The dictionary meaning of the term ‘environment’ is the surroundings, external conditions which influence life and includes all living creatures as well as non living components of the planet Earth taken together with all the events that occur.
Every living organism, including man is dependent upon its environment though man is the only creature which can make alterations in the same. However with the growth of science and technology, these alterations became so great that they started degrading the environmental conditions.
Expressing concern over this degradation, representatives of 113 countries met at Stockholm1 in Sweden in the year 1972 and evolved the concept of sustainable development.Sustainable development is the process by which the needs of the present are satisfied without hampering with the aspirations of the future. In this process, both the industrial as well as other developmental processes are involved.
Thus, Sustainable development means industrial development in such a way that the environment is not harmed and involves the following :
1. Use of renewable source of energy.
2. Recycling and reuse of waste
3. Prohibition on over exploitation of natural resources.
The Stockholm conference was a landmark step in the field of environmental laws as here for the first time concerns over the environmental degradation were raised and the sustainable means of development were discussed.
In the year 1982, another conference was held at Nairobi to celebrate the tenth anniversary of the Stockholm conference and to further develop the law relating to sustainable development. Further, the World Commission on Environment And Development was established here to monitor the various developments in this field.
The year 1992 was another landmark year as the earth Summit was held at Rio to further develop the concept of sustainable development. Here, various principles regarding the sustainable methods of agriculture and industrial development were laid down.
Finally, in the year 1997, various principles on sustainable development were laid down in the Kyoto Protocol to the United Nations Framework Convention on Climatic Change. With this protocol, all the major principles for the promotion of sustainable development were laid down.
Following the Stockholm declaration, of which India was a signatory, by the 42nd Constitution (Amendment) Act, 1976, two new Articles (Article 48-A and Article 51-A (g)) were added in the Indian Constitution which made the environmental protection a duty of both the State as well as the citizens. Exercising its legislative power given under Article 253, the Parliament of India has also enacted a number of laws for the protection of the environment that are as follows:
1. The Air (Prevention and control of Pollution) Act,1981
2. The Water (Prevention and control of Pollution) Act, 1974
3. The Wildlife (Protection) Act, 1972
4. The Environment (Protection)Act, 1986
Further, the various five year plans also emphasized upon the sustainable methods of development.The Indian law courts have also adopted the concept of sustainable development while dealing with environmental litigation and have included the same under Article 21 as a part of right to life2 .
In the Vellore case3, it was defined as the balancing concept between ecology and development. Under the concept of sustainable development, the law courts have evolved two new principles4 that are :
1.Precautionary principle
2.Polluter pays principle
1. Precautionary Principle –
It states that it is better to avoid any project that can harm the environment. It means that where it is possible to foresee the damage, the project or method of development should be altered or in case be avoided.
2. Polluter pays Principle –
It states that any person, whose activities lead to pollution shall be liable to make compensation both to the individual sufferers as well as for the improvement of the damaged environment. It is the liability of the person
whose activities damage the environment to make good the same. He has to pay the cost of the damage done by him.
Thus, the concept of sustainable development is the common anthem of both the industrialist as well as the environmentalist.
The concept of sustainable development has varied applications as under
1. Sustainable development and land use
The concept of sustainable development plays a major role where land use is concerned. Its applicability lies wherever mining, construction or any other activity is to be undertaken. It helps in maintaining a proper balance between environment and land use.
2. Sustainable development and ecology
Sustainable development is also instrumental whenever ecological concerns are raised. For the protection of various life forms and their habitats , this concept is sought for.
3. Sustainable development and coastal zone management
Coasts are very fragile areas. Their ecology is also very fragile and faces danger from municipal wastes and other forms of construction s on the sea coasts. Sustainable methods of development are used for protecting these areas.
4. Sustainable development and large projects
Large projects present major damage to the environment. These require the maximum monitoring to prevent environmental degradation and thus, this concept has the maximum applicability here. However, while applying the concept, courts have to pay attention at the benefits of the project. This concept has its applicability in determining the benefit of the maximum.
The problems regarding the application of the principle arise from the fact that in a developing country, it is not possible to ignore and set aside the industrial development, as by doing the same the economy of the nation will suffer and therefore the principle will have a limited application. However, in order to avoid the over exploitation of the natural resources the principle comes into play. It has the major application where developmental activities can lead to the problems related to pollution and the destruction of the natural environment. However, while applying the doctrine, the developmental processes cannot be ignored. Sustainable development lies in balancing the developmental activities with the environmental issues.
For the appropriate sustainable development, it is suggested that van panchayats at village and town levels are formed. Further, laws for the implementation of the same as well as provisions for rewarding people working in the field should be made by the government. All developmental activities should be scrupulously monitored so as to protect the environment from damage.
In the end, it can be said that the concept of sustainable development is the need of the hour where large scale development is posing a threat to both the environment as well as the life.
1.United Nation’s conference on human environment was held at Stockholm in Sweden in the year 1972.
2.Subhash Kumar v State of Bihar 1991 SC 420
3.Vellore citizen’s welfare forum v UOI AIR 1996 SC 2715
4. Vellore citizen’s welfare forum v UOI AIR 1996 SC 2715
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