Sustainable Development And it's Salient Features| Origin of Sustainable Development| Environment Law

SUSTAINABLE DEVELOPMENT AND ITS SALIENT FEATURES

With the increasing modernization and globalization, we have witnessed large-scale exploitation of all the physical as well as the human resources. Even at present, this exploitation is haunting us with numerous problems, such as global warming, climate change, depletion of the ozone layer, etc. It is very important for us to take immediate steps to protect our planet against all such mishappening. We are playing with our environment which provides us with all the basic necessities of living a healthy life. There is an imminent danger that we might run out of our existing resources, and our future generation will have nothing to survive upon.

Thus, to protect our resources for our future generations, the concept of sustainable development came into existence. In this article, we will discuss thoroughly the concept of sustainable development. Further, we will shed light on its features, principles, and judicial interpretation of the same.

What Is Sustainable Development?

As per United Nations (UN), the term ‘sustainable development’ refers to that development wherein the resources are used in such a manner that it satisfies our present requirement without compromising the requirement of our future generation. This is based on the principle that ‘we owe this environment to our future generation, and it is our duty to protect it with utmost care and caution.’

This concept of sustainable development aims to create an attitude toward economic extension which ensures that the need of our future generation shall be given due consideration. With this principle, we aim toward sustainable growth with sensible use of resources. In sustainable development, the conservation, protection, and nurturing of all the resources of our environment are given paramount importance.

Origin of Sustainable Development

The roots of sustainable development can be traced back to the Stockholm Declaration of 1972. However, this concept really came into existence at the United Nations Conference on Environment and Development. This conference was held in Rio De Janeiro in the year 1992. At this conference, all the leaders of major countries across the world acknowledge the need for sustainable development with a sensible usage of our resources. It was unanimously resolved that it is important to work collectively to protect our limited resources.

After the conference, a report titled ‘Brundtland report’ was published in 1987. In this report, Prime Minister Brundtland extensively talked about sustainable development. According to him, all the countries should strive for a development that did not hamper the resources available for our future generations. The ideas of Mr Brundtland became a cornerstone of the principle of sustainable development.

Scope of Sustainable Development

It is very important to note that the concept of sustainable development is not limited to a single region, state or a single country. It is a global concept which calls for a collective effort of all the countries for a better and sustainable future. This collaborative approach aims to simplify the complex relationship between environment and growth. Nowadays, it is happening that some developed countries are literally exploiting our resources in the name of growth and development. For instance – A large number of natural resources are wasted in the production of a nuclear weapon, which does not serve any prolific purpose.

The concept of sustainable development aims to strike a balance between the growth of a nation and the exploitation of our resources. Though there cannot be legally specified limits on the usage of resources, this concept aims to create a consciousness about such wastage of resources. The term sustainability includes programs, initiatives, and necessary actions to create awareness about our depleting resources. It is highly important to note that human, social, economic, and development are the 4 pillars of the concept of sustainable development.

In a nutshell, the scope of sustainable development involves-

The technological, economical and other crucial aspects

1. It involves mutual connection and cooperation between individuals and society at the economic as well as the developmental level

2. It aims for global sustainability with collective efforts from all the countries of the world.

3. It includes the sustainable use of water, energy, land, and other biological resources

4. It encompasses the regulation concerning population and human activities.

5.Planning and economic growth to overcome the shortage of our existing resources

Importance of Sustainable Development

In the present time, the importance of sustainable development has grown manifold as it aims to combat the environmental crisis while facing the challenge of economic development. With the rapid use of resources, sustainable development aims to aware people of the need of protecting them to provide basic necessities to our future generation.

This concept promotes global brotherhood and harmony as all the leaders of the countries will share a platform and work collectively for global welfare. This aims to strike a balance between protection and development and all the industries will be provided alternative methods to make good their production capacity. It will also result in the optimum utilization of our underutilized resources.

Goals And Principles Of Sustainable Development

In the Brundtland Commission Report, the goals of sustainable developments were discussed, which are as follows-

1.Removal of poverty from all over the world by 2030

2.Eradicate the problem of hunger and undernutrition by 2030

3.Promote a healthy lifestyle with well being at all places of the earth by 2030.

4.To provide quality education free of cost to all the children across the globe by 2030

5.To achieve the goal of gender equality by 2030.

6.To carve out a policy of better utilization of water and other biological resources

7.To promote inclusivity and global equality.

8.To create a robust and resilient infrastructure to promote industrial growth by 2030.

9.Initiate actions to protect our planet from climate changes.

10.To emphasise the use of resources in such a manner that our future generation gets ample opportunity for development.

Sustainable Development in India

In India, the ecosystem is confronting a severe crisis as the area of agriculture has decreased substantially. More than 10% of our flora and fauna are on verge of extinction. Our prime sources of water, such as rivers, lakes, etc. are severely polluted from industrial wastage. Moreover, two-thirds of the land is degraded and the modern waste, such as chemicals etc. is left free in the running rivers to destroy our aquatic biodiversity.

Wildlife Conservation Efforts in India, Importance of Wildlife Conservation

In spite of that, our country has shown some positive signs relating to sustainable development. Our country works on the parameter of ideation and diplomacy. India is one of the first countries which participated in the Voluntary National Reviews to ascertain and measure the growth of sustainable development. Further, our country has constantly funded the United Nations to boost the agenda of sustainable development. It is also working rigorously with G77 to spread awareness regarding sustainable development in all the countries of the world.

Major Initiatives by the Government-

In line with the spirit of sustainable development, India has passed numerous Acts to preserve our resources. Some of them are as follows-

1.The Water (Prevention and Control of Pollution) Act 1974

2.The Forest (Conservation) Act 1980

3.The Air (Prevention and Control of Pollution) Act 1980

4. The Environment (Protection) Act 1986

1.In addition to that, the government has set up a National Green Tribunal (NGT) in the year 2010. The Tribunal is vested with exclusive powers to adjudicate the matters pertaining to the issue of the environment. In the last few years, it has passed various landmark judgements against the large multi-corporate houses, which were non-compliant with the protection of the environment. The Tribunal is not bound by the principles of the Civil procedure (CPC) and works in accordance with the principle of natural justice.

2.India also implemented the National Clean Air Program 2019 to create awareness regarding the importance of clear air to our health. This program aims to reduce air pollution and improve the air quality index by adopting necessary steps at both the central as well as at state levels.

3.In 2014, Namami Ganges Mission was introduced to clean and rejuvenate our holy river, Ganga. Importantly, it aims to create a better sewage treatment infrastructure and factory handling to reduce pollution.

4.Apart from the Central government the state governments have enforced the state action plans on climate change to build capacity and implement sector activities. Till now 27 states and 5 Union territories have adopted this strategy in sectors like water, land, air, migration tourism, forestry, agriculture and etc.

5. India is a signatory of the Paris agreement and created various specialized funds for environmental protection, such as the Coal Cess and the National Clean Energy Fund, the National Adaptation Fund of Climate Change, etc.

These salient features are as under:

1.Intergenerational equity:

                       It means that every generation is having a right to get benefitted from the natural resources that are there. But at the same time , every generation is under an obligation to preserve such heritage for the future ones , so that they may also enjoy the same.

In State Of Meghalaya Vs All Dimasa Students Union , it was held that natural resources of the country are not meant to be consumed only by the present generation. These treasures of nature are for all generations to come and present generation owes a duty to preserve and conserve the same.

 

2.Use and conservation of natural resources:

This is quite similar to the above principle . It suggests that present generation should make limited use of resources. We , as present generation should not make use of resources in such a way that we become unable to use them in future. We must conserve both flora and fauna for the benefit of both present as well as future generations through proper planning and management.

 

3.Environmental protection:

It is an essential part of sustainable development. Because if there would be shortage of resources, it will undermine the development and without development, world economy would suffer. It is often the poor who suffers much from environmental degradation because unlike rich the poor cannot afford to protect themselves from contaminated water or anything like that.

In Citizen, Consumer And Civic Action Group Vs Union Of India, where an NGO filed PIL for addressing the grievances caused by severe soil and water pollution due to the discharge of un treated sewage water from tanneries. Then the supreme court held that if the society has to prosper , it shall not be at the expanse of environment. Like wise environment shall not be protected at the cost of development. There must be balance between the two . They must coexist and must go hand in hand.

 

4.Precautionary principle:

As per this principle, substance or any activity is prevented from adversely affecting the environment which is posing a threat to the environment even if there is no link between that substance and environmental damage. This principle is based on sort of anticipatory action which is to be taken to prevent the harm. But the application of this principle is not easy.

Sometimes it may result in irreversible damage to the environment and sometimes it may cause damage to economic interests. But it has been seen in most of the cases that the predominance is given to the environment over economy. In A.P.Control Pollution Board Vs Prof Mv Nayadu, it has been said that it is better to go wrong in taking measures for environmental protection rather waiting for the repercussions.

Further this principle was recognized by almost all conventions at International level. In Earth Summit 1992, this principle was elaborated and was given much significance

In Vellore Citizens welfare forum vs U.O.I(1996), the court held that precautionary principle and polluter pays principal are essential features of sustainable development. Also the document ,"caring for earth "produced by world conservation union in 1991 has recognized the same.

The same principle has been applied in M.C.Mehta Vs U.O.I (1997 popularly known as Taj Mahal Case And Narmada Bachao Andolan Vs U.O.I..

 

5.Polluter pays principle:

It says that polluter is not only liable to pay the cost of environmental degradation to the individual, who got suffered but polluter is having a duty to compensate and restore the environment or ecology. This principle was introduced by Organization for Economic Cooperation and Development which was earlier known as Organization for European and Economic Development 1972.

In Indian Council for Envirolegal Action Vs U.O.I, where a notice was brought by the organization, where in the sufferings of people of Bichri village of Rajasthan were highlighted because of industries which were involved in manufacturing certain chemicals. With the result different toxic substances were discharged from the same. Considering this matter, Supreme Court held that those who are engaged in an activity which is inherently dangerous are absolutely liable for the consequences. They have to compensate the people of that area as well as they have to restore the environment back to its normal position.

In Ishwar Singh Vs S.O.Haryana (1955), there were some stone crushers who were restricted from carrying out any sort of stone crushing activities within prescribed limit. Despite of the restrictions, they continue the same. It was contented that such activities were causing breathing or respiratory problems. So,they were directed to change the place of business and to compensate those who get affected.

 

6.Obligation to Assist and co-operate:

Environmental problem being a global issue , can be tackled down only with the assistance and cooperation of all the states which are there. States are under an obligation to co-operate in good faith in the further development of international law in the field of sustainable development. This feature is laid down under principle 9, 10 , 12 and 27 of Rio Declaration. Further, this principle says that Environmental problems can be carved out by the best model of the participation of all the people at different levels of the world.

 

7.Eradication of poverty:

It has been said , "the worst pollutant we face is the poverty". Brundtland commission has pointed out that it is the poverty which is responsible for over exploitation of resources because it increases pressure on ecology and results in depletion. It is one of the factors that reduce the tendency of people to use the resources in a sustainable way.

 

8.Financial assistance to developing countries:

As we know the fact that developing countries do not possess much technology and finances to sustain their life. They go for over exploitation of resources to satisfy their basic human needs. So, to curb such exploitation what is required is that developing countries must be provided financial assistance as well as the technologies from the developed nations must be transferred to developing countries to achieve the goal of sustainable development.

 

9.Doctrine of public trust:

This doctrine was propounded by the Roman Empire around 1500 years ago. In India, this doctrine has been evolved by the court practices and is also having tremendous significance in the Indian constitution.

In M.C.Mehta Vs Kamalnath (1996), This doctrine has been used for the first time. This case is also known as SPAN MOTAL CASE, wherein span motels Ltd. was the name of the company which has to construct a hotel( motel) on the banks of river( Beas) . They were allowed to change the course of the river by the ministry of Environment for their construction purposes. The company encroached upon certain area of land which also included in it the forest land.