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Question

A malignant act likely to spread infection or disease dangerous to life and making atmosphere noxious to health are punishable offences for environment protection. But the punishment are meagre to meet objectives. Under which of the following law such meagre punishment is given

The correct answer is
Indian Penal Code

Malignant Acts & Meagre Punishments Analysis

The question asks to identify the law under which "malignant acts" causing infection, diseases dangerous to life, or making the atmosphere noxious result in "meagre punishments". This implies a contrast between the severity of the act and the relatively low penalty prescribed.

Identifying the Law for Meagre Punishments

While environmental protection acts like the Environment Protection Act 1986, Air Act 1981, and Water Act 1974 address pollution and environmental harm, the description of "meagre punishment" for acts specifically related to spreading infection and making the atmosphere noxious points towards the general criminal law framework that also covers public health offenses.

  • The Indian Penal Code (IPC) contains several sections dealing with offenses against public health and safety. Specifically:
    • Section 270 addresses a 'Malignant act likely to spread infection of disease dangerous to life'.
    • Section 278 addresses 'Making atmosphere noxious to health'.
  • These IPC sections penalize the described harmful acts. The question highlights that the punishments under such laws are "meagre". Historically, and in comparison to specialized environmental statutes, the penalties under these IPC sections might be considered relatively less stringent, fitting the description of "meagre punishment" used in the question.
  • Specific environmental acts often prescribe penalties tailored to environmental damage, which might differ in scale or nature from the general punishments provided under the IPC for acts affecting public health directly.

Therefore, the Indian Penal Code is the law where such acts, described as having meagre punishments, are addressed.

Conclusion on Meagre Punishment Law

The Indian Penal Code provides for punishments for acts that are malignant, spread infection, or make the atmosphere noxious. The question emphasizes that these punishments are "meagre", which characterises the application of specific sections within the IPC concerning public nuisance and health hazards.

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Important Questions from Environmental law

  1. In which of the following case, the Supreme Court of India gave a split verdict on 23rd July, 2024 in a matter involving health, environment and intergenerational equity?
  2. Match the LIST-I with LIST-II
    LIST-I Judicial DecisionsLIST-II Issue
    A. State of Gujarat v/s Reliance Industries Ltd & Ors.I. Management of sewage treatment plants
    B. Municipal Corporation Ghaziabad v/s Central Pollution Control BoardII. Climate Change
    C. Hanuman Laxman Aroskar v/s U.O.IIII. Environmental Clearance for large infrastructure project
    D. Riddhima Pandey v/s U.O.IIV. Green cess

    Choose the correct answer from the options given below:
  3. Seven Legislations are listed under Schedule I of the National Green Tribunal Act, 2010. Which of the following Act is not included under Schedule I?
  4. Identify the air related legal provisions in India :
    (a) Air Act, 1981
    (b) Wildlife (Protection) Amendment Act, 2002
    (c) Motor Vehicle Act, 1939
    (d) The Factories Act, 1948
    (e) Forest Dwellers (Rights) Act, 2006
  5. Preamble of the National Green Tribunal Act 2010 (NGT Act) does not mention about
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