INTRODUCTION -
- Sustainable development goals are being followed since 2015 through all member countries of the United Nations to cease poverty and pollution, thereby protecting the planet and imparting peace and prosperity by 2030. There are 3 goals of sustainable improvement – Economic growth. Environmental protection. Social inclusion. The principle of sustainable development seeks to achieve the following three basic objectives: (1) to maintain production of goods and services for development and efficiency; (2) conversation and management of neutral resources including preservation of biodiversity and maintenance of biological integrity; (3) maintenance and enhancement of the quality of life adopting the principle of equitable distribution of wealth and material resources. This objective may respectively be called economic, environmental, and social objectives of the principle of sustainable development, which I have already mentioned in the introduction. The precept of sustainable development which acquired a worldwide reputation due to the Brundtland Commission Report (1987) became overwhelmingly supported by all of the nations. Some of the salient ideas which underlie the idea of sustainable development had been spelled out in the Rio Declaration, 1992 and Agenda 21. Therefore, those ideas have been given to be always observed on the way to gain the goal of sustainable development. These ideas are as follows (1) Inter-Generational Equity.- The precept of inter-generational FAIRNESS AND EQUITY pre-supposes the proper use of every technology and natural resource. The precept emphasizes on conservation of biodiversity assets and of renewable resources like forests, water, soil, etc. The precept of inter-generational equity has its genesis in Principles 1 of the Stockholm Declaration, 1972 in which surroundings have been taken to be usefully utilized in present times as well as conserved for future generations. Both those ideas are reproduced as follows: Principle 1.- Man has the right to freedom, equality, and decent lifestyles, in surroundings o that allows lifestyles of dignity and well-being, and he bears a solemn obligation to defend the environment for the existing and future generations. Principle 2.-Natural resources like air, water, lands, plants, and fauna, need to be safeguarded for the advantage of the existing and future generations thru cautious plans and management, as appropriate. In A.P. Pollution Control Board v. M.V. Nayudu, the Apex Court held that wherein the State Government attempts to bring stability by managing the environment and economic 2 growth, it might not be right to restrict govt. it from doing so. the ‘precept of polluter pays’, preserving the environment, the precept of sustainable improvement and the ‘precept of inter-generational fairness must be kept in mind by govt. 2. CONSERVATION OF NATURAL RESOURCES - This principle requires that the earth's natural resources should BE UTILISED in such a way that they may be conserved and enhanced for the future generation. It must be borne in mind that natural resources are already depleting due to poverty, over-population, urbanization, industrialization. 3. POLICIES FOR ENVIRONMENT PROTECTION -The problem of environmental protection generally emanates from water resources, forests, agriculture, industry, energy, power, etc., therefore, policy decisions in these sectors should be environmental oriented and well planned to ensure that there is no degradation in the natural environment 4. Precautionary Principle- The precautionary precept seeks to make sure that a substance or human activity which might also additionally be a reason of danger to the surroundings and such human activity is averted from inflicting damage to surroundings, Thus, precautionary precept pre-supposes that onus of proof is at the industrialist to reveal that his action is benign, that isn't always dangerous to surroundings. The principle has been described in Principle 15 of the Rio Declaration, 1992.” According to this precept, “in which there's a danger of significant or irreversible environmental damage. 5. POLLUTER PAYS -The Supreme Court in M.C. Mehta v, Kamal Nath, observed that the ‘polluter pays principle has been recognized as a fundamental objective of Government's environmental policy to prevent and control pollution. The Court in this case observed that the calculation of environmental damages should not be based on a claim put forward by the party, but it should be based on examination of the situation by the Court, keeping in view the factors such as deterrent nature of the award. Principle 16 of the Rio Declaration of Earth Summit, 1992, reads as follows:- “Principle 16 National authorities should endeavor to promote the internationalization of environmental costs and the use of economic instruments taking into account the approach that the polluter should in principle bear the cost of pollution with due regard to the public interest and without distorting international trade and investment. 5. Precautionary Principle -The precautionary precept seeks to ensure that a human activity that may cause a threat to the surroundings is averted from inflicting damage to surroundings and environment, although there may be no conclusive evidence of linking that particular substance or human activity to environmental harm. Thus, precautionary precept pre-supposes that the onus of evidence is at the industrialist to expose that his movement is benign, that isn't always dangerous to surroundings. The precautionary precept withinside the context of the environmental safety is largely about the management of scientific risk. It is part of the idea of 3 ecologically sustainable development and has been described in Principle 15 of the Rio Declaration, 1992.” According to this precept, “in which there may be a chance of serious or irreversible environmental harm, loss of complete scientific certainty should not be used as a purpose for postponing measures to prevent environmental degradation." In different words, any human activity or behavior which bears a dangerous impact on the surroundings, has got to be averted at all costs. The first case on which the apex court had applied the doctrine of ' Sustainable Development' was Vellore Citizen Welfare Forum vs. Union of India. In the instant case, a dispute arose over some tanneries in the state of Tamil Nadu. These tanneries were discharging effluents in the river Palar, which was the main source of drinking water in the state. The Hon'ble Supreme Court held that: We have no hesitation in holding that the precautionary principle and polluter pays principle are part of the environmental law of IndiaThe court also held that: Remediation of the damaged environment is part of the process of 'Sustainable Development and as such polluter is liable to pay the cost to the individual sufferers as well as the cost of reversing the damaged ecology. ConclusionSome important acts have been introduced in the Indian Legal system such as The National Green Tribunal Act 2010; The Air (Prevention and Control of Pollution) Act, 1981; The Water (Prevention and Control of Pollution) Act, 1974; The Environment Protection Act, 1986; The Hazardous Waste Management Regulations, etc. However, these laws are facing a severe problem of implementation at the ground level, making many questions about the effectiveness and seriousness of environmental laws in the country. It was a while before the Constitution added the “right to live in a healthy environment” under Article 21 explicitly, which in reality is lost nowadays.
Sustainable development goals are being followed since 2015 through all member countries of the United Nations to cease poverty and pollution, thereby protecting the planet and imparting peace and prosperity by 2030. There are 3 goals of sustainable improvement – Economic growth. Environmental protection. Social inclusion. The principle of sustainable development seeks to achieve the following three basic objectives: (1) to maintain production of goods and services for development and efficiency; (2) conversation and management of neutral resources including preservation of biodiversity and maintenance of biological integrity; (3) maintenance and enhancement of the quality of life adopting the principle of equitable distribution of wealth and material resources. This objective may respectively be called economic, environmental, and social objectives of the principle of sustainable development, which I have already mentioned in the introduction. The precept of sustainable development which acquired a worldwide reputation due to the Brundtland Commission Report (1987) became overwhelmingly supported by all of the nations. Some of the salient ideas which underlie the idea of sustainable development had been spelled out in the Rio Declaration, 1992 and Agenda 21. Therefore, those ideas have been given to be always observed on the way to gain the goal of sustainable development. These ideas are as follows (1) Inter-Generational Equity.- The precept of inter-generational FAIRNESS AND EQUITY pre-supposes the proper use of every technology and natural resource. The precept emphasizes on conservation of biodiversity assets and of renewable resources like forests, water, soil, etc. The precept of inter-generational equity has its genesis in Principles 1 of the Stockholm Declaration, 1972 in which surroundings have been taken to be usefully utilized in present times as well as conserved for future generations. Both those ideas are reproduced as follows: Principle 1.- Man has the right to freedom, equality, and decent lifestyles, in surroundings o that allows lifestyles of dignity and well-being, and he bears a solemn obligation to defend the environment for the existing and future generations. Principle 2.-Natural resources like air, water, lands, plants, and fauna, need to be safeguarded for the advantage of the existing and future generations thru cautious plans and management, as appropriate. In A.P. Pollution Control Board v. M.V. Nayudu, the Apex Court held that wherein the State Government attempts to bring stability by managing the environment and economic 2 growth, it might not be right to restrict govt. it from doing so. the ‘precept of polluter pays’, preserving the environment, the precept of sustainable improvement and the ‘precept of inter-generational fairness must be kept in mind by govt.
2. CONSERVATION OF NATURAL RESOURCES - This principle requires that the earth's natural resources should BE UTILISED in such a way that they may be conserved and enhanced for the future generation. It must be borne in mind that natural resources are already depleting due to poverty, over-population, urbanization, industrialization.
3. POLICIES FOR ENVIRONMENT PROTECTION -The problem of environmental protection generally emanates from water resources, forests, agriculture, industry, energy, power, etc., therefore, policy decisions in these sectors should be environmental oriented and well planned to ensure that there is no degradation in the natural environment
4. Precautionary Principle- The precautionary precept seeks to make sure that a substance or human activity which might also additionally be a reason of danger to the surroundings and such human activity is averted from inflicting damage to surroundings, Thus, precautionary precept pre-supposes that onus of proof is at the industrialist to reveal that his action is benign, that isn't always dangerous to surroundings. The principle has been described in Principle 15 of the Rio Declaration, 1992.” According to this precept, “in which there's a danger of significant or irreversible environmental damage.
5. POLLUTER PAYS -The Supreme Court in M.C. Mehta v, Kamal Nath, observed that the ‘polluter pays principle has been recognized as a fundamental objective of Government's environmental policy to prevent and control pollution. The Court in this case observed that the calculation of environmental damages should not be based on a claim put forward by the party, but it should be based on examination of the situation by the Court, keeping in view the factors such as deterrent nature of the award. Principle 16 of the Rio Declaration of Earth Summit, 1992, reads as follows:- “Principle 16 National authorities should endeavor to promote the internationalization of environmental costs and the use of economic instruments taking into account the approach that the polluter should in principle bear the cost of pollution with due regard to the public interest and without distorting international trade and investment. 5. Precautionary Principle -The precautionary precept seeks to ensure that a human activity that may cause a threat to the surroundings is averted from inflicting damage to surroundings and environment, although there may be no conclusive evidence of linking that particular substance or human activity to environmental harm. Thus, precautionary precept pre-supposes that the onus of evidence is at the industrialist to expose that his movement is benign, that isn't always dangerous to surroundings. The precautionary precept withinside the context of the environmental safety is largely about the management of scientific risk. It is part of the idea of 3 ecologically sustainable development and has been described in Principle 15 of the Rio Declaration, 1992.” According to this precept, “in which there may be a chance of serious or irreversible environmental harm, loss of complete scientific certainty should not be used as a purpose for postponing measures to prevent environmental degradation." In different words, any human activity or behavior which bears a dangerous impact on the surroundings, has got to be averted at all costs. The first case on which the apex court had applied the doctrine of ' Sustainable Development' was Vellore Citizen Welfare Forum vs. Union of India. In the instant case, a dispute arose over some tanneries in the state of Tamil Nadu. These tanneries were discharging effluents in the river Palar, which was the main source of drinking water in the state. The Hon'ble Supreme Court held that: We have no hesitation in holding that the precautionary principle and polluter pays principle are part of the environmental law of IndiaThe court also held that: Remediation of the damaged environment is part of the process of 'Sustainable Development and as such polluter is liable to pay the cost to the individual sufferers as well as the cost of reversing the damaged ecology.
Conclusion-Some important acts have been introduced in the Indian Legal system such as The National Green Tribunal Act 2010; The Air (Prevention and Control of Pollution) Act, 1981; The Water (Prevention and Control of Pollution) Act, 1974; The Environment Protection Act, 1986; The Hazardous Waste Management Regulations, etc. However, these laws are facing a severe problem of implementation at the ground level, making many questions about the effectiveness and seriousness of environmental laws in the country. It was a while before the Constitution added the “right to live in a healthy environment” under Article 21 explicitly, which in reality is lost nowadays.
Wonderfully written and explained