Tag: sustainabledevelopment

INTRODUCTION

In a world where all the countries are running towards development, a lot of industries are being established and excessive utilization of natural resources is taking place. Today, nature’s resources are facing extinction and the whole world is planning to save the resources for the coming generations and future use. In this process, there are chances that the development of the countries may decelerate. For the development and protection of natural resources to go hand in hand, sustainable development has been introduced. The most popular definition of sustainable development is described as development that satisfies current demands without jeopardizing the capacity of future generations to satisfy their own needs. There are two major ideas in it:

• the idea of needs, especially the basic requirements of the world impoverished, to which top emphasis should be given; and
• the notion that the environment’s capacity to fulfil existing and future demands is constrained by the level of technology and social structure.

The Brundtland Report, also known as Our Common Future, was issued in 1987 by the World Commission on Environment and Development and is where the phrase first appeared. Sustainability recognizes a comprehensive viewpoint that links a community’s economy, ecology, and society. This admits that an economy exists within a society and that society exists within the ecosystem of the world. The angle highlights how closely connected we are to nature.

VARIOUS PRINCIPLES OF SUSTAINABLE DEVELOPMENT

1.  Inter-Generational Equity: The principle talks about the right of every generation to get benefits from natural resources. Principle 3 of the Rio declaration states regarding the right to development which meets the needs of the present and the upcoming generations. The main aim behind this principle is to make sure that the present generation should not excessively use non-renewable resources which would deprive the benefit of the next generation.

• The Principle of Precaution: This is often regarded as the most fundamental concept of ‘Sustainable Development.’ Principle 15 of the Rio Declaration is about the protection of the environment. The states are expected to use their capabilities through the precautionary method to protect the nation. Cost-effective methods must be used to develop the states and protect the environment from serious threats and irreversible harms.

•  Principle of Polluter Pays: The Rio Declaration in the principle 16 states that the national authorities try to vitalize internalization of the costs of the environment and the economic mechanisms must be used with proper care in the interest of the public without disturbing the international

SUSTAINABLE DEVELOPMENT AND INDIA

India has switched to sustainable development as it has been considered that nature’s protection plays a crucial part in the development of the nation. With the alarming decrease in the number of non-renewable resources that paves a path to the development of the country, India decided to use renewable natural resources and stop the excessive usage or destruction of the resources and protect nature. When United Nations considered sustainable development to be a healthy method, many countries along with India adopted it. The constitution earlier hasn’t declared any provisions to protect the environment but later Article 21¹ of the Constitution interpreted that the Right to life also implied “the right to live in a healthy environment” explicitly. Various laws implemented by the Indian legal system to protect nature and pave the way for sustainable development are:

• The National Green Tribunal Act 2010;
• The Forest (Conservation) Act of 1980
• The Air (Prevention and Control of Pollution) Act, 1981;
• The Water (Prevention and Control of Pollution) Act, 1974;
• The Environment Protection Act, 1986, etc.

THE ROLE OF THE INDIAN JUDICIARY

Being a developing nation, India had rapid industrialization and economic growth in recent years. However, it harmed the environment in the country. The Supreme Court of India had a vital role in defining the term Sustainable development. This battle for environmental protection was headed by Justice Kuldip Singh also known as the Green Judge. Most Environment-related cases are approached in front of the Higher courts of India through PILs (Public Interest Litigation) under Article 32 or 226.

Vellore Citizen Welfare Forum vs. Union of India² was the first case in which the Supreme Court used the idea of “Sustainable Development.” In this instance, a disagreement emerged over certain tanneries in Tamil Nadu. These tanneries were releasing effluents into the Palar River, which served as the state’s primary supply of drinking water. The Supreme Court stated that the court had no problem in declaring the principles, of precautionary and polluter pays as a part of the Indian Environmental law. Restructuring or reviving the harmed environment is the process of Sustainable Development. The polluter is liable and must pay the costs for the victims who’ve been affected and also have to pay for the environmental destruction.

This case has been a landmark judgement which has been given by the Supreme Court. The Idea of Sustainable Development has been made clear by it. This has benefitted a lot to the society. It has been made clear that the polluter has the liability to pay for the damage that he has caused to the environment since the pollution of the environment is considered to have disturbed the aim of sustainable development by polluting its surroundings. Following that, the Apex Court clarified and applied the idea of Sustainable Development in several rulings. In Narmada Bachao Andolan vs. Union of India³, the Hon’ble Supreme Court of India said “Sustainable Development indicates what sort or degree of development may take place, which can be supported by nature with or without mitigation.”

The Supreme Court used the precautionary principle in M.C Mehta v. Union of India⁴. In this case, the precautionary principle was applied. A PIL was filed stating that the use of coal/coke has caused a lot of environmental havoc and also regarding the increasing pollution around Taj Mahal, i.e., Acid rains have increased a lot and caused a change in colour of the monument’s marble. It can be inferred from the Supreme Court’s judgement that due to the rapid industrialisation in that area, there have been acidic emissions present in the atmosphere. The issue was taken seriously as this would impact both biotic and abiotic ecosystems. It was also stated by the court that any industry which can’t use natural gas instead of coal or coke can relocate to any other industrial area away from the Taj Trapezium Zone.

NATIONAL GREEN TRIBUNAL

India has actively taken part in the UN 2030 Agenda which focuses on the improvement of the environment and tackling climate change through the sustainable development method as it is the most viable method to better the environment without interrupting or stopping the process of development rather, bringing in the healthy way of development. The UN 2030 Agenda has established around 1200 environmental courts and tribunals to promote sustainable development through the judiciary for a better society. The National Green Tribunal was established by the National Green Tribunal Act, 2010. This statute controls the handling of civil lawsuits involving nature preservation and environmental protection. Legal rights relating to the environment are mentioned.

It has been said in the case of Sterlite Industries (India) Pvt. Ltd. vs. Tamil Nadu Pollution Control Board & Ors⁵ by the NGT while ruling in favour of the firm. It was stated by the court that the regulations regarding the environment need to be enforced strictly however, no action shall be taken just on mere suspicion. The precautionary principle must be applied when reliable scientific evidence reveals that there is a likely signal of some environmental harm or health danger without implementing suitable preventative actions.

SUSTAINABLE DEVELOPMENT GOALS (SDGS)

In the year 2015, the Members of the UN along with India adopted the Sustainable development goals which consist of 17 objectives and 169 targets to fulfil for the eradication of poverty and pollution. Economic growth, Environmental safeguards and Inclusion in society are the objectives of sustainable development goals. The sustainable development goals are inclusive of many factors that affect society in a better manner than the millennial development goals. In T. DamodharRao v. S.O. Municipal Corporation, Hyderabad⁶, “the court stated that, according to Articles 48-A and 51A(g), it is clear that environmental protection is not only the responsibility of every citizen but also of the State and all other state organs, including courts.”

FULFILMENT OF SUSTAINABLE DEVELOPMENT GOALS BY INDIA

India is said to have fallen 3 spots in 2022 and is currently in 120^th position as per the Centre of Science and Environment’s State of India’s Environment Report, 2022. India has attained a score of 66 out of 100. One of the main reasons for the demotion of rank is the Covid-19 pandemic outbreak, the poor in India have become poorer. However, the Sustainable development goals have improved a lot in society. Along with an aim to eradicate poverty which has happened to be effective, according to the survey of the Times of India, it has been observed that the forest area in India has increased and ranks 3^rd globally in an average annual net gain in forest area between 2010 to 2020. It has also been observed from the survey that there has been a rapid increase in economic growth along with conservation, ecological security & environmental sustainability. The state governments also play a major role in sustainable development. India also has the SDG India Index to monitor sustainable development within the premises of India.

CONCLUSION

As important as the improvement of the industries and development of the nations, it is more important to conserve nature and its resources, especially those which are non-renewable. There is a saying by Mahatma Gandhi, “Earth provides enough to satisfy every man’s needs, but not every man’s greed.” The only way that all the countries can develop is by protecting the environment through Sustainable development. India being a developing nation, has a huge necessity for development while approaching the required goals through sustainable development methods. However, through the incentives taken by the Indian Government, the process of development and conservation of nature is going hand in hand, in a peaceful manner.

There are many laws introduced in India. However, through the supervision of the situations, there are amendments made to the laws. The Plastic Waste Management Amendment Rules, 2021, which aim to phase out single-use plastic by 2022, were announced in August 2021. The extended producer responsibility for plastic packaging regulation draft has been made public. On July 1^st 2022, the Indian government banned single-use plastic to reduce pollution. This is a huge step toward the reduction of land and water pollution. India also plans to meet its goal of the UN Agenda to reduce emissions in India by 2030. The method of Sustainable development paves the path for future generations to utilize the resources to develop their society in the coming time

---

CITATIONS

¹ The Constitution of India 1950, art. 21.

² Vellore Citizen Welfare Forum vs. Union of India, 1996 5 SCR 241.

³ Narmada Bachao Andolan vs. Union of India, 10 SCC 664.

⁴ M.C Mehta v. Union of India, AIR 1988 SC 1037.

⁵ Sterlite Industries (India) Pvt. Ltd. vs. Tamil Nadu Pollution Control Board and others, 2019 SCC OnLine SC 221.

⁶ T. DamodharRao v. S.O. Municipal Corporation, Hyderabad, AIR 1987 AP 171.

This article is written by K. Mihira Chakravarthy, currently enrolled in 1^st year, B.A. L.L.B. at Damodaram Sanjivayya National Law University (DSNLU).

INTRODUCTION

After independence, our nation was struggling to overcome many issues such as illiteracy, poverty, hunger etc. Due to all this, environmental issues were getting neglected by the government but with time, the people and authorities started to recognize environmental issues. With the advent increase in the rate of global warming, and rise in the sea level we are destroying our nation which is inherited us by our forefathers. If the situation continues to go like this, our future generation will not see what we are having today.

India is one of the countries which actively take part in environmental issues and one of the events is the UN- 2030 agenda is the global framework to eradicate poverty and achieve sustainable development goals by 2030. There is a total of 17 sustainable development goals and the agenda for the environment can only be resolved by establishing specific courts and tribunals for environmental issues. It has been ascertained that if environmental cases are to be considered, they must be based on scientific analysis, which is only possible with the assistance of experts and judicial officers. If this is followed, the judicial system will become more efficient in resolving environmental issues. For tacking cases related to this environment, the national green tribunal was established under the national green tribunal act, 2010. India is the third country to establish such a kind of special body to deal with environment-related ted issues followed by Australia and New Zealand.  

THE IDEA FOR CREATING ENVIRONMENTAL COURTS IN INDIA

Due to the huge escalation in the cases related to the environment, there was a form of an increase in the rate of delivering justice in the environmental cases. The national green tribunal was established on 18^th October 2010 under the nation green tribunal act, 2010. This statutory tribunal was set up with the central objective of resolving disputes related to the environment. In the Bhopal gas tragedy case^[i] in which, Mc Mehta filed a writ petition under Articles 21 and 32 of the Indian Constitution seeking the closure of all Shriram Food and Fertilizers factories engaged in hazardous substances and located in the congested area of Kirti Nagar. During the petition before the court, there was a gas leak from one of the factories, which resulted in the death of an advocate, as well as other people being affected by the gas leak. This incident makes me think of the Bhopal gas leak disaster. Following that, factories were immediately closed. The bench of five judges, led by Justice PN Bhagwati, issued the rule of absolute liability, which means that if a factory deals with hazardous substances and the hazardous substances escape, causing the death of many people. The factory would then be liable even if reasonable care and protection were taken. As with absolute liability, there is no defence. The law must be amended as civilization advances. As a result, the court held the industry “totally responsible” and ordered that compensation be paid regardless of whether the injury was proven Further, in the case of the union of India V. Vimal Bhai, the supreme court raised the issue of difficulty in solving the technical environment-related issues and need for special environment court. Both these cases further aggravated the need for a separate environment court.

PRINCIPLES OF JUSTICE ADOPTED BY THE NATIONAL GREEN TRIBUNAL

The national green tribunal is not bound to follow any procedure provided by the Code of Civil Procedure and the Indian Evidence Act, 1872.

They follow the principle of natural justice, sustainable development, and the polluter pays principle,

Principle of natural justice

Natural justice revolves around the principle of ‘unbiased’ or ‘fairness’ Making an adequate and reasonable decision on a specific issue is what natural justice entails. It doesn’t always matter what the reasonable decision is, but in the end, what matters is the procedure and the people involved in making those reasonable decisions.

There are mainly three rules followed by the natural justice

1. First is the ‘HEARING RULE’, which states that the person or a party who is going to be affected by the decision then, he’/she will be allowed to express their point of view to defend themselves.
2. Second is the ‘BIAS RULE’ which states that the decision should be given by the judges fairly.
3. Last is the ‘REASONED DECISION’ which states that the judgement given by the court will be given on the reasoned ground

Sustainable development

The word sustainable development was first used in the Stockholm declaration, in 1972. Sustainable development means fulfilling the needs of the present generation without compromising the need of the future generation.

Polluter pays principle

The polluter pay principle is a common practice which means that the polluter who produces the pollution has to bear the cost for the harm caused to human health or the environment.

NATIONAL GREEN TRIBUNAL ACT, 2010:^[ii]REASON FOR THE ENACTMENT OF ACT

• One reason was the rate at which the resources are getting exhausted, factories are set up and increasing urbanization which further leads to the increase in the pendency of cases related to environmental issues. Due to this environment courts were set up including the national green tribunal.
• Article 21 which is the heart of the Indian constitution also includes the right to live in a healthy environment, which is also our fundamental right. Along with this, Article 48(A) which is the directive principle of state policies states, “the state should endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.”
•  As a member of the United Nations Conference on Human Environment, India was obligated to provide very effective judicial and administrative proceedings, as well as to redress the liabilities under national laws for victims of environmental pollution and damage.
• To provide relief and compensation for the damage caused to life, property, and the environment.  

POWERS OF THE TRIBUNAL

The power of tribunal is conferred under the section 19 ^[iii]of the said act

• The tribunal has the power to hear and analyse the case and provide relief or compensation to the aggrieved person.
• Has the power to issue the commission for witnessing the documents.
• Has the power to dismiss the case if the case is found to be defaulted or in the case of ex-parte.
• It can also pass the interim order after listening to both sides of the parties.
• Under section 20 of the said Act, the tribunal has the power to order or grant any award to take step towards substantial development.
• Section 21^[iv] of the act states that decisions made by the majority of the tribunal’s members are binding on the aggrieved parties.

If the matter falls under any of these acts

• Wildlife (Protection) Act, 1972^[v]
• Indian Forests Act, 1927^[vi]
• Other tress prevention Act

Then, the national green tribunal doesn’t have any power in these matters. People can approach either to civil court or can file a writ petition under a high court or supreme court.

COMPOSITION OF NATIONAL GREEN TRIBUNAL

Under Section 4 of the act,^[vii] it is mentioned that what should the tribunal consist of

• An eligible full-time chairperson as defined under the national green tribunal act, 2009.
• 10 -12 judicial officers.
• The chairperson has the power to call any specialised person in the tribunal for assistance.
• The central government can notify the territorial jurisdiction that falls under a specific place of sitting.
• The central government along with the chairperson has the power to make rules and regulations for the tribunal.

The first chairperson of the national green tribunal was Justice Lokeshwar Singh.

BENEFITS OF NGT

• DEDICATED COURT FOR ENVIRONMENTAL MATTERS

The establishment of the national green tribunal helps to lighten the burden of the supreme court by handling cases related to the environment and providing them relief and compensation to the aggrieved person.

• ALLOWS SPECIALIZATION

NGT is composed of judicial officers and highly qualified professional and environmental experts who handle the cases judiciously and with expertise.

• TIME-BOUNDED DISPOSAL OF CASES

The tribunal has to dispose of the application within 6 months of filing the same.

• WIDER REACH

The quality of time spent on these issues could also be improved because, unlike the Supreme Court, the tribunal could have benches in various states, allowing all citizens equal access.

CHALLENGES

• LIMIT TO JURISDICTION

Wildlife protection act, 1972, Indian forests act, 1972, and other trees prevention acts don’t fall under the jurisdiction of the national green tribunal act.

• OBSTACLE TO DEVELOPMENT

NGT decisions have also been criticised and challenged because of their implications for economic growth and development.

• LOOMING VACANCIES

The lack of human and financial resources in NGT undermines the rule of NGT for disposing of the case within 6 months.

• LIMITED REGIONAL BENCHES

NGT is only found in major cities across India like Delhi, and Pune  However, environmental exploitation occurs in tribal areas of dense forest.

JUDGEMENTS

• In the case of Braj Foundation V. state of Uttar Pradesh, the Braj Foundation filed the case and asked the government to draft a memorandum of understanding for the practice of afforestation at the Vrindavan. The government contended that the advertisement was just an invitation to treat not a contract. But the national green tribunal held that the government must promote afforestation,
• In the case of Jeet Singh Kanwar V. the union of India, In this case, the petitioners are challenging the environmental clearance granted for the construction of a coal-fired power plant. Finally, it was determined that if the environmental clearance is not causing excessive environmental degradation, the project can be continued. However, the tribunal issued an award regarding the illegality of the environmental clearance due to the consequences.
• In the case of A.P. Pollution Control Board V. Prof. M.V. Nayudu (1999) case, With an appeal to the Supreme Court from the Environmental Court, the Supreme Court emphasised the need for a court that was “a combination of a Judge and Technical Experts” in the landmark case.
• In the case of Save Mon Federation V Union of India, the NGT stopped the hydro project worth rupees 6,400 cr to save the habitat of a bird. The NGT ruled that a December 2016 amendment to the EIA 2006 notification was a “ploy” (by the government) to get around the 2006 rules. Many projects were approved illegally, such as the Aranmula Airport in Kerala, the Lower Demwe Hydro Power Project and Nyamnjangu in Arunachal Pradesh, mining projects in Goa, and coal mining projects in Chhattisgarh were either cancelled or reassessed.

CONCLUSION

In conclusion, it is important to see the decision taken by the NGT as a path towards sustainable development, not as an obstacle to development. There should be a balance maintained between development and a healthy environment. Development depleting natural resources in a huge number will be in vain. It will not have any valuable meaning. If this keeps on going then, our future generation will not be lucky enough to see the resources we have today. We should follow the concept of sustainable development, i.e to utilize the resources in such a manner that they are saved for our future generations.

---

CITATION

[i] 1987 SCR (1) 819.

[ii] National Green Tribunal Act, 2010

[iii] National Green Tribunal Act, 2010, Sec 19.

[iv] National green tribunal act, 2010, sec 21.

[v] Wildlife (protection) Act, 1972.

[vi]Indian forest act, 1927.

[vii] National green tribunal act,2010, sec 4.

This article is written by Prerna Pahwa, a student at Vivekananda Institute of Professional Studies, New Delhi.