As-03 Memorial For Respondents

8TH ANAND SWAROOP GUPTA MEMORIAL INTERNATIONAL MOOT COURT COMPETITION 2024
TEAM CODE: AS-03
IN THE HONOURABLE HIGH COURT OF CASCADEA
Reply filed on behalf of Respondents to the Civil Writ Petition filed by the petitioner before
the High Court of Cascadea under Article 226 of the Constitution of Hulton
WRITTEN SUBMISSION ON BEHALF OF THE RESPONDEBNT
Writ Petition (Civil) no.____of 2023
NIHITA SAH………………………………………………………………….…….PETITIONER
V.
MINISTRY OF ENVIRONMENT, FOREST &
CLIMATE CHANGE……………………………………………………….…….RESPONDENT 1
GOVERNMENT OF CASCADEA………………………………………………….RESPONDENT 2
CENTRAL POLLUTION CONTROL BOARD……………………………….…….RESPONDENT 3
CASCADEA POLLUTION CONTROL BOARD……………………………...…….RESPONDENT 4
Most respectfully submitted before the Hon’ble Chief Justice and companion Judges of the
Hon’ble High Court of Cascadea
MEMORANDUM ON BEHALF OF THE RESPONDENTS

DRAWN AND FILED BY THE COUNSELS FOR THE RESPONDENTS

1
TABLE OF CONTENTS
LIST OF ABBREVIATIONS ........................................................................................... III
INDEX OF AUTHORITIES ............................................................................................ IV
STATEMENT OF JURISDICTION ............................................................................... VI
STATEMENT OF FACTS .............................................................................................. VII
ISSUES RAISED ............................................................................................................ VIII
SUMMARY OF ARGUMENTS ...................................................................................... IX
ARGUMENTS ADVANCED .............................................................................................. 1
[1] WHETHER BEING A MUTE SPECTATOR, IN THE NATURAL CALAMITY

AND ECOLOGY DISASTER OF FOREST FIRES, THE CENTRAL
GOVERNMENT HAS FAILED IN ITS DUTIES UNDER PART IV OF THE
CONSTITUTION OF HULTON AND AS A PARTY TO SDGs? .................................. 1
[2] WHETHER THE RIGHT TO HEALTH AND LIFE HAS BEEN

CONTINUOUSLY AFFECTED BY UNCHECKED FOREST FIRES OWING TO
INACTION BY THE GOVERNMENT OF CASCADEA? ............................................. 2
2.1) There is no violation of the right to life and health resulting from alleged inaction by
the Government of Cascadea .............................................................................................. 2
2.2) The government of Cascadea has fulfilled its duty to check forest fire as required by
the minimum statndards...................................................................................................... 3
[3] WHETHER FOREST FIRE NEEDS TO BE COVERED IN THE NATIONAL

POLICY ON DISASTER MANAGEMENT? ................................................................... 4
[4] WHETHER MAN-MADE ACTIVITIES ARE RESPONSIBLE FOR THE RISE

IN FOREST FIRES IN HULTON, MAKING THE LOCAL COMMUNITY OF
CASCADEA ALSO RESPONSIBLE FOR CLIMATE CHANGE AND OTHER
CONSEQUENCES? ............................................................................................................. 5
4.1. The citizens are responsible for the Violation of their Non-Enforceable Fundamental
Duties .................................................................................................................................. 5
4.2. The State has made sufficient efforts towards protecting forests from fires .............. 6
4.3. The Fundamental duties are not enforceable by the law............................................. 6

I
[5] WHETHER LACK OF TRUST BETWEEN THE VILLAGERS AND THE

FOREST DEPARTMENT IS ALSO A RESPONSIBLE FACTOR FOR THE RISE
IN FOREST FIRE? .............................................................................................................. 7
PRAYER ............................................................................................................................ XI

II
LIST OF ABBREVIATIONS
Abbreviations Extensions
Art. Article
Para/¶ Paragraph
Int’l International
v. Versus
SC Supreme Court
Sec./§ Section
HC High Court
EP Environment Protection
SDG Sustainable Development Goals
FSH Forest Survey of Hulton
HMD Hulton Meteorological Department
CBD Convention on Biological Diversity
UNCCD United Nations Convention to Combat

Desertification

III
INDEX OF AUTHORITIES
INTERNATIONAL CONVENTIONS AND TREATIES
 The Rio Convention,

 United Nations Framework Convention on Climate Change (UNFCCC),
 United Nations Convention on Biological Diversity (CBD),
 United Nations Convention to Combat Desertification (UNCCD),
LAWS AND STATUTES
 The Constitution of Hulton

 The National Forest Policy 1988
 The Environment protection Act, 1986
BOOKS
 R.L. Sanwal, 'Community Participation in Forest Fire Management' (Concept

Publishing, 2022)
 S. Maxwell, 'Decentralized Governance of Commons - Deconstructing the Tragedy'
(Routledge, 2020)
 Q. Ahmad, 'Law, Economics and Indigenous Knowledge of Forest Management'
(Cambridge University Press, 2021)
 P. Larson, 'Measuring State Compliance with International Environmental Treaties'
(Oxford University Press 2023)
 A.M. Jolly, 'Behind the Smokescreen: Towards Responsible Management of
Vegetation Fires' (UNEP, 2022
JOURNAL ARTICLES
 Q. Mirza, 'Anthropogenic Forest Fires - Establishing Mens Rea and Local Community
Liability' (2023) 5 Hulton Journal of Criminal Law.

IV
 R. Sengupta, 'Limits of Constitutional Right to Healthy Environment' (2024) 2 Journal

of the Indian Law Institute.
 M. Ranganathan, 'Managing Pine Litter - Alternate Uses and Prevention of Forest
Fires' (2023) 1 Indian Forester.
 P. Vasdev, ‘Global Forest Fire Regulatory Frameworks - Positing India’s Policy
Choices’ (2023) 11 Journal of International Environmental Law and Policy.
 S. Desai, ‘Invoking Tort Remedy against Public Authorities - Evidentiary
Complexities’ (2024) 3 Journal of Indian Law and Society.
LIST OF CASES
 Keshavananda bharati vs state of kerala

 MC Mehta v. Union of India, (2004)
 Subhash Kumar v. State of Bihar (1991)
 Rajeev singh v. union of india and others 2016
 Rural Litigation and Entitlement Kendra v. The State of Uttar Pradesh,1985

V
STATEMENT OF JURISDICTION
The Respondent, i.e. Ministry of Environment, Forest & Climate Change, Government of
Cascadea, Central Pollution Control Board, Cascadea Pollution Control Board humbly submit
to the jurisdiction of hon’ble High Court of Cascadea under Article 226 of the Constitution of
Hulton in response to the petition filed by the Petitioner.

VI
STATEMENT OF FACTS
1. Forests are intrinsic to human ecosystem and have played an essential ecological, social,
economic and religious role. They provide shelter and protection to many species.
2. Global agreements like UNFCCC, CBD, UNCCD recognize the importance of forests and aim
to increase conservation efforts. The Paris Agreement of 2015 aims to limit rising
temperatures.
3. Forest fires are responsible for huge forest loss worldwide, endangering livelihoods. But
forest fire management remains inadequate in policy, capacity and equipment.
4. Hulton is a highly populated developing Asian country with 21.05% forest cover. It has high
biodiversity and carbon emissions, being amongst top 5 carbon footprint countries.
5. In the past 3-4 years, Hulton has witnessed over 3,000 major forest fires. Fires are increasing
with temperatures rising. Even non-fire-prone wet forests have seen fires.
6. Forest fires in Cascadea, a Hultonian state, are causing devastating ecological impact by
'blackening' glaciers causing faster melting. Maintenance of its ecological balance is essential
for the region and country.
7. The fires are largely human-caused, by local land mafias and people commercially cutting
wood. Despite large numbers of forest officials, no effective action taken.
8. Statutes of Hulton and Cascadea provide for prevention of pollution and ecological
restoration. National Forest Policy stresses on precautions during fire season. Environmental
Protection Act empowers government to take measures to protect environment.
9. SDG 13, adopted by Hulton in 2015, aims to reduce emissions causing climate change. But
requires long-term finance and local collaboration.
10. An advocate files petition against Central and Cascadea governments and pollution control
boards, seeking urgent steps to curb fires and restore ecology.
11. Petitioner contends forest fires need specific coverage in National Disaster Management
Policy. Seeks citizens be made liable for violating Fundamental Duty under Article 51A(g).
12. Respondent contends fires are mostly anthropogenic but investigation on is underway.
Other measures like fire management plan, using pine needles, gaining villagers' trust also
submitted.
VII
ISSUES RAISED
The following broad issues are framed for the determination by this Court in no particular
orders:
ISSUE 1
Whether being a mute spectator, in the natural calamity and ecological disaster of forest
fires, the Central government has failed in its duties under Part IV of the Constitution
of Hulton and as a party to SDGs?
ISSUE 2
Whether the right to health and life has been continuously affected by unchecked forest
fires owing to inaction by the Government of Cascadea?
ISSUE 3
Whether forest fire needs to be covered in the National Policy on Disaster
Management?
ISSUE 4
Whether man-made activities are responsible for the rise in forest fires in Hulton,
making the local community of Cascadea also responsible for climate change and other
consequences?
ISSUE 5
Whether lack of trust between the Villagers and the Forest Department is also a
responsible factor for the rise in forest fire?
The respondents have duly addressed all the aforementioned in the form of five substantive
arguments advanced summarized under.

VIII
SUMMARY OF ARGUMENTS

AND ECOLOGY DISASTER OF FOREST FIRES, THE CENTRAL GOVERNMENT
HAS FAILED IN ITS DUTIES UNDER PART IV OF THE CONSTITUTION OF
HULTON AND AS A PARTY TO SDGs?
It is humbly submitted before the Hon’ble Court that the Central Government failed in its
duties during forest fires, citing constitutional principles and SDGs. However, the response
contends that Part IV of the Constitution, containing directive principles, is not justiciable.
The Supreme Court has stated that obligations depend on economic capacity, and SDGs are
non-binding. The government, through the Ministry of Environment, Forest and Climate
Change, has taken steps to prevent forest fires, including mapping sensitive areas,
incorporating fire prevention into national policy, and involving the National Crisis
Management in addressing crises, including forest fires. The government asserts it is not a
mute spectator but is actively working to control and prevent forest fires.
[2] WHETHER THE RIGHT TO HEALTH AND LIFE HAS BEEN CONTINUOUSLY
AFFECTED BY UNCHECKED FOREST FIRES OWING TO INACTION BY THE
GOVERNMENT OF CASCADEA?
It is humbly submitted before the Hon’ble Court that the Government of Cascadea has not
violated the right to life and health due to forest fires. The government has implemented
various measures to address forest fires and is not responsible for every instance of
negligence by citizens. The petitioners lack sufficient evidence of severe health impacts or
deaths directly caused by forest fires. The government has taken reasonable steps, balancing
environmental protection and citizens' rights. Additionally, it is asserted that Cascadea has
fulfilled its duty to check forest fires, monitoring and preventing them through advanced
technology, awareness programs, and increased personnel on the ground. The government
cannot be solely blamed for fires caused by the negligence of individuals or groups.

POLICY ON DISASTER MANAGEMENT?
It is humbly submitted before the Hon’ble Court that forest fires, primarily caused by human
activities, are distinguishable from other natural disasters and may not require the same level
IX
of inclusion in the National Policy on Disaster Management. Over 95% of forest fires are
anthropogenic, stemming from activities like shifting cultivation, poaching, and deliberate
burning by locals. Given their preventable nature and localized impact, forest fires may not
warrant the same policy emphasis as uncontrollable natural calamities. The onus is placed on
local communities and authorities for prevention through awareness and conservation efforts,
as existing state and district-level forest management bodies are deemed capable of handling
these frequent, small-scale incidents. The focus should be on prevention rather than disaster
response, as forest fires are viewed as manageable through local initiatives.
[4] WHETHER MAN-MADE ACTIVITIES ARE RESPONSIBLE FOR THE RISE IN

FOREST FIRES IN HULTON, MAKING THE LOCAL COMMUNITY OF
CONSEQUENCES?
It is humbly submitted before the Hon’ble Court that the rise in forest fires in Hulton is
largely attributed to anthropogenic factors, with citizens engaging in activities like burning
vegetation, agricultural practices, and other human-related causes. Over 95% of forest fires
are due to human negligence. The Forest Survey of India has a Pre Warning Alert System to
alert state forest departments based on various parameters. The state has implemented
comprehensive fire management plans, including vulnerability mapping, setting up stations,
prevention practices, and legal actions against offenses. However, fundamental duties of
citizens are non-enforceable, emphasizing obligations in return for fundamental rights. The
government cannot be held solely responsible for climate impacts, considering the
international dimensions of anthropogenic climate change. The judiciary has played a role in
incentivizing environmental protection through fundamental duties.

FOREST DEPARTMENT IS ALSO A RESPONSIBLE FACTOR FOR THE RISE IN
FOREST FIRE?
It is humbly submitted before the Hon’ble Court that The rise in forest fires is not attributed
to a lack of trust between villagers and the Forest Department. Community institutions, such
as Joint Forest Management Committees and Village Governing Bodies, actively engage with
the Forest Department in Forest Fire Prevention Management. The Joint Forest Management
program has positively impacted community attitudes and involves over 100,000 committees
managing vast forest areas. Provisions for community participation include financial
X
assistance, workshops, and awareness campaigns. The Forest Department, in alignment with
national policies, recognizes the vital role of local communities in preventing and managing
forest fires. Forest officers acknowledge the importance of community involvement, with 83
out of 101 rating it as very or extremely important. The Forest Department has taken
proactive steps to build trust through benefit sharing and community participation, improving
relations and bridging past trust deficits. The argument suggests focusing on specific
solutions rather than broad criticism in addressing forest fire concerns.

XI
ARGUMENTS ADVANCED

AND ECOLOGY DISASTER OF FOREST FIRES, THE CENTRAL GOVERNMENT
HAS FAILED IN ITS DUTIES UNDER PART IV OF THE CONSTITUTION OF
HULTON AND AS A PARTY TO SDGs?
1. It is humbly submitted before the Hon’ble Court that the petitioner had cited Part IV
of the Constitution which contains directive principles of State policy. Article 37
specifically provides that "the provisions contained in this Part shall not be
enforceable by any court, but the principles therein laid down are nevertheless
fundamental in the governance of the country and it shall be the duty of the State to
apply these principles in making laws." This clearly shows, and it has also been laid
down by this Court, that these provisions are not justiciable and cannot be enforced by
any Court.
2. Similarly, The Supreme Court has held that the specific obligations imposed by these
principles depend on the economic capacity, development needs, and resource
availability of the country. SDGs, being non-binding targets, no legal "duties" of the
Central Government arise which can be deemed to have failed. The occurrence of
forest fires in itself does not mean the Central Government has failed to fulfill its
duties under Part IV. Also, the petitioner has not shown a clear constitutional duty
regarding the prevention of forest fires that the government has failed to discharge.
Hence, the Central Government has no specific legally enforceable duty grounded in
the Constitution or SDGs.
3. However, regarding the concern of the petitioner, The Central Government, through
the Ministry of Environment, Forest and Climate Change, has taken several steps, not
being a mute spectator, for the prevention and control of forest fires across the
country, including in the state of Cascadea. These include:
The Government, through forest survey of hulton, had mapped up forest fire sensitive
areas. Those sensitive areas are kept on high vigil.
The government has recognized and knows the fire possibility, so it has already
incorporated it into national policy stating:

1
“The incidence of forest fires in the country is high. Standing trees and fodder are
destroyed on a large scale and natural regeneration is annihilated by such fires.
Special precautions should be taken during the fire season. Improved and modern
management practices should be adopted to deal with forest fires.”
The National Crisis Management looks into forest fires along with other crises that cover
them.
[2] WHETHER THE RIGHT TO HEALTH AND LIFE HAS BEEN CONTINUOUSLY
AFFECTED BY UNCHECKED FOREST FIRES OWING TO INACTION BY THE
GOVERNMENT OF CASCADEA?
2.1) There is no violation of the right to life and health resulting from alleged inaction by the
Government of Cascadea
4. In this case, the government involved has implemented various actions to tackle and
avert forest fires, showcasing their dedication to safeguarding the environment and the
well-being of the public. While upholding the right to a healthy environment as part
of the right to life under Article 21, the Court also recognized that the government
cannot be held responsible for every violation of this right by citizens or private
entities. The Court clarified that while the government has a constitutional obligation
to protect the environment and take steps to prevent environmental degradation, it
cannot be expected to micro-manage and prevent every violation committed by
individuals or private entities. The Court emphasized that the government's
responsibility is to establish effective mechanisms and enforce laws to protect the
environment.
5. In the context of the present case, the respondents have acknowledged that most forest
fires are anthropogenic and caused by the negligence of locals, tourists, and the land
mafia. While the government must take measures to prevent and control such fires, it
cannot be held responsible for every instance of negligence or deliberate action by
citizens or private entities that contribute to forest fires.
6. The petitioners have not shown enough proof that air quality and people's health got
much worse because of the forest fires. They have not given any evidence that anyone
lost their life or epidemic illnesses happened directly due to the fires. The right to live
in a healthy environment cannot be claimed violated without substantiation of actual
damage or injury caused by an act of the State Some effects on health may happen,
but it has not become so serious that it violate the right to life.

2
7. The petitioners need to give more solid evidence that air became life-threatening and
deaths occurred from the forest fire smoke. Without data on very bad air quality and
health impacts like epidemics, it is difficult to say the fires caused enough harm to
violate the right to life. Some impact may have happened but it has not reached the
level where the constitutional right to life is affected. More specifics need to be given
to substantiate that claim.
8. Based on the measures taken by the respondents, the relevant laws and policies, and
the judicial precedents set by the Supreme Court, it can be argued that the respondents
have not blatantly violated the right to live in a healthy environment, and have made
reasonable efforts to address the issue of forest fires within the state's capabilities and
limitations. Therefore the government has struck a balance to protect the fundamental
rights of all citizens including the right to live in a healthy environment . so it cannot
be considered that there has been a violation of the Right to live in a healthy
environment under Article 21 of the constitution
2.2) The government of Cascadea has fulfilled its duty to check forest fire as required by the
minimum statndards
9. The petitioner claims that The state of Cascadea has failed to take the preventive steps
required as a precautionary measure.which is entirely false. The weather conduction
of forests in casdesa is monitored by 40 master rooms, 94 watch towers, and 1166
crew stations for fire sensitivity, detection, and control of forest fires. The state of
cascadea under FSI has developed an indigenous methodology to detect forest fire
from the given fire spots ( including within and outside forest regions) from a web fire
mapper under a project named forest fire monitoring in Hulton. Forest Survey of
Hulton MOEF&CC, the government of Hulton has initiated a pre-warning alert
system for forest fires based on several parameters including forest, forest type,
temperature e.t.c
10. It is humbly submitted that fire preventive management activities are carried out in
the forest as per the guidelines issued by MOEF&CC. Some activities include
awareness generation programs like training /workshops. Further, a master control
room is deployed and it is provided with a wireless communication network and
firefighting equipment.

3
11. Moreover, multiple actions are taken to combat the forest fire. Detection of fire
incidence is being done through information gathered from various sources such as
local sources, watchers, and Whatsapp numbers. The Governor of cascdesa has been
monitoring the forest fire issue regularly and he has held meetings/ video conferences
to monitor forest fire. The Forest Department has increased the number of fire
watchers on the ground from 3000 to 6000. About 500 employees from the fire
fighting department have been engaging for forest fire protection. So overall, the
Ministry of Environment, Forest and Climate Change has recognized the following
methods of prevention and control of fire:
1. construction of watch towers for detection of forest fire
2. Deployment of fire watchers
3. Creation and maintenance of fire lines
4. Involvement of local communities
5. Using of remote --sensing technology
The forest fires in Cascadea are anthropogenic (caused by human activities), the role of local
villagers, tourists, and land mafias in causing fires is also a contributing factor. The
government cannot be solely responsible for fires caused by the negligence or deliberate
actions of individuals or groups.

POLICY ON DISASTER MANAGEMENT?
12. Forest fires are substantially different from other natural disasters like earthquakes,
floods, and cyclones. They are often caused by human activity and negligence,
making them more preventable than purely natural disasters.
13. In this case, more than 95 % of the forest fires are due to man-made causes. While the
majority of forest fires are caused by human beings deliberately or due to negligence,
the anthropogenic causes of forest fires include shifting cultivation carried out by
farmers, setting fires to produce new flushes of grass in the dry season, fires started by
poachers and smugglers to hide the stumps of illicitly felled trees, fires set by
villagers to clear off path of dry litter, facilitating collection of non-timber forest
produce by igniting a fire, setting agricultural fields on fire after a harvest, fires set by
villagers residing in or near the forest to keep the wild animals away from their crop
and cattle, disposing of un-extinguished cigarettes, bidis, and match sticks in the
4
forest areas, unextinguished campfires, sparks from transformers installed in the forest
area, etc. Given their anthropogenic nature, forest fires may not warrant inclusion in
disaster management policy to the same degree as unavoidable natural calamities. The
onus should be on the local community and authorities to prevent human-caused fires
through awareness, monitoring, and conservation efforts. Most forest fires in the
region tend to be low-intensity surface fires that are not catastrophic events on the
scale of other disasters recognized by the disaster management policy. So local forest
officials are best positioned to manage context-specific issues like forest fires, rather
than one-size-fits-all national policies.
14. Forest fires are frequent small-scale localized events, unlike the massive natural
disasters like floods, earthquakes, etc. covered in the policy. The existing
state/district-level forest management bodies are adequately equipped to handle
regular fires. In this case, the central and state governments have made several
preventive measures to protect and improve the quality of the environment and
prevent, control, and abate environmental pollution. Thus Forest fires are often man-
made and hence preventable through local awareness and community participation.
The onus should be on prevention rather than disaster response.
[4] WHETHER MAN-MADE ACTIVITIES ARE RESPONSIBLE FOR THE RISE IN
FOREST FIRES IN HULTON, MAKING THE LOCAL COMMUNITY OF
CONSEQUENCES?
4.1. The citizens are responsible for the Violation of their Non-Enforceable Fundamental
Duties
15. As per the report of the Forest Survey of Hulton, the forest fire occurrence in Hultan
is more anthropogenic than natural. People living in and around forest areas generally
burn understory vegetation and grass in the forest to stimulate fresh undergrowth of
fodder for their livestock. More than ninety-five percent of forest fires in Hulton are
caused either by negligence or unknowingly by human beings. The rest of the fires are
caused by natural reasons i. e. lightning, extreme rise in the temperature, etc., which
are very rare. Key anthropogenic factors include agricultural practices like shifting
cultivation and stubble burning, poaching activities, path clearing, collection of non-
timber forest products, and animal repelling. Additionally, discarded cigarettes,
campfires, and faulty infrastructure like transformers contribute to ignitions.

5
16. It is the citizens who are not fulfilling their fundamental duty by their activities in the
forest of the Cascadea and other natural reasons. Forest Survey of India has developed
a Pre Warning Alert System. It gives alerts to state forest departments based on
parameters like forest cover, forest types, climatic variables (temperature, rainfall)
and recent fire incidents over the area Unlike Western countries, forest fires in India
are largely man-made which makes it difficult to predict.
4.2. The State has made sufficient efforts towards protecting forests from fires
17. The Forest Department has comprehensive fire management plans in place which are
implemented in true letter and spirit. The Plan not only has a pre-fire alert system but
there are several activities like mapping of areas that are vulnerable to fire and setting
up stations at such Locations, fire prevention practices carried out every year during
the winter season. The adoption of measures such as the designation of areas that are
prone to wildfires, satellite monitoring, hiring forest officials to be on guard,
controlled burning before the start of the fire season, upkeep of forest trails to access
interior regions, and fire safety awareness campaigns have been ongoing. In cases of
encroachment, illegal felling of trees, and other forest offenses, action is taken in
accordance with the provision of the Indian Forest Act, 1927, and other related Acts
and Rules. This can show that both the Central and state governments are being
responsible for their duty to protect the environment.
4.3. The Fundamental duties are not enforceable by the law.
18. The fundamental duties are incorporated in PART IVA of the constitution of Hulton.
These duties are not enforceable by law. They were made a part of the Constitution to
emphasize the obligation of the citizen in return for the fundamental rights that he or
she enjoys
19. The Government of Hulton cannot be held liable for climate impacts attributable to
diffuse global phenomena like anthropogenic climate change. The issue of climate
change has complex international dimensions, as acknowledged under the UNFCCC
and Paris Agreement which Hulton is a signatory to. In Rural Litigation and
Entitlement Kendra v. The State of Uttar Pradesh, the Hon’ble Supreme Court
perceived that the safety of the environment is not merely a duty of the state under
Article 48(a), but that every citizen of India also must care for the environment under
Article 51(a)(g) of the constitution. Initially, the integrated fundamental duty in the
constitution lacked direct enforceability. However, judicial involvement over time

6
provided the necessary incentives to achieve the objective of safeguarding the

environment through fundamental duties.
FOREST DEPARTMENT IS ALSO A RESPONSIBLE FACTOR FOR THE RISE IN
FOREST FIRE?
20. The reason behind the rise of forest fires is not a lack of trust between the Villagers
and the Forest Department. There are mainly two community/village level institutions
involved in the Forest Fire Prevention Management(FFPM). One is the Joint Forest
Management Committee which is the Primary institution for community-based forest
management in Hulton and the entry point for SFD engagement with communities on
FFPM and another is community institutions are community-based forest
management, such as the Van Panchayats (forest councils) or Community Forest
Resource Management Committees (CFRMCs). These Community institutions for
forest management and village governing bodies such as the Gram Panchayat offer a
mechanism for the forest department to engage with forest users.
21. One of the most significant impacts of the JFM program has been the change in the
attitude of local communities and forest officials towards each other and forest. JFM
has evolved and expanded over the years, with almost 100,000 JFM committees co-
managing over 22 million hectares of forest land, making it the largest participatory
forestry program in terms of the number of forest dependent population. There is a
Central Sector Component for an early warning fire forecasting system using satellite
images and a fire danger rating system for early detection of forest fire through FSH
(Forest Survey of Hulton) and the National Center for Medium-Range Weather
Forecasting (NCMRWF) complemented by the FRI (Forest Research Institution) is
impact assessment. This scheme fosters community involvement by providing funds
for awareness campaigns and training to forest department staff and local
communities. For the participation of the local community in the scheme, the
following special provisions have been made;
 Aid to JFM communities to encourage active community participation in forest fires,

 Financial assistance will be provided to the working groups on JFM,
 Workshops and seminars will be organized in the country at state and national level to
discuss the local and national issue pertaining to the JFM programme.
7
22. In pursuance of National Forest Policy, 1988, the forest department has been working
closely by Involving local communities in the protection, conservation, and
management of forests through the Joint Forest Management Programme. Thus, The
National Forest Policy (1988) and Joint Forest Management (JFM) Guidelines (1990)
of the Government of India acknowledged and endorsed this system of management,
which supports the involvement of village communities and non-governmental
organizations (NGOs) in the regeneration, management, and protection of degraded
forests. In Hulton, the federal government has enacted the Scheduled Tribes and Other
Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 (hereinafter the
Forest Rights Act) to recognise and vest rights of forest communities.
23. Forest officers in all the states surveyed acknowledged that communities living in and
around forested areas play an indelible role in preventing and managing forest fires.
Most (83 out of 101) rated the role of the local community as either very or extremely
important in managing forest fires.
24. Hence, the Forest Department has taken proactive steps to foster trust and cooperation
of local inhabitants when it comes to tackling forest fires through benefit sharing
mechanisms and community participation. Lack of trust cannot be held as a
responsible factor for rise in preventable forest fires. Participatory management
practices have improved relations between stakeholders thereby bridging the past trust
deficit. Finally, the respondent submits that the petition should focus on specific
solutions rather than broad criticism.

8
PRAYER
In light of the fact of the case, issues raised, arguments advanced and authorities cited the
counsels on behalf of the Respondents humbly pray before the hon’ble High Court of
Cascadea to kindly adjudge and declare that
a) Dismiss the present petition as being devoid of merits.

b) Uphold that adequate steps have been taken by the Respondents including fire
prevention practices and considering alternate use of pine needles.
c) Accept that most fires are anthropogenic and hold local communities and
citizens responsible for violating their statutory duties.
d) Decline to include forest fires in the National Disaster Management Policy.
AND/OR
Shall pass any other order which the bench deems fit in the best interest of Justice, Equity and
Good Conscience, and for this act of kindness the Counsels on behalf of Respondents as in
duty bound shall forever pray.

XI

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8TH ANAND SWAROOP GUPTA MEMORIAL INTERNATIONAL MOOT COURT COMPETITION 2024

TEAM CODE: AS-03

IN THE HONOURABLE HIGH COURT OF CASCADEA

WRITTEN SUBMISSION ON BEHALF OF THE RESPONDEBNT

Writ Petition (Civil) no.____of 2023

MINISTRY OF ENVIRONMENT, FOREST &

CENTRAL POLLUTION CONTROL BOARD……………………………….…….RESPONDENT 3

CASCADEA POLLUTION CONTROL BOARD……………………………...…….RESPONDENT 4

MEMORANDUM ON BEHALF OF THE RESPONDENTS

MEMORANDUM ON BEHALF OF THE RESPONDENTS

INDEX OF AUTHORITIES ............................................................................................ IV

STATEMENT OF JURISDICTION ............................................................................... VI

STATEMENT OF FACTS .............................................................................................. VII

ISSUES RAISED ............................................................................................................ VIII

SUMMARY OF ARGUMENTS ...................................................................................... IX

ARGUMENTS ADVANCED .............................................................................................. 1

[1] WHETHER BEING A MUTE SPECTATOR, IN THE NATURAL CALAMITY

[2] WHETHER THE RIGHT TO HEALTH AND LIFE HAS BEEN

[3] WHETHER FOREST FIRE NEEDS TO BE COVERED IN THE NATIONAL

[4] WHETHER MAN-MADE ACTIVITIES ARE RESPONSIBLE FOR THE RISE

4.3. The Fundamental duties are not enforceable by the law............................................. 6

[5] WHETHER LACK OF TRUST BETWEEN THE VILLAGERS AND THE

MEMORANDUM ON BEHALF OF THE RESPONDENTS

SDG Sustainable Development Goals

FSH Forest Survey of Hulton

HMD Hulton Meteorological Department

CBD Convention on Biological Diversity

UNCCD United Nations Convention to Combat

MEMORANDUM ON BEHALF OF THE RESPONDENTS

INTERNATIONAL CONVENTIONS AND TREATIES

 The Rio Convention,

LAWS AND STATUTES

 The Constitution of Hulton

 R.L. Sanwal, 'Community Participation in Forest Fire Management' (Concept

MEMORANDUM ON BEHALF OF THE RESPONDENTS

 R. Sengupta, 'Limits of Constitutional Right to Healthy Environment' (2024) 2 Journal

 Keshavananda bharati vs state of kerala

MEMORANDUM ON BEHALF OF THE RESPONDENTS

MEMORANDUM ON BEHALF OF THE RESPONDENTS

MEMORANDUM ON BEHALF OF THE RESPONDENTS

[1] WHETHER BEING A MUTE SPECTATOR, IN THE NATURAL CALAMITY

[3] WHETHER FOREST FIRE NEEDS TO BE COVERED IN THE NATIONAL

[4] WHETHER MAN-MADE ACTIVITIES ARE RESPONSIBLE FOR THE RISE IN

[5] WHETHER LACK OF TRUST BETWEEN THE VILLAGERS AND THE

MEMORANDUM ON BEHALF OF THE RESPONDENTS

[1] WHETHER BEING A MUTE SPECTATOR, IN THE NATURAL CALAMITY

MEMORANDUM ON BEHALF OF THE RESPONDENTS

MEMORANDUM ON BEHALF OF THE RESPONDENTS

MEMORANDUM ON BEHALF OF THE RESPONDENTS

[3] WHETHER FOREST FIRE NEEDS TO BE COVERED IN THE NATIONAL

MEMORANDUM ON BEHALF OF THE RESPONDENTS

MEMORANDUM ON BEHALF OF THE RESPONDENTS

provided the necessary incentives to achieve the objective of safeguarding the

 Aid to JFM communities to encourage active community participation in forest fires,

MEMORANDUM ON BEHALF OF THE RESPONDENTS

a) Dismiss the present petition as being devoid of merits.

MEMORANDUM ON BEHALF OF THE RESPONDENTS

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