Terms
and Conditions for Users Registering with SoOLEGAL:
By
registering yourself with SoOLEGAL, it is understood and agreed by
you that the Terms and Conditions mentioned herein this document
shall be binding on you at all times during the period of
registration and notwithstanding cessation of your registration with
SoOLEGAL certain Terms and Conditions shall survive.
The
Terms and Conditions will govern your access to and use of the
services through an account and/or accounts and will be treated as
your consent to abide by the Terms and Conditions that you or any
firm (including Law Firm, CA/ CS/ ICWAI or any other Firm) you are
attached with or any Body/ Association of Professionals including but
not limited to any Advocate registered with any Bar Council under The
Advocates Act, 1961, Chartered Accountants registered under The
Chartered Accountants Act, 1949, Company Secretary under The Company
Secretaries Act, 1980, Retired Judge of any Court in India, any
Academician (Legal & others) Student (Legal & others),
Publisher, any Intelligence Service; that you represent ("You")
and collectively would be referred as Registered User of SoOLEGAL
Registered User Services Private Limited. By registering for or using
the services, you will be responsible to abide by the Terms and
Conditions. You shall also abide by the Service Terms and Program
Policies for each service you register for or use in connection with
the SoOLEGAL site.
Eligibility
All
professionals mentioned in the foregoing under various Acts and
Statutes who are eligible to be valid professionals under respective
Acts/ Statutes shall be eligible to register and enroll.
Registration
To
begin the Registration process, you must complete the registration
process for one or more of the Services as you may deem fit per your
requirement. As part of the application, you must provide us with
your (or your Firm's) legal name, date of enrollment with applicable
Statutory Authority and applicable Registration number, present and
permanent/ office/ chamber address, valid phone number and e-mail
address. We may at any time cease providing any or all the Services
at our sole discretion and without notice.
Under
certain circumstances a body/ association of Professionals may enroll
with us and you being a part of such body/ association may become a
registered member of our services by virtue of such enrolment and
only to an extent as provided to you by us and your personal
information may be displayed in our portal. In the event, you wish to
discontinue to avail the service wherein you become a default
registered member due to the body/ association of Professionals to
which you are enrolled to, you may request us through email to have
your name struck off.
Service
Fee Payments
Fee
details are described fully in the applicable Service Terms. You are
responsible for all your expenses in connection with these services
you are availing and entitled to by way of your category of
registration, unless any provision under the Terms and Conditions
provide otherwise. For the SoOLEGAL Site that you register for or use
a Service in connection with, we may require you to submit valid
credit card information from a credit card acceptable by SoOLEGAL
(with respect to such SoOLEGAL Site, "Your Credit Card") as
well as valid bank account information for a bank account in your
name that is with a bank located within India and enabled for Your
Account (which functionality may be modified or discontinued by us at
any time without notice) (with respect to the SoOLEGAL Site, "Your
Bank Account"). You will use only a name you are authorized to
use in connection with the Service and will update such information
as necessary to ensure that it at all times remain accurate and
complete. You authorize us to verify your information (including any
updated information), to obtain credit reports about you from time to
time, to obtain credit authorizations from the issuer of Your Credit
Card, and to charge Your Credit Card or debit Your Bank Account for
any sums payable by you to us (in reimbursement or otherwise). At
SoOLEGAL's option, all payments to you will be made to Your Bank
Account, via cheque or electronic transfers or any other means as
specified by us. You agree that SoOLEGAL shall not be liable for any
failure to make payments to you on account of incomplete or
inaccurate information provided by you with respect to Your Bank
Account.
In
addition to charging payable sums to Your Credit Card, we may instead
choose to either (a) off-set any amounts that are payable by you to
us (in reimbursement or otherwise) against any payments we may make
to you, or (b) invoice you for amounts due to us, in which case you
will pay the invoiced amounts upon receipt. Except as provided
otherwise, all amounts contemplated as per these Terms and Conditions
it will be expressed and displayed in the Local Currency, and all
payments contemplated as per the Terms and Conditions will be made in
the Local Currency. If we discover erroneous or duplicate
transactions, then we reserve the right to seek reimbursement from
you by deducting from future payments owed to you, charging Your
Credit Card, or seeking such reimbursement from you by any other
lawful means; provided that the foregoing will not limit your rights
to pursue any good faith dispute with SoOLEGAL concerning whether any
amounts are payable or due.
If
we reasonably conclude based on information available to us that your
actions and/or performance in connection with these Terms and
Conditions,which may result in a significant number of customer
disputes, chargebacks or other claims in connection with the SoOLEGAL
Site, then we may, in our sole discretion and subject to applicable
Law, delay initiating any payments to be made or that are otherwise
due to you under this Agreement for the shorter of: (a) a period of
one hundred and twenty (120) calendar days following the initial
date of suspension; or (b) completion of any investigation(s)
regarding your actions and/or performance in connection with the
Terms and Conditions. You agree that we are entitled to the interest,
if any, paid on balances maintained as deposits in our bank accounts.
Term
and Termination
The
term of this Agreement will start on the date of your completed
registration for one or more of the Services (the "Effective
Date") and continue until terminated by us or you as provided
below (the "Term"). We may terminate or suspend any Service
immediately in our sole discretion by notice to you for any reason at
any time. You may terminate any Service for any reason at any time in
writing. Termination or suspension of a Service will not terminate or
suspend any other Service unless explicitly provided. Upon
termination, all rights and obligations of both SoOLEGAL and you
shall cease. Any term that expressly survives according to the
applicable Service Terms will only survive termination.
Licence
It
is understood by SoOLEGAL that the information or material that you
provide in the SoOLEGAL portal is your original work and advisory
material which you have proprietary rights to which you grant
SoOLEGAL a royalty-free, non-exclusive, worldwide, irrevocable right
and licence during the Term and for as long thereafter as you are
permitted to grant the said licence under applicable Law to use,
reproduce, perform, display (public communication), distribute,
adapt, modify, re-format, create and exploit derivative works of, and
otherwise commercially or non-commercially exploit in any manner, any
and all of Your Materials, and to sublicense the foregoing rights to
our Affiliates and operators of SoOLEGAL Associated Properties;
provided, however, that we will not alter any of Your Proprietary
Right or Intellectual Property from the form provided by you and
will comply with your removal requests as to specific uses of Your
Copyright (provided you are unable to do so using the standard
functionality made available to you via the applicable SoO-LEGAL Site
or Services); provided further, however, that nothing in this
Agreement will prevent or impair our right to use Your Materials
without your consent to the extent that such use is allowable without
a licence from you or your Affiliates under applicable Law (e.g.,
fair use under copyright law, or any other applicable Intellectual
Property Rights, or valid licence from a third party).
Representations
You
represent and warrant to us that: (a) if you are a Professional Firm,
you are duly registered under applicable Laws, validly existing and
in good standing under the Laws of the territory in which your Firm
is registered and are a resident of India for income tax purposes
every financial year; (b) you have all requisite right, power and
authority to agree to the Terms and Conditions & perform your
obligations and grant the rights, licences and authorizations you
grant hereunder; (c) you and all of your affiliates, associates will
comply with all applicable Laws in your performance of your
obligations and exercise of your rights under this Agreement and (d)
you and all your affiliates, associates are registered in applicable
roll under appropriate statute and provide us with valid Registration
Numbers at the time of registration with SoOLEGAL. You further
represent that you or your Firm will not advertise your services on
SoOLEGAL platform or publish any material that is in direct conflict
with any statute under which you are registered where advertising is
an express bar.
Indemnification
You
release us from, and agree to indemnify, defend and hold harmless us
(and our officers, directors, employees, agents and Affiliates)
against, any claim, loss, damage, settlement, cost, taxes, expense or
other liability (including, without limitation, attorneys' fees)
(each, a "Claim") arising from or related to: (a) your
actual or alleged breach of any obligations of any Terms and
Conditions; (b) any personal injury, death or loss of property due to
any advice of provided by you to any client or any damage caused to
any client related thereto; or (c) Any applicable tax accrued and
incidental upon you.
Disclaimer
THE
SoOLEGAL SITE AND THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE,
FUNCTIONS, MA-TERIALS AND INFORMATION AVAILABLE OR PROVIDED IN
CONNECTION WITH THE SERVICES, ARE PROVIDED "AS-IS." YOU
ARE ENTITLED MERELY TO USE THE PORTAL ONLY TO THE EXTENT PERMITTED
BY SoOLEGAL AND AS A USER OF THE SERVICES, YOU ACCESS THE SoOLEGAL
SITE, THE SERVICES AND ANY ONLINE PORTAL OR TOOL PROVIDED BY
SoOLEGAL TO HELP YOU AVAIL THE SERVICES AT YOUR OWN RISK. WE AND OUR
AFFILIATES WAIVE AND DISCLAIM: (1) ANY REPRESENTATIONS, WARRANTIES,
DECLARATIONS OR GUARANTEES REGARDING THE SERVICES OR THE
TRANSACTIONS CONTEMPLATED HEREBY, INCLUDING ANY IMPLIED WARRANTIES,
DECLARATIONS OR GUARANTEES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT; (2) IMPLIED WARRANTIES
ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF
TRADE; AND (3) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN
TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE. WE DO NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE SoOLEGAL SITE OR THE SERVICES
WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE,
UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR ANY
SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO SYSTEM FAILURES
OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING,
ACCEPTANCE, COMPLETION OR SETTLEMENT OF ANY TRANSACTIONS OR ANY
OTHER INTERRUPTION CAUSED DUE TO ANY FORCE MAJEURE EVENT WHERE WE DO
NOT GUARANTEE ANY BUSINESS CONTINUITY PLAN TILL THE CESSATION OF
SUCH FORCE MAJEURE EVENT.SOME JURISDICTIONS' LAWS DO NOT ALLOW
EXCLUSION OF AN IMPLIED WARRANTY, IN WHICH CASE THE FOREGOING
DISCLAIMER MAY NOT APPLY TO YOU, AND WE AND OUR AFFILIATES DISCLAIM
TO THE MAXIMUM EXTENT PERMITTED UNDER SUCH APPLICABLE LAW, ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-
INFRINGEMENT OR QUIET ENJOYMENT.
SoOLEGAL
IS NOT RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN CLIENTS AND
REGISTERED USERS OR ANY OTHER PARTICIPANT DEALINGS, IF A DISPUTE
ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE
SoOLEGAL (AND ITS AGENTS, AFFILIATES AND EMPLOYEES) FROM CLAIMS,
DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND
NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND
UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH
DISPUTES BETWEEN YOU AND YOUR CLIENT(S) OR ANY OTHER PARTICIPANT(S)
IN SUCH TRANSACTION OR DEALING.
SoOLEGAL
SHALL NOT BE RESPONSIBLE FOR ANY PROFESSIONAL MISCONDUCT BY YOU OR
YOUR FIRM OR YOUR AFFILIATES OR ASSOCIATES AS PER THE PROVISIONS
UNDER ANY APPLICABLE ACT THROUGH WHICH YOUR FIRM OR YOU ARE
REGISTERED.
Limitation
of Liability
SoOLEGAL
WILL NOT BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING
NEGLIGENCE, DOCUMENTS LIABILITY, ANY TYPE OF CIVIL RESPONSIBILITY OR
OTHER IN THEORY OR OTHER-WISE) TO YOU OR ANY OTHER PERSON FOR ANY
COST OF COVER, RECOVERY OR RECOUPMENT OF ANY IN-VESTMENT MADE BY YOU
OR YOUR AFFILIATES IN CONNECTION WITH THE SERVICES PROVIDED, OR FOR
ANY LOSS OF PROFIT, REVENUE, OR DATA OR PUNITIVE OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF
SoOLEGAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH COSTS OR
DAMAGES. SoOLEGAL IN FURTHERANCE SHALL NOT BE LIABLEFOR ANY GROSS
NEGLIGENCE OR WILFUL MISCONDUCT.
Tax
Matters
As
between the parties, you will be responsible for the collection and
payment of any and all of Your Taxes together with the filing of all
relevant returns, such as service tax, PAN/CST and issuing PAN/CST
invoices/credit memos where required. SoOLEGAL is not responsible for
collecting, remitting or reporting any service tax, PAN/CST or other
taxes arising from such transaction you do with your client using
SoOLEGAL service. You are solely responsible for preparing, making
and filing any tax audit report and statutory reports and other
filings and responding to any tax or financial audits.
Unless
stated otherwise, any and all fees payable by you pursuant to your
availing SoOLEGAL Services are exclusive of all value added, service,
sales, use, goods and services and similar taxes, and you will pay
any taxes that are imposed and payable on such amounts. If we are
required by law or by administration thereof to collect any value
added, service, sales, use, goods and services or similar taxes from
you, you will pay such taxes to us.
If
for any reason, any income tax or withholding tax is determined to be
deducted and deposited on any payments or remittances to you,
SoOLEGAL will have the right to deduct and deposit any such
applicable taxes with the appropriate regulatory authority. No claim
in respect of the taxes deposited would be made by you against
SoOLEGAL.
It
is your responsibility as a REGISTERED USER on the SoOLEGAL.in
platform to choose the most applicable Documents tax codes for your
Documents, such that the correct tax rate is applied on all
Documentsoffered for transaction by you on SoOLEGAL.in. If we
determine that you are not in compliance with this provision, then we
may suspend the services provided to you on the SoOLEGAL.in platform.
Confidentiality
During
the course of your use of the Services, you may receive information
relating to us or our Affiliates or to the Services that is not known
to the general public ("Confidential Information"). You
agree that: (a) all Confidential Information will remain SoOLEGAL's
exclusive property; (b) you will use Confidential Information only as
is reasonably necessary for your participation in the Services and
ensure that persons who have access to Confidential Information will
be made aware of and will comply with the obligations in this
provision; and (c) you will not otherwise disclose Confidential
Information to any individual, company, or other third party,
including any Affiliates. You may not issue any press release or make
any public statement related to the Services, or use our name,
trademarks or logo in any way (including in promotional material)
without our advance written permission, or misrepresent or embellish
the relationship between us in any way.
Relationship
of Parties
You
and SoOLEGAL are independent contractors, and nothing in this
document will be construed to crete a partnership, joint venture,
association of persons, agency, franchise, sales representative, or
employment relationship between the parties. SoOLEGAL is not an
auctioneer, neither is it an intermediary between your client and you
being the REGISTERED USER. You will have no authority to make or
accept any offers or representations on our behalf. You will not make
any statement, whether on your site or otherwise, that would
contradict anything in this section. This Agreement will not create
an exclusive relationship between you and us.
Use
of SoOLEGAL Transaction Information
You
will not, and will cause your Affiliates not to, directly or
indirectly: (a) disclose or convey any SoOLEGAL Transaction
Information (except you may disclose this information as necessary
for you to perform your obligations under this Agreement and provided
that you ensure that every recipient uses the information only for
that purpose and complies with the restrictions applicable to you
related to that information); (b) use any SoOLEGAL Transaction
Information for any marketing or promotional purposes whatsoever
(except as permitted below), or otherwise in any way inconsistent
with our or your privacy policies or applicable Law; (c) contact a
Person that has ordered Your Documents that has not yet been
delivered with the intent to collect any amounts in connection
therewith, to influence such Person to make an alternative purchase,
or to harass such Per-son; (d) disparage us, our Affiliates, or any
of their or our respective Documentsor services or any customer; or
(e) target communications of any kind on the basis of the intended
recipient being an SoOLEGAL Site user. The terms of this provision do
not prevent you from using other information that you acquire without
reference to SoOLEGAL Transaction Information for any purpose, even
if such information is identical to SoOLEGAL Transaction Information,
provided that you do not target communications on the basis of the
intended recipient being an SoOLEGAL Site user.
Suggestions
and Other Information
If
you or any of your Affiliates elect to provide or make available
suggestions, comments, ideas, improvements, or other feedback or
materials to us in connection with or related to the SoOLEGAL Site or
Services (including any related Technology), we will be free to use,
disclose, reproduce, modify, licence, transfer and otherwise
distribute, and exploit any of the foregoing information or materials
in any manner. In order to cooperate with governmental requests, to
protect our systems and customers, or to ensure the integrity and
operation of our Law Firm and systems, we may access and disclose any
information we consider necessary or appropriate, including but not
limited to user contact details, IP addresses and traffic
information, usage history and posted content.
Modification
We
may amend any of the terms and conditions contained in this document
(including the Service Terms and Program Policies) at any time and
solely at our discretion. Any changes will be effective upon the
posting of such changes on REGISTERED USER Central or on the SoOLEGAL
Site, and you are responsible for reviewing these locations and
informing yourself of all applicable changes or notices. All notice
of changes to the Agreement will be posted for at least 30 calendar
days. Changes to Program Policies may be made without notice to you.
You should refer regularly to Your Account or REGISTERED USER
Central, respectively, to understand the current Terms and Conditions
and Program Policies and to be sure that the items you offer for
transaction to your client can be sold via the Service in connection
with the SoOLEGAL Site. YOUR CONTINUED USE OF A SERVICE AFTER
SoOLEGAL'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF
SUCH CHANGES OR MODIFICATIONS.
Password
Security
Any
password we provide to you may be used only during the Term to access
Your Account or REGISTERED USER Account, respectively, (or other
tools we provide) to use the Service, electronically accept Your
Transactions, and review your completed transactions. You are solely
responsible for maintaining the security of your password. You may
not disclose your password to any third party (other than third
parties authorized by you to use Your Account in accordance with this
Agreement) and are solely responsible for any use of or action taken
under your password. If your password is compromised, you must
immediately change your password.
Miscellaneous
The
Terms and Conditions are as per the prevalent Laws of India and any
dispute regarding these terms, shall be referred to applicable laws
of India or the Convention on Contracts for the International Sale of
Goods. The exclusive jurisdiction will be with the courts at New
Delhi regarding any dispute with SoOLEGAL relating in any way to the
Terms and Conditions or your use of the Services. You may not
transfer or assign all or any portion of this Agreement, by operation
of law or otherwise, without our prior written consent. Subject to
that restriction, this Agreement will be binding on, inure to, and be
enforceable against the you and your respective successors and
assigns or affiliates, associates. We may perform any of our
obligations or exercise any of our rights under this Agreement
through one or more of our Affiliates. Our failure to enforce your
strict performance of any provision of this Agreement will not
constitute a waiver of our right to enforce such provision or any
other provision of this Agreement subsequently.
SoOLEGAL
retains the right to immediately halt any transaction, prevent or
restrict access to the Services or take any other action to restrict
access to or availability of any inaccurate listing, any
inappropriately categorized items, any unlawful items, or any items
otherwise prohibited by the applicable Program Policies.
The
authentic language of this Agreement and subsidiary or associated
documentation shall be English and any translations provided are for
convenience only. In the event of any conflict or difference in
interpretation between the English language version of this Agreement
and subsidiary or associated documentation and any translation of
them, the English language version and interpretation shall prevail.
You agree we may communicate with you in English during the Term of
this Agreement.
You
agree that we may, in our sole discretion, disclose or make available
any information provided or submitted by you or related to your
participation under this Agreement (including information regarding
Your Documents or Your Transactions) to any judicial, quasi-judicial,
governmental, regulatory or any other authority as may be required by
us to co-operate and / or comply with any of their orders,
instructions or directions or to fulfill any requirements under
applicable Laws.
We
will send all notices and other communications (including
transactional, promotional and/or commercial communication) to you at
the e-mail addresses you designated for notifications and updates in
your program application or within REGISTERED USER or Your Account
respectively, or at the valid phone number provided by you or any
other means then specified by SoOLEGAL. You consent to receive such
communications through any mode including SMS, e-mail, phone calls
etc. You may change your e-mail addresses or phone numbers via Your
Account. You will up-date your e-mail addresses (as well as your
legal name, address and phone number) as often as necessary to ensure
that they are accurate. You must send all notices and other
communication relating to SoOLEGAL to us.
You
hereby accept the applicable Service Terms and the applicable Program
Policies, which SoOLEGAL may modify from time to time. In the event
of any conflicts between the Program Policies and this Agreement, the
Program Policies will prevail. This Agreement represents the entire
agreement between the parties with respect to the Services and
related subject matter described herein and supersedes any previous
or contemporaneous oral or written agreements and understandings.
You
accept these Terms and Conditions by clicking the Agree button.
ABSTRACT
It must be noted that the climate change is the major challenge for the manhood in the current period. Somehow the world is fast-moving towards a climate disaster. Our base is trapped on the accelerator and we are heading towards a gulf.
Many environmentalists believe that climate change has far triumph effects, concerns and consequence for entire sphere in common and emerging countries in specific. It is also an admitted fact that if genuine determinations are not made on war equilibrium, then it will become difficult to live on this planet.
Nowadays, seasons are changing, temperature is increasing of both earth and seawater and there is no end to it. The sphere is entering in era wherein the environment would get tangled in a curved of weakening and deprivation touching the obtainability and admission to water, nutrition, and liveliness in a vast manner.
Conferring to a study, biosphere over people would consume 10 per cent more water per year than nature could refill. Upsurge in global warming has been melting glaciers and withdrawing snowlines. Therefore, seventy streams have immobile flowing into the sea and as a result, aquifers are reducing.
In Indian context there are numerous reasons behind this climate change. In India Environmental Departments of each State is bound to take required actions to protect the environment and to prevent the Climate change. Climate change is a serious threat to environment. Even the State Legislative Assemblies are bound to make more sufficient piece of legislations to safeguard the environment and to eradicate the problem of Climate change. In this article we will discuss about the problem of Climate change. What are the serious effects of Climate change on Environment? How to prevent Climate change? What necessary steps should be taken to prevent the Climate change?
KEYWORDS: Climate change, Environment, Greenhouse Effect, Global Warming, Temperature,
INTRODUCTION
The earth provides enough to satisfy every man’s needs but not every man’s greed.[1]
The above fourteen words quoted by ‘Mahatma Gandhi’, clearly states that earth has enough resources and all essentials that are prerequisite to satisfy man’s needs and wants but however not every man’s greed. But I think us human beings are so egocentric that in order to adopt modernization we are harming our environment and climate conditions in numerous ways. Time has changed and Technology has amplified. This is eventually affecting the climate conditions. At present the “Climate change is the biggest problem of 21st century.” Many nations have taken various steps to preclude the climate change. “Climate is a typical configuration of weather over the long term. The earth’s climate has warmed and cooled for millions of years, since long before we appeared on the scene. Though climate transformation is not new, the study of how human movement affects the earth’s climate is.”[2] The author in his book has undoubtedly mentioned that climate modification isn’t a new concept, but however the study how climate change is happening and what are the reasons behind it, is new thing.
CLIMATE CHANGE
Now the question that arises is that what is the climate change? Climate change is a kind of modification in the climate due to human activities and other reasons. It has become major issues of 21st century and also affecting the economic growth of the countries. “It is an acknowledged fact that ‘Greenhouses effect’ is the major factor for climate change. It relates to the gages which keep the earth warm. These gases are also responsible for global warming.”[3] Climate change is influenced by many factors like, earth temperature and wind patterns. Earth temperature is changing day by day and affecting the environment and climate conditions. “Climate change is one of the multidimensional problems facing manhood today.
Climate change includes variety of challenges with wide-ranging effects. It is predictable to have substantial impacts on conditions affecting agriculture, including temperature. It is also admitted that a change in worldwide climate forms apparent from the mid to late 20th century onwards, accredited largely to the increased levels of atmospheric carbon dioxide produced by the use of fossil fuels. A study on climate change is vital from this standpoint because it is deliberated that if human activity that causes unfavorable climate change is not reduced, the existence of the entire human race is under risk.
· GREENHOUSE EFFECT:
‘Greenhouse Effect’ is one of the major factors causing climate change. It is a mixture of toxic gases which keep the earth warm. These gases are harmful for human beings and for environmental conditions. When these gases enter into environment it changes the climate. Greenhouse effect has been a major concern since long time. “It has been admitted that the balance between energy absorbed by the earth and energy reflected back into space is fundamental in determining how warm or cool the planets becomes.”[4] Environmental scientists believed that ‘Greenhouse Gases’ have been accountable for the weakening of the ozone layer, which shields the earth from injurious direct rays of the sun. Reduction of stratospheric ozone results in higher disclosure to the ultra-violet rays of the sun, leading to an increase in the occurrences of skin cancer.
· GLOBAL WARMING:
It can be pointed out that global warming is the reason behind the melting of glaciers and it is also responsible for climate change. “Global warming has caused in decline in mountain glaciers and snow cover in both hemispheres and this is predictable to fast-track throughout the 21st century. This will lead to dropping water availability, hydropower potential, and would change the periodic flow of rivers.”[5]
EFFECT OF CLIMATE CHANGE ON INDIA:
· IMPACT ON INDIA:
Climate change has great influence on India society. Climate change will make cloudbursts impulsive. It is also believed that the total agricultural production in India will go down. The crop harvest per hectare will also get affected desperately; will cause nutrition uncertainty and loss of means of support. The immense concern is the intensifying altitudes of the sea in the coastal areas which will undoubtedly damage nursery areas for fisheries, causing coastal destruction and flooding. Climate change in India has various impacts such as on environmental conditions, agricultural production including cereals production and on wind patterns also. Climate change has great impact on Indian Sand also. It destroys the essential ingredients of soil, which eventually lowers the agricultural production.
“In a recent global report, India has secured at a low 155th position in a global list. This global list places countries on the basis that how well they do on major environmental concerns. The cause India is so susceptible to climate change is because it is an outsized country with many living in poverty, poor arrangement, and lack of government preparation to deal with multifarious weather systems.”[6]
It becomes clear that India is badly affected by climate change. The Indian government also failed to bring proper steps to prevent climate change. India is so obsessed with technology advancement that it eventually destroying its environment. Indian Industrialization is also responsible for climate change. Industrialization has badly affected the climate in various ways. Due to Indian Industrialization air and water pollution has also increased, which has eventually affected the climate conditions. Smoke from industries made air polluted and harmful to inhale.
“India is exposed to unbalanced monsoons, flooding, rising sea levels, and higher temperatures. The monsoon period is vigorous to the Indian economy since many Indians are agrarian. Preparation for meteorological conditions abnormalities fetched about by climate change is therefore indispensable to protect the lives of the Indian people and the progression of the Indian economy.”[7]
DANGEROUS EFFECTS OF CLIMATE CHANGE ON ENVIRONMENT:
Climate change has numerous dangerous impacts on environment. Global warming, Greenhouse gases effect and Ozone layer depletion are all outcomes of climate change. Climate change also affects the agricultural production and also affects the soil. It also causes soil erosion. It also has various impacts on human health.
“A changing climate is probable to affect all these conditions and hence have an influential effect on human health and well-being.”[8]
We can summarize the impacts of climate change in following points namely,
· Death and injury due to flooding.
· Reduced obtainability of fresh water due to saltwater intrusion.
· Adulteration of water supply through contaminants from submerged waste dumps.
· Change in the distribution of disease-spreading insects.
· Health effect on the diet due to a loss in agriculture land and changes in fish catch
· Health impacts associated with population displacement.
“As the earth heats up, sea levels increase since warmer water takes up more space than colder water. This progression is known as thermal expansion. It must be noted that melting glaciers and ice sheets have worsen the problem of climate change by adding even more water into the oceans. It is predictable that increasing seas will result in salt water entering bodies of fresh water. It is pointed out that hundreds of millions of folks about the world live in seaside low-lying areas could effortlessly be flooded. Sea Level Rise (SLR) will also wear away beaches and will harm numerous seaside wetlands. Sturdier hurricanes are caused due to warmer oceans and these could completely sponge out beaches and islands.”[9]
It may have certain other impacts namely,
· Impulsive climate patterns.
· Amplified risk of heat weaves and drought.
· Enlarged jeopardy of flooding.
· Increased risk of unembellished weather.
· Rising sea levels.
· Financial damage.
· Loss of life.
· Impact on agriculture and food prices.
· Impact on ecosystems.
· Impact on marine life.
· Impact on human health and disease.
· Impact on soil.
· Impact on agricultural production.
These are certain dangerous impacts of climate change on environment. Climate change is one of the biggest problems of this century and proper steps must be taken by the competent authorities to prevent the issue of climate change. Various Environmental laws must be enacted to prevent the climate change. Law is the only tool which can prevent the climate change. Strict laws relating to environmental protection must be passed to prevent the climate change.
SUGGESTIONS FOR PREVENTING CLIMATE CHANGE:
Various suggestions have been given by various persons of various fields namely,
· Let people know that what the consequences of climate change are.
· Must invest in flood defences authorities.
· Make proper planning to prevent the climate change.
· Conduct proper research on climate change.
· Increase and connect green space.
· Improve home water and energy efficiency.
· Use technology to communicate about disaster diseases.
· Proper educational awareness to the students.
· Environmental legislations.
· Climate departments must be instituted in each State.
“Stopping climate change in the future is down to the activities and an opinion of future generations - significance now is the time to start teaching our children about climate change and its sound effects. The same can be done at school, by parents and every just through leading by example. Suppose if you are have children, get them involved in making your lives greener. Give them the obligation to make sure lights and plugs are turned off in their rooms each time, get them involved in reprocessing and other green initiatives, pleasing them for their good work.”[10]
Climate change is also a very serious threat to human health and also effects the economic growth of a country. There have been numerous conventions at International level, which are specifically aimed at preventing Climate change. Even the General Assembly warned that it is a high time to prevent the Climate change and each country should work together to prevent this problem. United Sates of America is also working hard to prevent climate change and has enforced environmental legislation to deal with this issue of climate change.
It is also important suggestion that we can educate people about the results of climate change and can also educate the upcoming generation about climate change. Parents also play very important role in order to educate their children about climate change. Educational institutes can also educates the students about the climate change and can also educate them that how to prevent the climate change.
As we know that climate change is not a new concept it exists since long, but however the proper education to prevent it is the new thing. Competent authorities should take the suggestions and opinions of the people that how to prevent the climate change. International institutes have also provided certain guidelines that how to control the climate change and the same must by followed by the nations.
PREVENTION OF CLIMATE CHANGE BY IMPLEMENTING ENVIRONMENTAL LEGISLATION:
As stated earlier that law is the only tool that can prevent the climate change. Thus various nations have en acted various environmental protection law to prevent the climate change. In India there are various laws to protect the environment and to prevent the climate change namely,
· Environment (Protection) Act, 1986.
· Air (Prevention and Control of Pollution) Act, 1981.
· Water (Prevention and Control of Pollution) Act, 1974.
· Wildlife (Protection) Act, 1972.
· Forest (Conservation) Act, 1980.
These are certain environmental legislation passed by the Indian legislature to prevent the climate change and to protect the environment. These legislations are very helpful in order to prevent the climate change.
It means that environmental law is a body that implements a number of multifaceted and interconnecting acts, common law, agreements, settlements, regulations and policies which are aimed at regulating the laws to accomplish environmental objectives. We know that environmental Law is a complex body of law which is made up of worldwide agreements, contracts, laws, guidelines and strategies which try to protect the environment and natural resources and also try to prevent the climate change, caused and endangered by human activities.
“International law has also played a significant amount in shielding the general environment. Thus, to deal with these major complications of climate change, global warming and all other environmental difficulties so many international treaties, protocols and conventions have been enacted by the competent authorities. But however this problem of continuing environmental deprivation is so worse that international law has proved to be an uncreative device for defending the universal environment.”[11]
Thus, it becomes clear that international law does not play that much important role to protect the environment and to prevent the climate change as played by the environmental legislations. Environmental legislations provide vital protection.
“It is pointed out that from the period of 1970’s a substantial amount of officialdoms which are contending to make a dissimilarity and renovate the course we are going in abolishing our natural environment.”[12]
Emerging strategies and laws regarding human society has become authoritative in the progress of environmental concerns. But however the damage that is caused to the environment is so ample that all the strategies that are cumulative well-suited monetary and environmental strategies remain undeveloped. The international law of shielding the human-environment seems of no importance to the mainstream of persons when associated with the prominence of protecting financial health. Environmental legislations are aimed at preventing the global issue of climate change.
APPROACH OF INDIAN JUDICIARY AND INDIAN CONSTITUTION TO PROTECT THE ENVIRONMENT AND TO PREVENT THE CLIMATE CHANGE:
If we have a look at Indian context, we can notice that the Indian Government and also the Indian Parliament and State Legislative Councils and Assemblies are progressively helpful of stringent the environmental legislations or laws and Regulations. It has been noticed that numerous legislations and laws have been enacted by the Indian Parliament and State Legislative Councils and Assemblies in about the last 45 years to handle the problems and issues related with environmental protection and climate change. It must also be noticed that Hon’ble Supreme Court of India in various landmark cases has marked a number of judgments, decisions and orders and also issued numerous directions in various cases in which the motive was to secure the protection and preservation of environment and enforcement of human rights of citizens.
Indian Council for Enviro-Legal Action v. Union of India[13], the Hon’ble Supreme Court has realized the right to wholesome environment as part of the Right to Life enshrined in Article 21.
From the above given case it becomes clear that Right to Life also include right to secure environment and government should take proper steps to prevent the climate change. It means that Right to Life visualized in the Article 21 of the constitution is something more than persistence of animal existence. It contains right of healthy living also.
Article 21 of Constitution of India: “No person shall be deprived of his life or personal liberty except according to procedure established by law.’’[14]
It means this Article imposes a duty on the States to take proper care of environment and to prevent climate change. This Article also empowers the States to make legislation to protect the environment.
It means that the State's accountability with respect to environmental protection has been laid down under Article 48-A of our Constitution, which reads as follows: "The State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country"[15]
On the other hand, Article 51-A (g) of our Constitution which reads as follows: "It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures."[16]
“The United Nations Charter of 1945 marked the beginning of modern international human rights law, whereas the Stockholm Declaration of 1972 is generally seen as the starting point of a rights based approach to environmental protection. This declaration formulated several principles, including that “ Man have the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being, and he bears a solemn responsibility to protect and improve the environment for present and future generations.”[17]
In Rural Litigation and Entitlement Kendra v. State of UP[18], the Court for the first time in this case dealt with the issue of environmental protection and held that these are the everlasting possessions of manhood and or not proposed to be exhausted in one generation.
In Sachidanand Pandey v. State of West Bengal[19], the Apex Court observed “whenever a problem of ecology is brought before the court, the court is bound to bear in mind Article 48A and Article 51A (g).
In Damodhar Rao v. Special Officer Municipal Corporation Hyderabad[20], The Court resorted to the Constitutional mandates under Articles 48A and 51A(g) to support this reasoning and went to the extent of stating that environmental pollution would be a violation of the fundamental right to life and personal liberty as enshrined in Article 21 of the Constitution.
In Charan Lal Sahu Case v. Union of India[21], The Supreme Court in this case said, the right to life guaranteed by Article 21 of the Constitution includes the right to a wholesome environment.
In Maneka Gandhi v. Union of India[22], The right to life and liberty also includes the right to healthy environment free from hazardous pollutants. The right to life and liberty, it was submitted, is inseparable from the remedy to judicial vindication of the violation of that right the right of access to justice must be deemed to be part of that right. Therefore, the importance is given to the right to file a suit for an actionable wrong.
In Saghir Ahmad J in M.C. Mehta V. Kamal Nath[23], In order to protect “life”, in order to protect “environment” and in order to protect “air, water and soil” from pollution, this Court, through its various judgments has given effect to the rights available, to the citizens and persons alike, under Article 21 of the Constitution.
In Dehradun Quarying Case[24], It means clear, hygienic, unpolluted environment which leads to a life of dignity. Environmental degradation has disastrous impact on right to livelihood which is a part of the right to life. The first indication of the right to a wholesome environment may be traced to the Dehradun Quarying Case.
In Chhretriya Pradushan Mukti Sangarsh Samiti v. State of U.P[25], The Chief Justice Sabyasachi Mukherji observed: “Every citizen has a fundamental right to have the enjoyment of quality of life and living as contemplate in Art.21 of the Constitution.”
In Subhas Kumar v. State of Bihar[26], Justice K.N. Singh observed in a more vivid manner, “Right to live includes the right to enjoyment of pollution free water and air for full enjoyment of life.”
In Fundepublico v. Mayor of Bugalagrande[27], the Constitution Court of Columbia (17-6-1992) treated the right to healthy environment as part of customary international law.
In Wildlife Society of Southern Africa v. Minister of Environmental Affairs and Tourism of the Republic of South Africa[28], the right to healthy environment was further recognized. Lee has reported at the end of the last century that since 1990 some 60 nations have specifically recognized in their constitution the right to healthy environment.
The Indian Judiciary has taken many steps to deal with the problem of Climate change. Even the Apex Court has many a times warned the Environmental Department of India to take needed actions to prevent the problem of Climate change. There is much environmental legislation drafted by the Indian Parliament to solve the problem of Climate change.
CONCLUSION:
In the nutshell we can conclude that, global environmental change and climate change is not only a problem of apprehension among established states but it is a trouble of apprehension to the whole international community. International mechanisms integrate this acknowledgment in exact fields of environmental fortification. There is an overall recognition that civilization has shared interests in shielding and handling the climate system, the ozone layer, the rain forests, and biological diversity for both present and future generations.
We can admit this fact that climate change is the important matter of present time. Climate change is a general issue and must be spoken by all nations with a shared perception, which must be free from constricted and prejudiced considerations. It also seems that we immediately need a new economic standard, which must be universal, inclusive, cooperative, environmentally sensitive and, above all, scientific. Maintainable development must be based on talking the requirements of the deprived and optimal connecting of rare means of water, air, energy, land, and bio-diversity will have to be sustained through more cooperative endeavors. Only then unaccompanied we could make some progression in redeemable our unique planet from the edge of climate disasters.
The panorama of living in a world where pollution has steadied, forests are intensifying and carbon emissions are dropping is an exciting one. We must accept this point that the time necessitates that emerging and developed countries should unite to eliminate the thoughtful problem of global warming, climate change or environment change. Somehow the international environmental laws are to be construed in such a way that they should not work as tool in the favor of any nations but will fetch all countries collected to acquire responsibility in the direction of the environmental security.
The climate change is a very important issue and if we don’t sojourn the variations almost immediately, more and more shrubberies and trees are going to die, we won’t have sufficient nourishment and then not only will the third world countries suffer from hunger but so will the whole world. I personally believe that it is reasonable that to first stop the ups and downs in climate and then progressively decrease the deprivation in the poor countries. The reason behind it is that if we sojourn the changes, we are going to be better and everything around us will be cleaner.
If we want protect the environment and want to prevent the Climate change then in that case also we need to understand our social responsibilities. States should take proper steps to prevent the Climate change. States should also try to organize various awareness campaigns at National and International level to prevent the Climate change. In every State there should be a separate governmental department to deal with the issues of Climate change and that department should submit its annual report to the Environmental Department India. Even in educational institutions proper awareness must be given to the students about the concept of Climate change and how they contribute in preventing the Climate change.
[1] Balakrishna Pisupati, Environment, biodiversity and Gandhiji, (September. 13, 2017, 10:00 AM), http://www.thehindu.com/news/national/environment-biodiversity-and-gandhiji/article2504124.ece.
[2] Manoj Tiwari, Environmental Studies 167 (1st ed. 2012).
[3] Id. at 168.
[4] supra note 2, at 169.
[5] supra note 4.
[6] supra note 7.
[7] supra note 4.
[8] A Damodaran, India Climate change and the Global Commons: Encircling the Seamless 21 (2d ed. 2010).
[9] Pavitra Sriprakash, Effect of climate change on Chennai, (September. 13, 2017, 11:00 AM), http://www.newindianexpress.com/opinions/2016/nov/05/effect-of-climate-change-on-chennai-1535032--1.html.
[10] Kelly Fenn, How can we Prevent Climate change, (September. 14, 2017, 11:00 PM), http://www.preventclimatechange.co.uk/prevent-climate-change.html.
[11] The Mechanisms for Preventing Climate change International Law Essay, (September. 14, 2017, 10:00 AM), https://www.lawteacher.net/free-law-essays/international-law/the-mechanisms-for-preventing-climate-change-international-law-essay.php.
[12] Ibid.
[13] (1996) 3 S.C.C. 212 (India).
[14] INDIA CONST. art. 21.
[15] INDIA CONST. art. 48A.
[16] INDIA CONST. art. 51A.
[17] Charter of the United Nations, (September. 14, 2017, 12:00 PM), http://www.un.org/en/charter-united-nations.
[18] A.I.R. 1987 S.C. 1037 (India).
[19] A.I.R. 1987 S.C. 1109 (India).
[20] A.I.R. 1987 A.P. 171 (India).
[21] (1990) A.I.R. 1480 (India).
[22] (1978) 2 S.C.R. 621 (India).
[23] A.I.R. 1990 S.C. 630 (India).
[24] A.I.R. 1988 S.C. 2187 (India).
[25] A.I.R. 1990 S.C. 2060 (India).
[26] A.I.R. 1991 S.C. 420 (India).
[27] (1996) 9 B.C.L.R.V. 1221 (T.K.).
[28] 25 C.o.l. J. E.n.v. I.L. 283 (2000).
Authored By: Varun Kumar, Founder & Editor-In-Chief & Publisher, The Journal for Indian Researchers.