Author: Garima Singh, Research Associate<\/b><\/p>\n
\u201cBy destroying nature, environment, man has committed matricide, having in a way killed mother earth. Technological excellence, growth of industries economical gains have led to depletion of natural resources irreversibly, indifference to the grave consequences, lack of concern and foresight have contributed in large measures to the alarming position ((TN Godarvarman Thirumalpad v. Union of India [2002] 10 SCC 606 at p 613)).<\/p>\n
–\u00a0Justice Arijit Pasayat<\/p>\n
Subsistence and\u00a0development\u00a0are both permanent concerns of humankind.\u00a0 Ecological systems provide the material foundation for human subsistence and\u00a0development.\u00a0 The modern industrial revolution has brought increased prosperity to the world, but it has also\u00a0threatened — and in some cases destroyed — ecological systems.\u00a0 At present, air, water, soil and species on the Earth have been polluted to a dangerous extent- Human society- thus faces the most severe environmental crisis in history. The environmental- development dilemma is no longer a problem now, as sustainable development has grown into a pragmatic concept. However the development projects like Narmada and Tehri Dam project have been praised as well as criticized. There has been indiscriminate mining of useful micro-organisms by various developed countries from the sea beds which are used to make certain life saving drugs. But think what depletion of these micro- organisms will lead to? It will disturb the environment balance. These micro-organisms helps in keeping the water clean, thereby making it fit for other aquatic animals to survive. If there are no useful micro- organism there would be no life in sea.<\/p>\n
Environment:<\/b><\/p>\n
\u201cThe term environment can describe a limited area, the entire planet or even include a part of outer space that surrounds the earth\u201d<\/p>\n
From the time human gained consciousness and started to harness potential trapped in the environment, it has led to evolution. Despite evolution and the sophistical stage we have reached, humans have the same basic needs, but have only elevated to more sophisticated forms. Human being must ensure their own survival by maintaining peace in the world and also by having access to basic necessities.<\/p>\n
The 1992 declaration of Rio de Janeiro on Environment & development proclaimed that development must be sustainable, which means it shall not exhaust the earth\u2019s natural resources. The political declaration adopted in 2002 by the world summit on sustainable development (WSSD) stressed on Universal character of the obligation of sustainable development.<\/p>\n
It is imperative here to understand the meaning of\u00a0development. One might argue that it depends entirely on the viewpoint one takes, which needless to say, is conditioned and supported by one\u2019s social, political and cultural background and imperatives. The meaning attributed to \u201cdevelopment\u201d may range from \u201ceconomic growth\u201d, to \u201ccultural, political growth\u201d, to \u201cthe degree of comprehensive freedom achieved within an individual to develop space in dimensions social, cultural, political, economic and spiritual\u201d.<\/p>\n
To get a grasp of the meaning attributed to \u201cdevelopment\u201d by the Declaration on the Right to\u00a0development, the preamble to the declaration lays down:<\/p>\n
\u00a0<\/i>\u201cDevelopment\u00a0is a comprehensive economic, social, cultural and political process, which aims at the constant improvement of the well-being of the entire population and of all individuals on the basis of their active, free and meaningful participation in development\u00a0and in the fair distribution of benefits resulting there from.\u201d<\/p>\n
Development must, however be sustainable, which means that resources of the planet are used and managed so that they will be sufficient for ensuring satisfaction of the present as well as future generations. This kind of concept is called \u2018Sustainable Development\u2019, i.e. the co- relation of right to development and right to clean environment. Sustainable development as referred to by the World Commission on Environment and Development ((WCED (World commission on Environment and Development), (Brundtland\u00a0 Report) \u2018Our common future\u2019, Oxford University Press, Oxford, 1989.))involves the three conceptual elements:<\/p>\n
Recent conventions on Environment and Sustainable Development: Some of them are as follows:<\/p>\n
Situation in India<\/b><\/p>\n
India is developing fast. In spite of the fact that the industry in India is required\u00a0and\u00a0it has been providing employment, revenue to the Government and getting\u00a0\u00a0\u00a0\u00a0good foreign exchange in case of exports,\u00a0preference is to be\u00a0given to save environment. It must\u00a0\u00a0realized that \u00a0though the environmental degradation are\u00a0\u00a0\u00a0the inevitable consequences of industrial\u00a0development\u00a0in our country, but at the same time the quality of environment cannot be permitted to be damaged by polluting the air, water and land to such an extent that it becomes a health hazard.<\/p>\n
Judiciary: <\/b><\/p>\n
The Judiciary in India has been taking steps for directing state\u00a0agencies, to strictly adhere to the legislations in protecting the environment and arresting the various\u00a0manmade disasters.\u00a0\u00a0The Judiciary has taken such steps especially, because of the various public interest litigations arisen out of manmade disasters such as Bhopal Gas tragedy<\/i> etc.\u00a0It was held in MC Mehta Vs Union of India and others<\/i>, ((WP No:13029 of 1985, ordered by the Supreme Court of India in April 2002))that one of the principles underlying environmental law is\u00a0sustainable\u00a0development. This principle requires development\u00a0to take place\u00a0which\u00a0ecologically\u00a0sustainable.<\/p>\n
It was further held that there are two\u00a0essential features of sustainable\u00a0development\u00a0such as precautionary principle and polluter pays principle.<\/p>\n
The precautionary principle: It was elucidated by the Supreme Court in Vellore Citizens\u2019 Welfare Forum Vs Union of India and other (1996)<\/i>\u00a0\u00a0\u00a0states\u00a0that the state government and its agencies\u00a0must\u00a0anticipate,\u00a0prevent, attack the causes of\u00a0\u00a0environmental degradation.. States should not take up any activity and measure which is not environment friendly.<\/p>\n
Polluter Pays principle: This for the first time was evolved by the Organization for economic co-operation and development (OECD). The principle basically means that the industrialist is responsible for pollution caused and for cost of preventing such damages (i.e. expenses for its repair).<\/p>\n
Conclusion:<\/b><\/p>\n
In the past century, environmental issues have become interestingly global in scale. Management solution often urges us to \u2018think globally and act locally\u2019 based on the premise that global problems reflect the collective consequences of local actions. So we should adopt this strategy because environment degradation is a global problem. For the sake of saving environment, we cannot stop all the development activities because development is also necessary for economies to sustain in this competitive world.<\/p>\n
\u00a0I would like to wrap up the article by quoting few lines by Fidel Castro-<\/p>\n
\u201cThe solution cannot be that which bans the development of those who need it the most; the fact is that everything that contributes to underdevelopment and poverty is an open violation of ecology\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"
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