Download Sustainable Development

FOR PUBLICATION
Justice P.A. Mohammed,
Former Judge, High Court of Kerala,
‘Sunshine’,
Padma Jn, M.G.Road, Ernakulam,
Cochin-682035
Phone:- Office-04842365876, Mob. 09446451188, 09895335011.
[email protected]
Sustainable Development
The concepts of ‘environment’ and ‘development’ are found to
be operating as against each other. When we say ‘degraded environment’ it
forbids ‘development’ and when we say ‘sustainable development’ it forbids
‘environment’. So it is reasonably said that in both cases the mankind is
affected either favourably or adversely. Hence, what the law suggest is a
well built harmony between economic development and preservation of
environment.
2. In the year 1972 a major change took place in the operation of
these concepts as a result of United Nations Conference of the Human
Environment at Stockholm in order to shape human actions according to
their environmental effects.
Principle I of the Stockholm declaration
Ordained “man has the fundamental right to freedom, equality and
adequate conditions of life in an environment of quality that permits a life
of dignity and well-being and he bears a solemn responsibility to protect
and improve the environment for the present and future generations”.
What Rio de Janero Submit held in 1992 declared is “human beings are
entitled to a healthy and productive life in harmony with nature”. It is said
that these two Declarations are anthropocentric (regarding mankind as the
centre of existence) in their character. That means, human beings are
placed at the centre of environmental concerns as against the wish of
protagonists of ecological equilibrium. Needs and aspirations of humans
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escalates day by day in parallel to the scientific and technological
developments in the society. That necessarily affords greater opportunity
to man to intrude in to the environmental balance. But when man is at the
centre stage of universe, the duty is on him to galvanize the balance
between the economic growth and environmental degradation. Therefore,
the attempt has always been reconciliation and reapproachment between
these two diverse forces.
The promoters of the free market economy
transmit the idea of having compatibility between economic growth and
environmental degradation, see Nature Lovers Movement vs. State of
Kerala & another (AIR 2000 Kerala 131) authored by me.
3.
It is an admitted case that the scientific and technological
development afforded greater opportunities to man to meet his needs and
aspirations.
It cannot also be denied that over industrialization and
indiscriminate application of science and technology to economic
development have been the principal cause for the impairment of the
quality of the human environment.
4.
The environmental degradation is a social problem and
considering its impact on the society, the law courts have to dealt with the
situation according to justice and fairness.
Thus the courts power to
harmonize between “danger to the environment” and “sustainable
development” by applying appropriate directions is a concept which refers
to the objective of continuing to develop economics of the world while
protecting the environment for the benefit of all the present nations of the
world and all future generations. The concept of ‘sustainable development’
was adopted by the World Commission on Environment and Development
(WCED) and endorsed by 176 nations in the United Nations Conference on
Environment and Development.
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5. The “sustainable development” theory no doubt recognizes and
avows “precautionary principle” and “polluter pays principle”. The State is
no doubt having the rights flowing from their position as parents
patriaeadopted in Bhopal gas leak disaster case. The forest conservation
and ecomanagement are two inevitable obligations which are to be
respected when the theory of sustainable development is put into
operation. What is required is the insistence for ‘gun and guard’ approach
in day to day supervisory functions of the Government.
Principle 13 of the Rio declaration proclaims;
“The State shall develop national law regarding liability and
compensation for the victims of pollution and other environmental
damage, States shall also co-operate in an expeditious and more
determined manner to develop further international law regarding
liability and compensation for adverse effects of environmental
damage caused by activities within their jurisdiction or control to
areas beyond their jurisdiction”.
6. The Supreme Court in various decisions dealt with the ‘polluter
pays principle’ and ‘precautionary principle’ while fixing the quantum of
compensation for degrading environment. The court also declared that
these two principles are parts of the environmental law of the country.
7.
In the afore mentioned decision namely; Nature Lovers
Movement Vs. State of Kerala, the Full Bench of the Kerala High
Court applied the ‘polluter pays principle’ for determining the quantum of
injury and compensation payable by the occupants/ encroachers in the
forest lands. The court observed that the fixation of the compensation
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under ‘polluter pays principle’ shall be done by the state government in
consultation with the forest and revenue department and all those
concerned authorities for regularization of title deeds in respect of the
lands in the possession of occupants.
8. One of the serious problems now facing the environment all over
the world relates to ‘climate change’. The United Nations Frame work
Convention on Climate change (UNFCC) is an international environmental
authority. It is the only international climate policy venue with broad
framework. The United Nations framework convention on climate change
continued in the year 2009-2010. It was focused on the urgent need to
reduce the emissions in industrialized countries.
It was said that
developing countries agreed to report Nationally Appropriate Mitigation
Actions (NAMAS) in accordance with the international objective.
It is
reported that in order to avoid the global disaster, the developing countries
had agreed to reduce their emissions below minimum as usual as 2020.
9.
The problem of climate change had signifies the day to day
increase in emissions and it degrades environmental equilibrium.
Therefore, what is now required is a Carbon neutral society.
10. It is reported that the Government of India recently submitted its
Intended Nationality Determined Contributions (INDCS) to the UN Frame
work Convention on Climate change (UNFCC) committing to cut emission
intensity of GDP by 33-35% by 2030 from 2005 levels. It shows that India
is taking a vigorous lead in reducing emissions in order to save
environmental degradation.
Sd/Justice P.A. Mohammed