Important Points Of This Judgment
The Constitutional philosophy enshrined in these Constitutional Provisions must be implemented. Articles 48A read as under:
“48A. Protection and improvement of environment and safeguarding of forests and wild life. – The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.”
The framers of the Constitution expressed concern and importance of protection and improvement of forests, lakes, rivers and wild life for preserving the environment. According to the spirit of the Constitution, it is the bounden duty of all to protect our natural environment. Reference to Article 51-A(g) is also very important.
Article 51-A(g) reads as under:
“51-A(g) ……to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures’ Environment degradation and its consequences:
Experience of the recent past has brought to us the realization of the deadly effects of development on ecosystem. The entire world is facing a serious problem of environmental degradation due to indiscriminate development. Industrialization, burning of fossil fuels and massive deforestation are leading to degradation of environment. Today the atmospheric level of carbon dioxide, the principal source of global warming, is 26% higher than pre-industrial concentration.
The earth’s surface reached its record level of warming in 1990. In fact, six of the seven warmest years on record have occurred since 1980, according to the World Watch Institute’s 1992 report. The rise in global temperature has also been confirmed by the Inter-Governmental Panel on Climate Change set up by the United Nations in its final report published in August 1990. The Global warming has led to unprecedented rise in the sea level. Apart from melting of the polar ice it has led to inundation of low- lying coastal regions. Global warming is expected to profoundly affect species and ecosystem. Melting of polar ice and glaciers, thermal expansion of seas would cause worldwide flooding and unprecedented rise in the sea level if gas emissions continue at the present rate. Enormous amount of gases and chemicals emitted by the industrial plants and automobiles have led to depletion of ozone layers which serve as a shield to protect life on the earth from the ultra-violet rays of the sun.
The dumping of hazardous and toxic wastes, both solid and liquid, released by the industrial plants is also the result of environment degradation in our country.
The problem of “acid rain” which is caused mainly by the emissions of sulphur dioxide and nitrogen oxides from power stations and industrial installations is a graphic example of it. The ill-effects of acid rain can be found on vegetation, soil, marine resources; monuments as well as on humans. Air pollutants and acids generated by the industrial activities are now entering forests at an unprecedented scale.
The 1972 Stockholm Conference on `Human Environment’ secured its place in the history of our times with the adoption of the first global action plan for the environment. Yet, as increasingly grim statistics indicate, over the past decades our global environment and the living conditions for most of the inhabitants of the planet continue to deteriorate. This process has meant significant setback for both rich and poor.
The Declaration of the 1972 Stockholm Conference referred; obliquely to man’s environment, adding that `both aspects of man’s environment; the natural and the man-made, are essential for his well-being and enjoyment of basic human rights’.
In the Stockholm Declaration principle number two provides that the natural resources of the earth including air, water, land, flora and fauna should be protected. The fourth principle of Stockholm Declaration reminds us about our responsibility to safeguard and wisely manage the heritage of wildlife and its habitat.
“While economic development should not be allowed to take place at the cost of ecology or by causing widespread environment destruction and violation; at the same time the necessity to preserve ecology and environment should not hamper economic and other developments. Both development and environment must go hand in hand, in other words, there should not be development at the cost of environment and vice versa, but there should be development while taking due care and ensuring the protection of environment.”
“The World Summit on Sustainable Development’ was held in Johannesburg in 2002. The purpose of the same was to evaluate the obstacles to progress and the results achieved since the 1992 World Summit at Rio de Janeiro. The same was expected to present “an opportunity to build on the knowledge gained, over the past decade, and provides a new impetus for commitments of resources and specific action towards global sustainability.”
The priority of developing nations is urgent industrialization and development. We have reached at a point where it is necessary to strike a golden balance between the development and ecology.
The development should be such as it can be sustained by ecology. All this has given rise to the concept of sustainable development.
Nation’s progress largely depends on development, therefore, the development cannot be stopped, but we need to control it rationally. No government can cope with the problem of environmental repair by itself alone; peoples’ voluntary participation in environmental management is a must for sustainable development. There is a need to create environmental awareness which may be propagated through formal and informal education. We must scientifically assess the ecological impact of various developmental schemes. To meet the challenge of current environmental issues; the entire globe should be considered the proper arena for environmental adjustment. Unity of mankind is not just a dream of the enlightenment but a biophysical fact.
In Subhas Kumar v. State of Bihar, AIR (1991) SC 420, this Court has given directions that, under Article 21 of the Constitution, pollution free water and air are the fundamental rights of the people.
In the case of A.P. Pollution Control Board II v. M.V. Nayudu, [2001] 2 SCC 62, this Court observed that the right to have access to drinking water is fundamental to life and it is the duty of the State under Article 21 to provide clean drinking water to its citizens.
The United Nations Water Conference in 1977 observed as under:
“All people, whatever their stage of development and their social and economic conditions, have the right to have access to drinking water in quantum and of a quality equal to their basic needs.”
Similarly, this Court in Narmada Bachao Andolan v. Union of India, [2000] 10 SCC 664, observed as under:
“Water is the basic need for the survival of human beings and is part of the right to life and human rights as enshrined in Article 21 of the Constitution of India…..”
In M.C. Mehta v. Union of India, [1991] 2 SCC 137, this Court gave number of directions to reduce the pollution created by vehicles.
The need of the hour is inculcating the sense of urgency in implementing the rules relating to environmental protection which are not strictly followed. Its result would be disastrous for the health and welfare of the people.
In, `Caring for the Earth’ the term “sustainable development” is derived from a rough combination of these two definitions:
Improving the quality of human life while living within the carrying capacity of supporting ecosystems.”
This Court in the case of A.P. Pollution Control Board II (supra) mentioned that there is a need to take into account the right to a healthy environment along with the right to sustainable development and balance them.
In the Rio Conference of 1992 great concern has been shown about sustainable development. “Sustainable development” means `a development which can be sustained by nature with or without mitigation’. In other words; it is to maintain delicate balance between industrialization and ecology. While development of industry is essential for the growth of economy, at the same time, the environment and the ecosystem are required to be protected. The pollution created as a consequence of development must not exceed the carrying capacity of ecosystem. The Courts in various judgments have developed the basic and essential features of sustainable development. In order to protect sustainable development, it is necessary to implement and enforce some of its main components and ingredients such as – Precautionary Principle, Polluter Pays and Public Trust Doctrine. We can trace foundation of these ingredients in number of judgments delivered by this Court and the High Courts after the Rio Conference, 1992.
Sustainable use of natural resources should essentially be based on maintaining a balance between development and ecosystem. Coordinated efforts of all concerned would be required to solve the problem of ecological crisis and pollution. Unless we adopt an approach of sustainable use, the problem of environmental degradation cannot be solved.
The concept of sustainable development was propounded by the `World Commission on Environment and Development’, which very aptly and comprehensively defined it as `development that meets the needs of the present without compromising the ability of future generations to meet their own needs’. Survival of mankind depends on following the said definition in letter and spirit.