations.  The  industry driven economy  of India’s  has resulted in  hazardous waste problems, which are difficult to manage in an environmentally friendly manner. The non-enforcement of ‘Polluter Pays’ principle, continuation of import of hazardous wastes despite the ban, absence of proper infrastructure viz. centralized disposal facilities and lack of technical and financial resources have led to the unscientific disposal of hazardous wastes posing serious threat to human, animal and plant life. A High Power Committee (HPC) on hazardous waste management, constituted by the Hon’ble Supreme Court of India in 1997, made similar observation and conclude that the hazardous wastes situation in India is fairly grim. Thus, there is an urgent need for formulating proper hazardous waste management strategies, implementation of hazardous wastes management regulations and establishment of proper hazardous waste treatment and disposal facilities (HWTDF) for controlling the unscientific disposal of hazardous wastes.

It cannot be disputed that no development is possible without some adverse effect on the ecology and environment, and the projects of public utility cannot be abandoned and it is necessary to adjust the interest of the people as well as the necessity to maintain the environment. A balance has to be struck between the two interests. Where the commercial venture or enterprise would bring in results which are far more useful for the people, difficulty of a small number of people has to be bypassed. The comparative hardships have to be balanced and the convenience and benefit to a larger section of the people has to get primacy over comparatively lesser hardship With minimal or nonexistent protections for human health or the environment, ship breaking has resulted in substantial releases of toxic chemicals (i.e. asbestos, PCBs) into the environment and significant damage to the human health of the workers and their families. Regrettably, ship breaking is also a big business.





118 THE BANARAS LAW JOURNAL [Vol. 42] The value-added industrial waste management and recycling system is required to be developed with the legal framework for industrial waste management and recycle activities. The legal framework of the waste management and recycling system operation is a crucial element for realizing sound social and industrial development among the society. At the international level, India should participate in meetings on ship breaking at the level of the International Maritime Organisation and the Basel Convention’s Technical Working Group with a clear mandate for the decontamination of ships of their hazardous substances such as asbestos, waste oil, gas and PCBs prior to exports to India for breaking.

The industrial hazardous waste of 1.7 million tons is generated in a year in Gujarat and the current treatment capacity is not sufficient enough to manage such volume of waste The industrial waste recycle system can be attained with technical co-operation from the foreign companies. Training and capacity development program for the collection of recyclable waste is also necessary.

(2) Legal framework for supporting environmental friendly social and industrial development is required.

For this the help of private environment-related project developers and technology providers can be sought so that the chance of developing a more environmentally sound operations and new arena of environmental business development can take place.

Our livelihood depends on a healthy ocean. We cannot afford to use it as a waste dump.

Polluters must take responsibility to manage their own waste and ensure that their waste is not someone-else’s problem. Profit and convenience must not be gained at the cost of the environment and people’s wellbeing.

BOOK REVIEW Vol. 42, No. 2, Ban.L.J. (2013) 119-120 Commentary on The Indian Penal Code (2nd ed., 2013) By K. D. Gaur, Universal Law Publishing Co. Pvt. Ltd., Delhi. Pp. clix + 1540, Price Rs. 1795/= Statute is formal expression of will of the Legislature. A law, passed by the Legislature, known as an Act or Statute expressed in writing, and declares, proscribes, or commands something, i.e. basically human behabiour. Since the dawn of human civilization wrongful act if caused by an individual against another one, it was either retaliated or avenged by the victim himself or by his kin some. With a gradual transition to a situation that had taken place in due course of development, organized institutions evolved and certain commission or omission of an act identified to be forbidden on pain of punishment by the State. It was recognized on all hands that apart from liability for reparation or compensation, which everyone who wrongs another must incur and pay the wronged individual, State also handled to impose certain penalties with the object of preserving peace and tranquility in the society and promoting good behavior towards each other and community as a whole. Now, what acts or omissions should singled out for punishment, be branded as crime, has always depended on the force, vigour and movement of public opinion from time to time and country to country and even in the same country from decade to decade. In fact, this position suggests that crime is something that is product of culturally-bounded social interaction. It is label applied, under circumstances, to certain acts (or omissions). Within a broad spectrum of cultural and historical variations, crime constitutes the intentional commission of an act prohibited by law or omission of duty recommended by law as described in codifications or legislations in the contemporary world.

The Indian Penal Code 1860, an exhaustive Criminal Code of the world, saw its advent long before Indian gave themselves this freedom, yet this cast–iron British frame still survives to cater our pure native system. The Code, undoubtedly, is a master piece in the history of legislation. Its utility and efficacy in the modern India shows its maker’s foresightedness towards progressive Indian societal structure. Our Criminal Laws take care of probabilities, proofs, circumstantial evidences, and concrete evidencecontemporary, historical and even mythological. The foundation of the Indian Penal Code laid down more than 150 years ago and different authors commented from various angles on its provisions since then. Sir James Stephen, Mayne, Dr. H. S. Gaur, S. S.

Huda, Rahi and R. C. Nigam scholarly enriched the corpus juris of India and explained the Penal Law to coordinate the intrinsic and complex problems faced by not only Bar, but Bench and Scholars also.

The book in hand ‘Commentary on the Indian Penal Code’ written by K. D.

Gaur is widely known and a welcomed edition to the students of Law. The entire arrangement of the book is highly appreciable. The book focuses mainly on the commentary of the Sections, explains the provisions along with analysis of decided cases and classifies every offence narrating its ingredients in detail. Though, writing a commentary on the Code is uphill task to any commentator, nevertheless, Dr. Gaur’s Commentary on the Code provides a detail analysis of different provisions in reference to the Commonwealth and US cases also. Author has taken into consideration all the pertinent issues while commenting on the different provisions of the Code relating to 2013 Book Review 120 certain socio-cultural developments having impacts on the working of law in India.

This book is intended for the new, or relatively new, student of Criminal Law. As such the aim is to be accessible and engaging and to this end the book contains a number of features which would help the readers get the most from the text.

The General Introduction part especially mentioned in the book is more informative with regard to the substantive part- origin, concept, theories and other discussions about Indian Criminal Justice system. After the opening chapter, the whole book is divided into twenty three chapters as enacted in the Code (containing 511 Sections) and elaborately discussed commenting upon with the view that readers can understand the law when they meet them. The chapters carefully arranged resonate in a familiar to legal experts and some use it becomes contagious. Apart from a traditional emphasis on adherence to law, the book also comes out with suggestions which generate a novel idea which really helps in growth of law. The author has touched the emerging trends and new challenges in the area of Criminal Law to the place wherever needed.

Violation of Human Rights, State sponsored crimes; criminal acts against religion, environment, consumers, and women even against information technology (cyber crime) have also been elaborated in the book in very lucid manner and the aim of author is to cover full range of all offences described in the Code in a single volume. New development, either by legislation or by judicial interpretations is given in the book in proper way at proper place.

The language of the commentary in the book is digestible and readers friendly.

The readable style of language makes it popular. The book is useful for LLB and LLM students sitting examination on Indian Criminal Law in their even or odd semesters.

Author hopes that persons with little or no access to law libraries will find the text helpful and for those studying for other qualifications pursuing private study as well.

The book, which is analytical in nature, covers also those areas of substantive Criminal Law which are traditionally covered in a Criminal Law course, and those topics are presented in the way in which it normally taught. It seems that author has focused on what is sometimes called the ‘internal critique of the law’, in order to bring out any conceptual inconsistencies and to trace the areas those present difficulties. Annexure I & II given at the end in the book discuss the new horizons of criminal jurisprudence.

The author deserves appreciation in his attempt by giving a critical commentary on the Code because of his long experience of teaching and visiting across the world, there are little topographical errors in the book. The book in hand is not available at an affordable price to the students particularly of rural areas.

–  –  –

LL.M. (HRDE) Sr. Student’s Name Supervisor’s Name Topic No.

1. Abhishek Singh Dr. N.K. Mishra Emerging Issues and Liabilities for Crime Victim in India

2. Aftab Alam Ansari Prof. B.C. Nirmal Implementation and Enforcement of the

Chemical Weapons Convention :

Problem and Challenges

3. Akhilesh Kumar Smt. Babita Baiereya Rights of Aged Person: A critical Appraisal 4. Child Soldier and International Binod Kumar Choudhary Dr. V.K. Saroj Humanitarian Law

5. Dhiraj Kumar Dixit Dr. V.P. Singh Human Rights and Right to Health in India

6. Km. Ekta Dubey Dr. J.P. Rai Legal Control of Female Foeticide: The Indian Experience

7. Mukesh Kumar Dr. V.K. Saroj Role of UNHCR in Protection of Internally Displaced Persons

8. Naveen Kumar Verma Dr. A.K. Singh Surrogate Motherhood in India: Legal Ethical and Human Rights Issues

9. Pankaj Kumar Dr. A.K. Singh Role of Indian Judiciary in Protection of Human Rights of Prisoners 10. Km. Abha Trivedi Sexual Harassment of Working Women Pappu Kumar Singh in India: Human Rights Perspective

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