Environment and Human Rights Law MCQ Quiz - Objective Question with Answer for Environment and Human Rights Law - Download Free PDF

The correct answer is Statutory body.

Key Points

• The National Human Rights Commission (NHRC) was established under the Protection of Human Rights Act, 1993, making it a statutory body.
• NHRC's primary function is to protect and promote human rights, including rights related to life, liberty, equality, and dignity guaranteed under the Constitution and international covenants.
• It is an independent body with powers to inquire into complaints of human rights violations, intervene in court proceedings, and recommend measures for better protection of rights.
• The NHRC is not a constitutional body; it derives its authority from a statute passed by Parliament.
• It is empowered to review laws, policies, and administrative actions to ensure alignment with human rights principles.

Additional Information

• Statutory Body
  • A statutory body is created by an act of Parliament or state legislature and has defined powers and functions under the law.
  • Examples include the National Green Tribunal (NGT), Central Information Commission (CIC), and Securities and Exchange Board of India (SEBI).
• Constitutional Body
  • Constitutional bodies are explicitly established by the Constitution of India, such as the Election Commission of India or the Comptroller and Auditor General (CAG).
  • The NHRC is not a constitutional body since it was created by a statutory law and not the Constitution.
• Executive Body
  • Executive bodies operate under the direct control of the executive branch of the government and do not have statutory or constitutional status.
  • NHRC is not an executive body as it functions independently under the framework of the Protection of Human Rights Act, 1993.
• NHRC Powers and Limitations
  • NHRC can investigate complaints of human rights violations and recommend corrective measures but does not have the power to enforce its recommendations.
  • It can intervene in court cases related to human rights and review existing laws and policies to suggest amendments.

The correct answer is 'National Green Tribunal'

Key Points

• National Green Tribunal:
  • The National Green Tribunal (NGT) was established in 2010 under the National Green Tribunal Act, 2010.
  • It was set up as a specialized judicial body for the effective and expeditious disposal of cases related to environmental protection and conservation of forests and other natural resources.
  • The tribunal is empowered to handle matters relating to environmental protection, enforcement of legal rights relating to the environment, and the granting of relief and compensation for damages caused to persons and property.
  • NGT is known for its swift decision-making process, ensuring that environmental cases are resolved without unnecessary delays.
  • The tribunal has jurisdiction over all civil cases involving substantial environmental questions linked to the implementation of environmental laws.

Additional Information

• Central Pollution Control Board (CPCB):
  • The CPCB is a statutory organization under the Ministry of Environment, Forest, and Climate Change established in 1974 under the Water (Prevention and Control of Pollution) Act.
  • Its primary role is to promote cleanliness of streams, wells, and air pollution control across India. However, it does not function as a judicial authority for environmental cases.
• State Pollution Control Board:
  • State Pollution Control Boards are regional bodies established under the Water (Prevention and Control of Pollution) Act, 1974, to ensure compliance with environmental norms at the state level.
  • They are responsible for monitoring pollution levels and enforcing pollution control measures but do not have judicial powers to resolve environmental disputes.
• Environmental Tribunal:
  • While the term 'Environmental Tribunal' might refer to judicial bodies dealing with environmental issues, India has specifically established the National Green Tribunal for this purpose.
  • The Environmental Tribunal is not a distinct entity in India, as the NGT fulfills this role comprehensively.

The correct answer is 'The National Green Tribunal adopted the pragmatic "consultative and deliberated" approach in this case.'

Key Points

• Vardhaman Kaushik v/s Union of India case overview:
  • This case focused on addressing the growing menace of air pollution in Delhi and the surrounding National Capital Region (NCR).
  • The petitioner approached the National Green Tribunal (NGT) seeking intervention to combat deteriorating air quality caused by vehicular emissions, construction dust, crop residue burning, and other factors.
  • The NGT took a proactive stance to address the issue, reflecting its commitment to environmental protection.
• Unique approach adopted by NGT:
  • The tribunal adopted a "consultative and deliberated" approach, involving various stakeholders such as government agencies, pollution control boards, and experts.
  • Instead of merely passing directives, the NGT emphasized collaboration and implementation of practical solutions.
  • For instance, the tribunal directed measures like restricting vehicular emissions, controlling dust from construction activities, and implementing long-term plans for pollution control.
  • This approach was pragmatic as it aimed to ensure compliance and effective resolution of the issue rather than focusing solely on punitive measures.

Additional Information

• Explanation of incorrect options:
  • (A) The NGT rejected the petition for want of locus standi for the petitioner: This is incorrect because the tribunal did not reject the petition on this basis. In fact, the NGT actively engaged with the petition, recognizing the seriousness of air pollution in the region.
  • (C) The NGT rejected the petition for want of jurisdiction in the matter: This is incorrect as the NGT has jurisdiction over cases related to environmental issues and exercised its powers effectively in this case.
  • (D) The NGT permitted the burning of crop remnant in agricultural fields falling in NCR Delhi: This is incorrect because the tribunal took steps to curb practices like crop residue burning, which contribute significantly to air pollution in the region.
• Importance of the case:
  • The case underscored the role of the NGT in addressing environmental challenges using a balanced and pragmatic approach.
  • It highlighted the need for multi-stakeholder efforts and long-term planning to resolve complex environmental issues like air pollution.

The correct answer is 'Plants and Animals, and Microorganisms or parts of their genetic material.'

Key Points

• Definition of Biological Resources:
  • The Biological Diversity Amendment Act, 2023 refines the definition of biological resources to encompass plants, animals, microorganisms, or parts of these, including genetic material.
  • It explicitly excludes human genetic material from the definition of biological resources to address ethical concerns and ensure compliance with international standards.
  • This updated definition aims to safeguard biodiversity while promoting sustainable use and equitable sharing of benefits arising from biological resources.
• Correct Answer Explanation:
  • The inclusion of plants, animals, and microorganisms (or their genetic material) reflects the broad scope of biological diversity covered under the Act.
  • This definition aligns with global frameworks like the Convention on Biological Diversity (CBD), ensuring consistency in biodiversity conservation efforts.

Additional Information

• Incorrect Options:
  • (A) and (C) Only:
    • This option incorrectly includes human genetic material under the definition of biological resources, which is explicitly excluded in the Act.
  • (B) and (C) Only:
    • This option incorrectly focuses on microorganisms and human genetic material, omitting plants and animals, which are integral to the definition of biological resources.
  • (B) and (D) Only:
    • Option D mentions derivatives and value-added products, which are not part of the definition provided by the Biological Diversity Amendment Act, 2023.
• Importance of Updated Definition:
  • The amended definition aims to clarify ambiguities, ensuring better legal and regulatory frameworks for biodiversity protection.
  • It reinforces India's commitment to sustainable development and equitable benefit-sharing arising from the use of biological resources.

The correct answer is 'Option 4: (A)-(II), (B)-(IV), (C)-(I), (D)-(III)'

Key Points

• Forest (Conservation) Act, 1980:
  • This act primarily aims to conserve forests and regulate deforestation by restricting the use of forest land for non-forest purposes.
  • The penalty provisions for violations under this act are covered under Section 3A and 3B, making (A)-(II) the correct match.
• Wildlife Protection Act, 1972:
  • This law seeks to protect wildlife, including flora and fauna, and establish protected areas like national parks and sanctuaries.
  • The penalties for contraventions under this act are outlined in Section 51, making (B)-(IV) the correct match.
• The Environment (Protection) Act, 1986:
  • This act provides a framework for environmental protection in India, empowering the government to take measures to prevent environmental pollution.
  • The penalty provisions are governed by Section 15, making (C)-(I) the correct match.
• National Green Tribunal (NGT) Act, 2010:
  • The NGT Act was enacted to handle cases related to environmental protection and conservation of forests and other natural resources.
  • The penalties for failing to comply with the orders or directions of the NGT are outlined in Section 26, making (D)-(III) the correct match.

Additional Information

• Why other options are incorrect:
  • Option 1: Incorrect because it mismatches the Forest (Conservation) Act, 1980 with Section 15, which is actually associated with the Environment (Protection) Act, 1986.
  • Option 2: Incorrect because it mismatches the NGT Act, 2010 with Section 51, which is actually associated with the Wildlife Protection Act, 1972.
  • Option 3: Incorrect because it mismatches the Forest (Conservation) Act, 1980 with Section 15 and the Wildlife Protection Act, 1972 with Section 26.
• Importance of these Acts:
  • These laws collectively form the backbone of India's legal framework for environmental conservation and protection.
  • They impose stringent penalties for violations, thereby ensuring compliance and safeguarding natural resources.

The correct answer is Statutory body.

Key Points

• The National Human Rights Commission (NHRC) was established under the Protection of Human Rights Act, 1993, making it a statutory body.
• NHRC's primary function is to protect and promote human rights, including rights related to life, liberty, equality, and dignity guaranteed under the Constitution and international covenants.
• It is an independent body with powers to inquire into complaints of human rights violations, intervene in court proceedings, and recommend measures for better protection of rights.
• The NHRC is not a constitutional body; it derives its authority from a statute passed by Parliament.
• It is empowered to review laws, policies, and administrative actions to ensure alignment with human rights principles.

Additional Information

• Statutory Body
  • A statutory body is created by an act of Parliament or state legislature and has defined powers and functions under the law.
  • Examples include the National Green Tribunal (NGT), Central Information Commission (CIC), and Securities and Exchange Board of India (SEBI).
• Constitutional Body
  • Constitutional bodies are explicitly established by the Constitution of India, such as the Election Commission of India or the Comptroller and Auditor General (CAG).
  • The NHRC is not a constitutional body since it was created by a statutory law and not the Constitution.
• Executive Body
  • Executive bodies operate under the direct control of the executive branch of the government and do not have statutory or constitutional status.
  • NHRC is not an executive body as it functions independently under the framework of the Protection of Human Rights Act, 1993.
• NHRC Powers and Limitations
  • NHRC can investigate complaints of human rights violations and recommend corrective measures but does not have the power to enforce its recommendations.
  • It can intervene in court cases related to human rights and review existing laws and policies to suggest amendments.

The correct answer is 'National Green Tribunal'

Key Points

• National Green Tribunal:
  • The National Green Tribunal (NGT) was established in 2010 under the National Green Tribunal Act, 2010.
  • It was set up as a specialized judicial body for the effective and expeditious disposal of cases related to environmental protection and conservation of forests and other natural resources.
  • The tribunal is empowered to handle matters relating to environmental protection, enforcement of legal rights relating to the environment, and the granting of relief and compensation for damages caused to persons and property.
  • NGT is known for its swift decision-making process, ensuring that environmental cases are resolved without unnecessary delays.
  • The tribunal has jurisdiction over all civil cases involving substantial environmental questions linked to the implementation of environmental laws.

Additional Information

• Central Pollution Control Board (CPCB):
  • The CPCB is a statutory organization under the Ministry of Environment, Forest, and Climate Change established in 1974 under the Water (Prevention and Control of Pollution) Act.
  • Its primary role is to promote cleanliness of streams, wells, and air pollution control across India. However, it does not function as a judicial authority for environmental cases.
• State Pollution Control Board:
  • State Pollution Control Boards are regional bodies established under the Water (Prevention and Control of Pollution) Act, 1974, to ensure compliance with environmental norms at the state level.
  • They are responsible for monitoring pollution levels and enforcing pollution control measures but do not have judicial powers to resolve environmental disputes.
• Environmental Tribunal:
  • While the term 'Environmental Tribunal' might refer to judicial bodies dealing with environmental issues, India has specifically established the National Green Tribunal for this purpose.
  • The Environmental Tribunal is not a distinct entity in India, as the NGT fulfills this role comprehensively.

The correct answer is 1987.

Key Points

• Introduction:
  • The Air (Prevention and Control of Pollution) Act, 1981, was established to combat air pollution in India by controlling emissions of pollutants from industrial plants and automobiles.
  • Initially, the Act primarily focused on air pollution caused by industrial and vehicular emissions.
• Noise Pollution Inclusion:
  • In 1987, an amendment was made to the Air Act to include noise pollution under its purview.
  • This change was necessitated by the growing recognition of noise as a significant pollutant that affects public health and the environment.

Additional Information

• Option 1 (1981):
  • The Air Act was initially enacted in 1981 but did not include noise pollution at that time.
• Option 3 (1982):
  • No significant amendments related to noise pollution were made to the Air Act in 1982.
• Option 4 (2000):
  • By 2000, noise pollution had already been included in the Air Act, so this option is incorrect.

 The correct answer is 3) Brundtland Report.

Key Points

• The Brundtland Commission, officially known as the World Commission on Environment & Development (WCED), released "Our Common Future" in 1987, which popularized and defined the term "Sustainable Development."
• The Brundtland Commission was created by the United Nations to suggest measures to protect the human environment and natural resources and prevent deterioration of economic and social development.
• The mission of the Brundtland Commission is to unite countries to pursue sustainable development together.

Key Points

Statement A: State of Orissa V/S Rabindranath Dalai and others
This case does not specifically relate to environmental protection. It may involve other legal or constitutional matters but is not widely recognized as a landmark case in environmental law.
Hence, Statement A is incorrect.
Statement B: Subhash Kumar V/S State of Bihar and others
This is a landmark case related to environmental protection in India. In this case, the Supreme Court recognized the right to a pollution-free environment as a part of the right to life under Article 21 of the Constitution.
Hence, Statement B is correct.
Statement C: Almitra H Patel and others V/s Union of India and others
This case is related to waste management and environmental protection in India. It dealt with issues regarding solid waste management practices in cities and towns, highlighting the importance of sustainable waste management for environmental protection.
Hence, Statement C is correct.
Statement D: M. C. Mehta V/s Union of India
M.C. Mehta has been involved in several landmark cases related to environmental protection in India, advocating for the Ganga pollution case, air pollution in Delhi, among others. The name M.C. Mehta is synonymous with environmental activism in the Indian legal context.
Hence, Statement D is correct.
Statement E: Kashi Ram and others V/S State of Rajasthan
This case might not be as widely recognized in the context of environmental protection as the others mentioned. Without specific details, it's challenging to ascertain its relevance directly to landmark environmental law cases.
Given the lack of clear association with a major environmental protection issue in public records, we may consider Statement E as not specifically correct in the context provided.
Conclusion:
The correct answer is B, C, and D only which makes option 4 the right choice.
Subhash Kumar V/S State of Bihar and others, Almitra H Patel and others V/s Union of India and others, and M. C. Mehta V/s Union of India are all significant cases related to environmental protection, highlighting issues from pollution control to sustainable waste management and the right to a clean environment as a part of the right to life.

Key Points

Correct Answer Explanation:
A person who has been the Chief Justice of the Supreme Court or a Judge of the Supreme Court can be appointed as the Chairperson of the NHRC. This provision allows for a broad pool of experienced individuals from the highest judicial body in the country, ensuring that the chairperson has a profound understanding of legal and human rights issues.

The correct answer is Option 3.

Key Points

The correct answer is 'Over all civil cases where a substantial question relating to environment is involved and such question arises out of the implementation of the enactments specified in Schedule I'

Key Points

• Jurisdiction of National Green Tribunal (NGT):
  • The National Green Tribunal (NGT) has jurisdiction over all civil cases where a substantial question relating to the environment is involved and such a question arises out of the implementation of the enactments specified in Schedule I of the NGT Act.
  • This includes legislation related to environmental protection, conservation of forests, and other natural resources.
  • The NGT was established for the effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources.
  • It aims to provide a specialized forum for adjudicating environmental disputes involving multi-disciplinary issues.

Additional Information

• Over all civil and criminal cases where substantial question relating to environment has arisen:
  • This option is incorrect because the NGT does not have jurisdiction over criminal cases. Its jurisdiction is limited to civil cases involving environmental issues.
• Over all criminal cases involving the question relating to environmental pollution:
  • This option is incorrect as the NGT deals only with civil cases and not criminal cases.
• Over every case relating to environment:
  • This option is incorrect because the NGT's jurisdiction is specific to civil cases involving substantial questions relating to the environment as per the enactments specified in Schedule I, not every environmental case.

Key Points

Statement A: COP 26 : Glasgow Climate Change Conference
This statement is correct. COP 26 indeed took place in Glasgow, Scotland, in 2021. It was a significant meeting where countries updated their plans for reducing emissions and discussed global climate action strategies.
Statement B: COP 25 : Lima Climate Change Conference
This statement is incorrect. COP 25 took place in Madrid, Spain, in 2019, after a last-minute change in venue from Santiago, Chile. The COP that took place in Lima, Peru, was COP 20 in 2014.
Statement C: COP 24 : Marrakesh Climate Change Conference
This statement is incorrect. COP 24 was held in Katowice, Poland, in 2018. The conference focused on finalizing the rules for implementing the Paris Agreement. The COP held in Marrakesh, Morocco, was COP 22 in 2016.
Statement D: COP 22 : Katowice Climate Change Conference
This statement is incorrect. As mentioned above, COP 22 took place in Marrakesh, Morocco, not in Katowice, Poland. COP 24 is the one that was held in Katowice.
Statement E: COP 21 : Paris Climate Change Conference
This statement is correct. COP 21, held in Paris, France, in 2015, was a landmark conference that resulted in the Paris Agreement. This global accord aims to limit global warming to well below 2, preferably to 1.5 degrees Celsius, compared to pre-industrial levels.
Conclusion:
Hence, Statement A (COP 26: Glasgow Climate Change Conference) is correct.
Statement E (COP 21: Paris Climate Change Conference) is also correct.
The other statements are incorrect based on the actual locations and years of the COP conferences mentioned.
Therefore, the correct answer is option 1: A and E only.

The correct option is 1)(a), (b) and (c) are true.

Key Points

• Universal access to affordable, reliable and modern energy services
  • This statement is true.
  • One of the Sustainable Development Goals (SDGs) focuses on ensuring access to affordable, reliable, sustainable, and modern energy for all by 2030 (SDG 7).
  • This goal recognizes the importance of energy in achieving almost all other SDGs, from its role in eradicating poverty through advancements in health, education, water supply and industrialization, to combating climate change.
• Improving the share of renewable energy
  • This statement is also true.
  • Increasing the share of renewable energy in the global energy mix is part of the targets under SDG 7, which aims to substantially increase the share of renewable energy in the global energy mix by 2030.
  • Transitioning to renewable energy sources is crucial for sustainable development and combating climate change.
• Doubling of energy efficiency by 2030
  • This statement is true as well.
  • Another target of SDG 7 is to double the global rate of improvement in energy efficiency by 2030.
  • Improving energy efficiency is seen as a key approach to reducing greenhouse gas emissions and achieving sustainable development.
• Protection of ocean and wetland
  • This statement, however, is not directly related to the specific goals mentioned in SDG 7, which focuses on energy.
  • While protection of oceans and wetlands is critical for sustainable development, it is more directly addressed in other SDGs, such as SDG 14 (Life Below Water) and SDG 15 (Life on Land), rather than the energy-focused SDG 7.

Hence, Statements (a), (b), and (c) are correct, making option 1 the correct answer.