Sustainable development in environmental law focuses on achieving a balance between human progress and the conservation of natural ecosystems. Our environment is constantly changing and the change in environment has become a global concern over the last few decades.
This change has led to a push for providing a credible framework for responsible resource management to attain both present as well as future needs. Sustainable Development in Environmental law is an instrument to protect the environment and prevent any event that is causing or likely to cause pollution.
Sustainable development on the other hand is a principle of environmental law that provides a framework or policy or strategy that promotes continuous economic and social development without causing any detriment to the environment. The doctrine of sustainable development in environmental law promotes a way of development that meets the needs of the present without compromising the ability of future generations to meet their own needs.
As per Dominic McGoldrick, sustainable development can be structured into three pillars. These pillars are composed of international environmental law, international human rights law, and international economic law. (see image below)
Salient Features of Sustainable Development in Environmental Law are
Inter-Generational equity – The theory of inter-generational equity talks about the right of each generation of human beings to benefit from the cultural and natural inheritance of the past generations as well as the “obligation” to preserve heritage for future generations.
Use and conservation of Natural Resources – The Maltese Proposal at the UN General Assembly of 1967 contended that there is a common heritage of mankind, and it requires legal protection by the international community, Principle 8 of the Rio Declaration states that to achieve sustainable development and a high quality of life for all people, States should reduce and eliminate unsustainable pattern of production and consumption. The use and conservation of natural resources is an imperative principle of sustainable development.
Environmental Protection – The Environment (Protection) Act, 1986 ensures sustainable development as one of its primary goals. The judiciary must follow the principles of sustainable development and find a balance between developmental needs and environmental degradation.
The Precautionary Principle – This principle ensures that any activity posing a threat to the environment is prevented from disturbing the environment. The precautionary principle includes environmental measures by the State Government and the local authorities wherein authorities must anticipate and prevent the causes of environmental degradation.
The Polluter Pays Principle – This Principle means that the absolute liability for the harm to the environment extends not only to compensate the victims of pollution but also includes the cost of restoring the environmental degradation. According to the “polluter pays principle” the responsibility to repair the environmental damage is that of the polluter.
Obligation to Assist and Co-operate – Principle 12 of the Rio Declaration provides that the States should cooperate to promote an international economic system that would foster economic growth along with sustainable development in all countries around the globe.
Eradication of Poverty – Economic growth, alleviation of property, and environmental conditions are interlinked with each other. To achieve sustainability, it is crucial to break the prevalent poverty. Most developing nations are combating the vicious cycle of poverty, citizens find it hard to satisfy even their basic needs. The eradication of poverty is a fundamental goal of the United Nations (UN) and the international community and is central to sustainable development.
Financial Assistance to the Developing Countries – For sustainable development to be achieved, it is crucial to harmonize three core elements: economic growth, social inclusion, and environmental protection. Organizations such as the United Nations (UN) and the International Monetary Fund (IMF) aim to provide financial assistance to developing nations without which it will be daunting for the developing nations to achieve the goal of sustainable development and environmental protection.
Promotion of Sustainable Development by Judiciary in India
The problem of environmental degradation is a social problem. The judiciary has a pivotal role in taking cognizance of the environmental problems. The courts are required to strike a balance between ecology and development, there should be no compromise with each other. The courts, while dealing with the issues related to environmental degradation, must apply the principles of sustainable development.
Through various judgments, the judiciary has made its concern for sustainable development evident. The courts have also stressed the preservation of the environment and keeping the ecological balance is not only a task of government but also every citizen of the country. Sustainable development in environmental law emphasizes the integration of human advancement with the preservation of ecological systems. The judiciary has played an imperative role in environmental protection and has applied principles of sustainable development while deciding cases.
Several key cases that illustrate the judiciary’s role in advancing sustainable development in environmental law
R.L & E. Kendra, Dehradun v. State of U.P – This case is popularly known as the Doon Valley Case. This case was the first case pertaining to environmental concerns and paved the way for sustainable development in India. The court emphasised on the long-term planning to conserve assets of the mankind and they should not be exhausted by one generation solely.
Kinkri Devi v. State – In this case court issued an interim order directing the state government to set up a committee to examine the issue of granting a mining lease keeping in view the protection of the environment.
Goa Foundation v. Union of India – In this case, the Supreme Court observed that the illegal and unmonitored mining is affecting the environment, it observed that a cap must be put on the annual excavation of iron ore in Goa. The court directed to constitute a committee that shall study limitations as to the annual excavation of iron ore from Goa while applying principles of sustainable development and inter-generational equity.
Ramji Patel v. Nagrik Upbhokta Marg Darshak Manch – In this case the Court upheld the directions in this case prohibiting dumping of wastes of dairy products and cow/buffalo dung near the drinking water pipelines resulting in water pollution.
T.N. Godavarman Thirumulpad v. Union of India – In this case, the Court held that no felling of any type is to be permitted in forest areas falling inside national parks and sanctuaries, and natural forests falling outside the national parks and sanctuaries. The court showed its concern for the protection and conservation of forests.
Landmark Judgement of Supreme Court Where the Principle of Sustainable Development in Environmental Law Has Been Adopted by the Court
Vellore Citizens’ Welfare Forum V. Union of India
1. This case is popularly known as T.N. Tanneries case. In this case Supreme Court adopted sustainable development as a balancing concept. The petitioners alleged that tanneries and other industries in the area had polluted the Palar River, making the water undrinkable and agricultural land unusable. The government had offered subsidies and urged the tanneries to install pollution control measures. The Court observed that the majority of tanneries operating in the State of the Tamil Nadu had not taken any step to control the pollution caused by the discharge of the effluents.
2. The court instructed the central government to establish an authority under section 3(3) of the Environment Protection Act of 1986 and laid down some guidelines for the authority’s operation:
a. The authority was given the necessary powers to deal with issues concerning tanneries and other polluting industries in Tamil Nadu State.
b. The authority has the right to give directives under Section 5 of the Environment Act. It should apply the precautionary principle as well as the polluter pays principle.
c. The court imposed a pollution fine of Rs.10,000 each on all tanneries in North Arcot Ambedkar, Dindigul Anna, Erode Periyar, Chennai M.G.R., and Trichi and ordered them to pay before October 31, 1996. The amount should be paid to the district magistrate/collector, who must collect it under the head of environment protection fund, which will be used to reimburse the affected people and restore the damaged environment.
d. It also directed the establishment of common treatment facilities or individual pollution control devices, as well as the obtaining of board approval for continuing operation.
e. The authority in consultation with NEERI and the Central Board shall frame the schemes for reversing the damage caused to the ecology and environment.
f. The authority shall direct the closure of the industry in case it evades or refuses to pay compensation awarded against it.
g. To close all those tanneries who fail to take consent from the Board.
h. No new industry to be set up within the prohibited area.
3. The Supreme Court also instructed the Madras High Court to form a special bench “GREEN BENCH” to deal with environmental issues and this case in particular.
This is one of the major decisions in environmental protection. The Supreme Court implied that development and ecology are not opposed to each other and sustainable development is the answer.
Constitutional Provisions Related to Sustainable Development
Provisions contained in Article 21, 47, 48-A and 51 – A(g) and other statutory provisions contained in the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986 provide and focus on sustainable development.
Conclusion
The challenges of sustainable development and environmental protection are tough. The concept of sustainable development in environmental law has grown over the last few decades however, the real task is regarding the implementation. Both legislature and judiciary need to play an active role in implementation and coordinate with each other to protect the environment from further deterioration. We hope now you know what is what is sustainable development in environmental law.
Also Check Out Other Topics in Environmental Law: Public Interest Litigation in Environmental Law
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