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Ignored by kids, 2 get property back under senior citizen Act, 2007

Ignored by kids, 2 get property back under senior citizen Act, 2007

Hoshiarpur, July 28

In probably first-of-its-kind decision, Sub-divisional Magistrate Dasuya Barjinder Singh today cancelled the registered deeds of transfer of ownership in two cases under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007.

The deeds were cancelled as the children of the affected parents had shunned them after the transfer of ownership of properties to them.

This Act, legislated in 2007, has a provision under Section 23 that if senior citizens face a situation where they are not being taken care of by their children after they had transferred the property to them, who subsequently get the mutation done in their name, could come to SDMs court and get such mutations cancelled. Under the Act, the SDM cancelled the transfer of ownership in two cases.

In the first case, Amar Kaur, a Badala resident and wife of Bidhi Chand, had transferred her properties to her daughter Raksha Devi dated July 28, 2008 and September 06, 2012 .

After becoming the owner of the land, Raksha Devi didn’t take care of her mother. Amar Kaur had no other source of income. So the registries dated July 28, 2008 and September 06, 2012 were cancelled and the properties were reverted on the name of Amar Kaur.

In the second case, Satwinder Pal Singh of Rattre village had got transferred the ownership of property from his father Mehnga Singh.

The transfer of ownership was done vide two registries dated April 28, 2011 and October 10, 2011. But after becoming the owner of the land, he threw him out of the house and even beat him up. On complaint of Mehnga Singh, the SDM cancelled registries dated April 28, 2011 and October 10, 2011.

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Stockholm Declaration: Seven truth and 26 Principals

 Stockholm Declaration is a common outlook and common principles to inspire and guide the peoples of the world in the preservation and enhancement of the human environment.

}The declaration is divided in to two part:

◦Seven truth about environment

◦26 principals 

Seven truth about environment:

1. Man is both creature and moulder of his environment, which gives him physical sustenance and affords him the opportunity for intellectual, moral, social and spiritual growth. In the long and tortuous evolution of the human race on this planet a stage has been reached when, through the rapid acceleration of science and technology, man has acquired the power to transform his environment in countless ways and on an unprecedented scale. Both aspects of man's environment, the natural and the man-made, are essential to his well-being and to the enjoyment of basic human rights the right to life itself.

2. The protection and improvement of the human environment is a major issue which affects the well-being of peoples and economic development throughout the world; it is the urgent desire of the peoples of the whole world and the duty of all Governments.

3. Man has constantly to sum up experience and go on discovering, inventing, creating and advancing. In our time, man's capability to transform his surroundings, if used wisely, can bring to all peoples the benefits of development and the opportunity to enhance the quality of life. Wrongly or heedlessly applied, the same power can do incalculable harm to human beings and the human environment. We see around us growing evidence of man-made harm in many regions of the earth: dangerous levels of pollution in water, air, earth and living beings; major and undesirable disturbances to the ecological balance of the biosphere; destruction and depletion of irreplaceable resources; and gross deficiencies, harmful to the physical, mental and social health of man, in the man-made environment, particularly in the living and working environment.

4. In the developing countries most of the environmental problems are caused by under-development. Millions continue to live far below the minimum levels required for a decent human existence, deprived of adequate food and clothing, shelter and education, health and sanitation. Therefore, the developing countries must direct their efforts to development, bearing in mind their priorities and the need to safeguard and improve the environment. For the same purpose, the industrialized countries should make efforts to reduce the gap themselves and the developing countries. In the industrialized countries, environmental problems are generally related to industrialization and technological development.

6. A point has been reached in history when we must shape our actions throughout the world with a more prudent care for their environmental consequences. Through ignorance or indifference we can do massive and irreversible harm to the earthly environment on which our life and well being depend. Conversely, through fuller knowledge and wiser action, we can achieve for ourselves and our posterity a better life in an environment more in keeping with human needs and hopes. There are broad vistas for the enhancement of environmental quality and the creation of a good life. What is needed is an enthusiastic but calm state of mind and intense but orderly work. For the purpose of attaining freedom in the world of nature, man must use knowledge to build, in collaboration with nature, a better environment. To defend and improve the human environment for present and future generations has become an imperative goal for mankind-a goal to be pursued together with, and in harmony with, the established and fundamental goals of peace and of worldwide economic and social development.

7. To achieve this environmental goal will demand the acceptance of responsibility by citizens and communities and by enterprises and institutions at every level, all sharing equitably in common efforts. Individuals in all walks of life as well as organizations in many fields, by their values and the sum of their actions, will shape the world environment of the future.

      Local and national governments will bear the greatest burden for large-scale environmental policy and action within their jurisdictions. International cooperation is also needed in order to raise resources to support the developing countries in carrying out their responsibilities in this field. A growing class of environmental problems, because they are regional or global in extent or because they affect the common international realm, will require extensive cooperation among nations and action by international organizations in the common interest.

      The Conference calls upon Governments and peoples to exert common efforts for the preservation and improvement of the human environment, for the benefit of all the people and for their posterity.

Principles:  States the common conviction that:

Principle 1

      Man has 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. In this respect, policies promoting or perpetuating apartheid, racial segregation, discrimination, colonial and other forms of oppression and foreign domination stand condemned and must be eliminated.

Principle 2

     The natural resources of the earth, including the air, water, land, flora and fauna and especially representative samples of natural ecosystems, must be safeguarded for the benefit of present and future generations through careful planning or management, as appropriate.

Principle 3

     The capacity of the earth to produce vital renewable resources must be maintained and, wherever practicable, restored or improved.

Principle 4

      Man has a special responsibility to safeguard and wisely manage the heritage of wildlife and its habitat, which are now gravely imperilled by a combination of adverse factors. Nature conservation, including wildlife, must therefore receive importance in planning for economic development.

Principle 5

      The non-renewable resources of the earth must be employed in such a way as to guard against the danger of their future exhaustion and to ensure that benefits from such employment are shared by all mankind.

Principle 6

      The discharge of toxic substances or of other substances and the release of heat, in such quantities or concentrations as to exceed the capacity of the environment to render them harmless, must be halted in order to ensure that serious or irreversible damage is not inflicted upon ecosystems. The just struggle of the peoples of ill countries against pollution should be supported.

Principle 7

      States shall take all possible steps to prevent pollution of the seas by substances that are liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea.

Principle 8

      Economic and social development is essential for ensuring a favorable living and working environment for man and for creating conditions on earth that are necessary for the improvement of the quality of life.

Principle 9

      Environmental deficiencies generated by the conditions of under-development and natural disasters pose grave problems and can best be remedied by accelerated development through the transfer of substantial quantities of financial and technological assistance as a supplement to the domestic effort of the developing countries and such timely assistance as may be required.

Principle 10

      For the developing countries, stability of prices and adequate earnings for primary commodities and raw materials are essential to environmental management, since economic factors as well as ecological processes must be taken into account.

Principle 11

      The environmental policies of all States should enhance and not adversely affect the present or future development potential of developing countries, nor should they hamper the attainment

      of better living conditions for all, and appropriate steps should be taken by States and international organizations with a view to reaching agreement on meeting the possible national and international economic consequences resulting from the application of environmental measures.

Principle 12

      Resources should be made available to preserve and improve the environment, taking into account the circumstances and particular requirements of developing countries and any costs which may emanate- from their incorporating environmental safeguards into their development planning and the need for making available to them, upon their request, additional international technical and financial assistance for this purpose.

Principle 13

      In order to achieve a more rational management of resources and thus to improve the environment, States should adopt an integrated and coordinated approach to their development planning so as to ensure that development is compatible with the need to protect and improve environment for the benefit of their population.

Principle 14

      Rational planning constitutes an essential tool for reconciling any conflict between the needs of development and the need to protect and improve the environment.

Principle 15

      Planning must be applied to human settlements and urbanization with a view to avoiding adverse effects on the environment and obtaining maximum social, economic and environmental benefits for all. In this respect projects which arc designed for colonialist and racist domination must be abandoned.

Principle 16

      Demographic policies which are without prejudice to basic human rights and which are deemed appropriate by Governments concerned should be applied in those regions where the rate of population growth or excessive population concentrations are likely to have adverse effects on the environment of the human environment and impede development.

Principle 17

      Appropriate national institutions must be entrusted with the task of planning, managing or controlling the 9 environmental resources of States with a view to enhancing environmental quality.

Principle 18

      Science and technology, as part of their contribution to economic and social development, must be applied to the identification, avoidance and control of environmental risks and the solution of environmental problems and for the common good of mankind.

Principle 19

      Education in environmental matters, for the younger generation as well as adults, giving due consideration to the underprivileged, is essential in order to broaden the basis for an enlightened opinion and responsible conduct by individuals, enterprises and communities in protecting and improving the environment in its full human dimension. It is also essential that mass media of communications avoid contributing to the deterioration of the environment, but, on the contrary, disseminates information of an educational nature on the need to project and improve the environment in order to enable mal to develop in every respect.

Principle 20

      Scientific research and development in the context of environmental problems, both national and multinational, must be promoted in all countries, especially the developing countries. In this connection, the free flow of up-to-date scientific information and transfer of experience must be supported and assisted, to facilitate the solution of environmental problems; environmental technologies should be made available to developing countries on terms which would encourage their wide dissemination without constituting an economic burden on the developing countries.

Principle 21

      States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.

Principle 22

      States shall cooperate to develop further the international law regarding liability and compensation for the victims of pollution and other environmental damage caused by activities within the jurisdiction or control of such States to areas beyond their jurisdiction.

Principle 23

     Without prejudice to such criteria as may be agreed upon by the international community, or to standards which will have to be determined nationally, it will be essential in all cases to consider the systems of values prevailing in each country, and the extent of the applicability of standards which are valid for the most advanced countries but which may be inappropriate and of unwarranted social cost for the developing countries.

Principle 24

      International matters concerning the protection and improvement of the environment should be handled in a cooperative spirit by all countries, big and small, on an equal footing.

     Cooperation through multilateral or bilateral arrangements or other appropriate means is essential to effectively control, prevent, reduce and eliminate adverse environmental effects resulting from activities conducted in all spheres, in such a way that due account is taken of the sovereignty and interests of all States.

Principle 25

      States shall ensure that international organizations play a coordinated, efficient and dynamic role for the protection and improvement of the environment.

Principle 26

      Man and his environment must be spared the effects of nuclear weapons and all other means of mass destruction. States must strive to reach prompt agreement, in the relevant international organs, on the elimination and complete destruction of such weapons. 

Outcomes of Stockholm Conference 1972

The United Nations Conference on the Human Environment 1972

§The Stockholm Conference produced

§A Declaration of 26 Principles

§An Action Plan of 109 recommendations.

§Resolution on International and Financial Agreement, which  recommended the establishment of following institutions:

§Governing Council for UNEP

§Environment Secretariat

§Environment Coordination Board

§Environment Fund 

§Resolution on designation of a world Environment Day.(5 June)

   §Resolution on Nuclear Weapons tests which condemned nuclear tests        especially those carried out in the atmosphere and called upon states to refrain  from conducting  such tests. 

Importance of Stockholm Conference 1972

Importance of Stockholm Conference 1972 

§It was the event that turned the environment into a major issue at the international level.

§ The conference drew together both developed and developing countries.

§The Stockholm Declaration on the Human Environment and Principles constituted the first body of ‘soft law’ in international environmental affairs .

Background of the Stockholm Conference 1972

The Background of the Stockholm Conference 1972

The need for environmental protection first appeared at local and national levels where the effects of environmental deterioration were directly felt.

}Environmental protection had become a significant public and political issue in nearly all developed states.

◦Canada,

◦ Sweden,

◦Japan,

◦Great Britain

◦United States of America.

}More emphasis  on environmental protection by developed nations gave rise to the suspicion that:

◦ the environmental movement could be a new and concealed form of neo-imperialism and

◦ the developed countries of the world wished to keep the developing countries

–as a subservient supplies of low priced raw materials and

–consumer of industrial output of the developed countries.

}Environmental concerns were regarded as Western luxuries by developing countries.

}According to India’s PM, Indira Ghandi ‘Poverty is the worst form of pollution,’.

}‘We hold that of all things in the world, people are the most precious,’ said Tang Ke, leader of the Chinese delegation to the Stockholm conference.

}The official initiative for the Stockholm conference came from the Sweddish representative to the UN.

}It was considered by ECOSOC on July 30, 1968.

}which was followed by the establishment of a Preparatory Committee (PREPCOM) for Conference consisting of members from 21 countries under the guidance of Maurice Strong (Secretary-General of the Conference).

} The PREPCOM met four times to finalize the arrangements for the Conference. 

}The U N Conference on Human Environment for the Preservation and Enhancement of its quality met at Stockholm on June 6-16, 1972.