SUMMARY OF ARGUMENTS

ISSUE I

Whether the workers union have Locus Standi?

It is humbly submitted that, since Fundamental Rights of any group of Individuals have not been
violated in the order of National Green Tribunal and hence the workers union does not have
Locus Standi.

ISSUE II

Whether the Principles of Natural Justice was followed by National Green

Tribunal?
It is humbly submitted that, Principles of Natural Justice was followed by National Green
Tribunal. no violation of the rights of the Indigenous people has occurred since, no special right
is per se granted to the Indigenous people in Rambo. Also, the Government was only
safeguarding the right to free movement as guaranteed under Article 19 of the migrant
population. The Cutting of forests of Roah wasn’t arbitrary as the Government followed the
principle of Social and Economic Justice, thus, meeting the test of reasonableness. It is further
submitted that since no right has been violated the need for rehabilitation doesn’t arise.

ISSUE III

Whether the order is violative of Article 21 of the Constitution?

The Union of Rambo and Maraco International Ltd. cannot be made liable for the degradation of
environment, since, the sea wall construction site which was located on the coast was out of
extreme necessity and so the company is not liable for the pollution. Further, the Union of
Rambo is not liable for climate change in Pongean Sea, since, the claim is based on a report
whose validity cannot be corroborated, following which both Union of Rambo and MIL are not
liable to pay compensation.
ARGUMENTS ADVANCED

I. Whether the workers union have Locus Standi?

1. As per the decision of the Honorable Supreme Court in case of Jasbhai Motibhai Desai
v. Roshan Kumar, in order to have locus standi to invoke certiorari jurisdiction, the
petitioner should be an “aggrieved person”. In this case, the workers union’s stand is that
the order of National Green Tribunal for total ban on the sale and use of firecrackers for
this Deepavali in the State of Sindhiyana has affected the livelihood of the workers in
this industry.

2. In this case, ban on the sale and use of firecrackers for this Deepavali in the State of
Sindhiyana was made considering the poor ambient air quality index which had crossed
150 as well as the dangerous levels of its particulate matter which had reached 2.5 which
is considered to be unhealthy. This ban is only for a short period, ie Deepavali period
and is limited to the State of Sindhiyana. This would not affect the livelihood of the
workers as described by the petitioner since State of Sindhiyana is a small market for the
industry with only 15% market share.

3. In the light of the above discussion, it is demonstrably clear that the petitioner has not
been denied or deprived of a legal right. The workers union has not sustained injury to
any legally protected interest. In fact, the impugned order does not operate as a decision
against workers union, much less does it wrongfully affect workers union’s title to
something. Workers union has not been subjected to a legal wrong. Workers union has
suffered no legal grievance. Workers union has no legal peg for a justiciable claim to
hang on. Therefore workers union is not a 'person aggrieved' and has no locus standi to
challenge the ban on the sale and use of firecrackers for this Deepavali in the State of
Sindhiyana.

II. Whether the Principles of Natural Justice was followed by National Green
Tribunal?

4. The use of fireworks in the State of Sindhiyana has posed a serious problem to the
quality of the air during the week of Deepavali, which followed by usage of crackers
during the weddings in the winter season. That the quality of air in the months of
October, November and December has deteriorated to catastrophic levels. With each
passing year the issue of extreme smog in the State of Sindhiyana is becoming more and
more deadly. It is essential to highlight here that on 02.11.2020, State of Sindhiyana’s
air quality was in the “very poor” category, as per the data from the Central Pollution
Control Board (CPCB). The State of Sindhiyana recorded an Air Quality Index (AQI) of
 310 at 7 am.

5. In this regard, the, the situation has become more hazardous in 2020 because of the on-
going corona pandemic. According to the state health department, 4,001 fresh cases
were detected in State of Sindhiyana in the last 24 hours, pushing the total tally more
than 3.96 lakh. In fact, in the wake of the deadly coronavirus disease (Covid-19)
pandemic and rising pollution in the state, the state government has also launched an
anti-firecracker campaign from November 3rd, 2020.

6. In O.A. No. 255/2020, Chirag Jain vs. Govt. of NCT of Delhi, the applicant has stated as
follows:

“That currently we are undergoing an unprecedented time in our country with the
ongoing pandemic of COVID-19, cases of which are sure to rise with the advent of
winters in Delhi. That it is now a common knowledge that the respiratory system is
immensely adversely affected by the COVID-19 virus and that the same stress will
increase manifold with the increase in the air pollution in the area of Delhi. It is also
the view of the Government both of the NCT of Delhi as well as the Central
Government. It has been stated in the media that the onset of winter season and rising
air pollution in Delhi NCR shall aggravate the pandemic and may affect vulnerable
groups and could lead to a drastic increase in the fatality rate in the country.

Delhi is encircled by Haryana from three sides and Uttar Pradesh on its eastern side.
Delhi is a bowl state, in sense that, thickly populated cities like Noida, Ghaziabad,
Faridabad and Gurugram encircle it and that the wind cycle from the areas
surrounding the city coagulate the wind of the city. With the ongoing burning of stubble
in the northern regions of the country the downwind brings all the smoke residue into
the city due to which the entire region which is referred as NCR is predominated with
high background dust, intensified industrial activities, high vehicular density, issues of
re-suspension of dust etc. that are some of the primary causes of the deteriorating air
quality in Delhi NCR.

The Air Quality Index (AQI) of Delhi and adjoining cities more or less is a testimony of
the same. With the exception of monsoon season, AQI of the region more or less remains
in the above 'Moderate’ category. Therefore, there is an imminent need for actions to be
taken for regulating various activities which have been identified as pollution
contributors in the region.

As per the statement of the Health Minister of Delhi, an expert panel had been
constituted by the Government which gave an indication that the COVID-19 cases in
 Delhi may go up to 15000 per day. This has been attributed on account of the onset of
festival season, harsh winter conditions and rising air pollution levels.

There is also no mention on the regulation of firecrackers in Graded Response Action

Plan (GRAP) perhaps with the view that their use is for limited period. However, such a
stand is not correct owing to the fact it is contrary to the Air Act and considering that
post the Diwali Day, the sky is engulfed with smoke. Deepavali celebrations with
Firecrackers is not an integral part of the traditional celebrations.”

7. It is submitted that air pollution increases the risk of mortality from Covid-19. Reliance
has been placed on the following studies:

a) ‘A. Pozzer et al, ‘Regional and global contributions of air pollution to the risk of
death from COVID-19’ Cardiovascular Research revised on 3.10.2020.
b) Aparna Banerjea, ‘After studies, it’s clear that air pollution contributes to Covid
mortality: ICMR’ Mint, 27 October 2020.
c) Sandipan Talukdar, ‘Air Pollution May Account for 15% of COVID-19 Deaths
Worldwide, Says New Study’, News Click, 28 October 2020.
d) The CPCB report tilted ‘Report on Ambient Noise Levels & Ambient Air Quality
during Deepawali Festival 2018 & 2019’.
e) ‘State of Global Air 2020’ report released by the Health Effects Institute and the
Institute for Health Metrics and Evaluation’s Global Burden of Disease Project.
f) Report: ‘India recorded highest infant deaths due to air pollution in 2019, shows
study’, Scroll.in, 21 October 2020.”

8. In ‘A. Pozzer et al, ‘Regional and global contributions of air pollution to risk of death
from COVID-19’ Cardiovascular Research, which is an article published by the
European Society of Cardiology, revised on 03.10.2020, a study has been conducted
about the nexus of Covid-19 and air pollution using relevant data and attributable
fraction. It is opined that both the air pollutant PM2.5 and the SARS-CoV-2 virus enter
the lungs via the bronchial system (portal organ), with potential systemic health impacts
through the blood circulation. Both PM2.5 and SARS-CoV-2 cause vascular endothelial
dysfunction, oxidative stress, inflammatory responses, thrombosis, and an increase in
immune cells. The SARSCoV-2 infection facilitates the induction of endothelial
inflammation in several organs as a direct consequence of viral cytotoxic effects and the
host inflammatory response, which can aggravate pre-existing chronic respiratory and
vascular (coronary) dysfunction, and cause lung injury by alveolar damage, as well as
stroke and myocardial infarction by inducing plaque rupture. Potential common
pathophysiological mechanisms of increased risk thus relate to endothelial injury and
pathways that regulate immune function. Further, there are strong indications of
 increased susceptibility to viral infections from exposure to air pollution.

9. In article by Aparna Banerjea titled ‘After studies, it’s clear that air pollution contributes
to Covid mortality: ICMR’ Mint, 27 October 2020’, it is mentioned that the ICMR
studies have proved that longterm exposure to air pollution has been linked to an
increased risk of dying from Covid-19. It is further stated that there have been studies
from Europe and US, where they have looked at polluted areas and have compared
mortality during lockdown and correlation with pollution. “It is found that pollution is
contributing to mortality in COVID, that's well established by studies," said Dr. Balram
Bhargava, DG ICMR, in a health ministry briefing today.

10. In article by Sandipan Talukdar titled ‘Air Pollution May Account for 15% of COVID-
19 Deaths Worldwide, Says New Study’, News Click, 28 October 2020, similar
observations have been made.

On the mechanism of how PM2.5 can aggravate the respiratory disease, Prof. Thomas
Munzel of Gutenberg University, Germany, said “When people inhale polluted air, the
very small polluting particles, the PM2.5, migrate from the lungs to the blood and blood
vessels, causing inflammation and severe oxidative stress, which is an imbalance
between free radicals and oxidants in the body that normally repair damage to cells. This
causes damage to the inner lining of arteries, the endothelium, and leads to the
narrowing and stiffening of the arteries. The COVID-19 virus also enters the body via
the lungs, causing similar damage to blood vessels, and it is now considered to be an
endothelial disease.”

11. Conclusion of The CPCB report tilted ‘Report on Ambient Noise Levels & Ambient Air
Quality during Deepavali Festival 2018 & 2019’ is as follows:
a) “On Deepwali day PM2.5 concentrations were found to be 5.0 to 6.0 times
higher than pre-Deepawali average levels across various cities. Maximum
increase was observed in Delhi (6.0 times) followed by Bengaluru (2.2 times),
Kolkata (1.4 times) and Lucknow (1.1 times). Bhopal recorded minimum
increase in PM2.5”
b) “SO2 was found within prescribed NAAQS (80 ug/m3) limits during the entire
monitoring period including 27th October, 2019 (Deepawali day)”
c) Similarly, NO2 was also found to be within prescribed NAAQS limit in all the
cities during monitoring period
d) During post Deepawali period PM10 concentration was reduced by 14-42% in
different cities compared to Deepawali day level. Agra has 7% increase in
PM10 during post Deepawali period. Maximum reduction was observed in
Vadodara (42.5%) and minimum at Lucknow (14%). In Delhi PM10 was
reduced by 27% in post Deepawali period compared to Deepawali peak
12. In ‘State of Global Air 2020’ report released by the Health Effects Institute and the
Institute for Health Metrics and Evaluation’s Global Burden of Disease Project, it is
stated that:
“Extensive evidence links exposure to air pollution with higher rates of respiratory and
cardiovascular diseases including lower respiratory infections. Could air pollution also
increase a person’s risk of developing a COVID-19 respiratory infection or suffering its
most severe complications?

There is reason to believe it could SARS-CoV-2, the corona virus that causes COVID-
19, is a respiratory virus that can affect the lungs, blood vessels, and many other parts
of the body. Exposure to air pollution has been shown to affect the body’s immune
defense, making an individual more susceptible to respiratory and other infections. In
addition, many of the health conditions that have been associated with increased
vulnerability to COVID-19-such as diabetes, cardiovascular disease, and chronic
obstructive lung diseases-are also caused by long-term exposure to air pollution.”

13. Following media reports have also been referred to:

a) ‘Coronavirus: Delhi health minister blames pollution, winters, festive
season for rise in cases’, Scroll.in, 31 October 2020
b) Abantika Ghosh, ‘Covid virus found on pollution particles, masks &
social distancing a must, say govt experts’, ThePrint,27 October 2020
c) Durgesh Nandan Jha, ‘From Record 5.9k Last Fri, City Cases Soar To
6,725’, The Times of India, 4 November 2020.

The above media reports refer to the nexus between air pollution and deaths and diseases
particularly during winter and festive season with reference to the statements of the
Delhi Health Minister and the Union Health Minister in support of the said statement.
There is further reference to apprehended increase of Covid cases on account of
increased air pollution.

14. Right to earning a livelihood at the cost of severe health risks and damage to the
environment should not be treated as a constitutional right. There has been plethora of
literature that is publicly available to show that air pollution leads to several diseases and
discomfort.

According to study from Harvard T.H. Chan School of Public Health, people who live in
regions with high levels of air pollution are more likely to die from the disease than
people who live in less polluted areas. Therefore, there exists a clear nexus between the
rising air pollution and COVID-19 related deaths.

Harsh winter periods in State of Sindhiyana also results in reduction in the mixing
heights thereby locking the pollutants and leading to hazy and poor visibility conditions.
 The emissions from different parts of State of Sindhiyana are almost identical and State
of Sindhiyana gets locked experiencing the most unbearable conditions. Undoubtedly,
the community at large has to live under distressed conditions.

It is a well-established fact that fire crackers emit poisonous gases like SO2, NOX, CO
as well as the metal besides creating noise. The Government of Bindia and the
Government of Sindhiyana have accepted in Media that air pollution and the winter
conditions will lead to a surge in the COVID-19 cases and the most vulnerable groups
will be the ones that could potentially suffer from respiratory/pulmonary diseases,
hypertension and other such ailments. They might also lack the financial resources to
seek the help of any medical institution. This also places an additional burden on the
healthcare system of the country that is already struggling with shortage of beds, lack of
PPE kits etc.”

15. Financial loss or loss of employment cannot be a consideration not to remedy the
situation affecting lives and health of the citizens by pollution, aggravated by Covid.
While it is true that any restriction on sale and use of crackers may affect the business
and employment, at the same time if use of crackers results in pollution and affects life
and health of the citizens and the environment, such use may have to be
restricted/prohibited to effectuate the ‘Sustainable Development’ principle of which
‘Precautionary’ principle is a part, as per mandate of Section 20 read with Section 15 of
the National Green Tribunal Act, 2010. Citizens are entitled to breathe fresh air which
right cannot be defeated on the ground that enforcement of such right will lead to
closing of such business activity. If authorities, do not take action, the Tribunal has to
exercise its jurisdiction.

16. The matter is no longer res integra. Right of trade is not absolute and is to be subject to
the ‘Sustainable Development’ principle, which is part of right to life. In emergency
situation, emergency measures may be required in the interest of life and health of the
citizens.

17. From the above discussions, it can be summarized that the usage of fire crackers impose
serious danger to the health and wellbeing of the people and society at large in the State
of Sindhiyana. This would be a more serious issue at the time of a Pandemic of the scale
of Covid – 19. As pointed out in para 10, Right to earning a livelihood at the cost of
severe health risks and damage to the environment should not be treated as a
constitutional right. Hence, it is argued that the Principles of Natural Justice was
followed by the National Green Tribunal.
III.Whether the order is violative of Article 21 of the Constitution?

1. The COVID-19 pandemic, also known as the coronavirus pandemic, is an

ongoing global pandemic of coronavirus disease 2019 (COVID-19) caused by severe acute
respiratory syndrome coronavirus 2 (SARS-CoV-2). This pandemic has badly affected
several sectors economically across the globe as well as in Bindia, Tourism, Travel,
Aviation, Agriculture, Oil & Gas, etc.. to name a few sectors which has taken the hit.
Government has brought in lock down measures which again affected the economy.
Since these measures are for the common good of the general public and for the country
as a whole, the argument to withdraw these measures as it affects the livelihood of the
people working in these sectors would not hold good.

2. Article 21 reads as “No person shall be deprived of his life or personal liberty except
according to a procedure established by law”. However, In Re: Sant Ram Vs
Unknown on 7 April, 1960, Honorable Supreme Court of India categorically stated as
follows:

“The question of livelihood has not in terms been dealt with by Article 21 of the
Constitution. That question is included in the freedoms enumerated in Article 19,
particularly clause (g), or even in Article 16  in a limited sense, but the language
of Article 21 cannot be pressed into aid of the argument that the word "life" in Article
21  includes "livelihood" also”.

3. Without prejudice to the above, if at all Right to livelihood is considered as a Right

under the Article 21, Right to clean air and environment for the entire population of the
State of Sindhiyana would outweigh the negative economic impact if any on the Right to
livelihood of the workers in the industry. To reiterate, Right to earning a livelihood at
the cost of severe health risks to the public at large and damage to the environment
should not be treated as a constitutional right.

4. From the above discussions, it may be summarized that the order passed by the National
Green Tribunal for the total ban on the sale and use of firecrackers during Covid-19
pandemic in the State of Sindhiyana for the period of deepavali is not violative of
Article 21. Rather, this order uphelds the intention of law by protecting the Right to life
of the people of State of Sindhiyana by directing the government to ensure clean air and
environment.