The well recognized principle of sustainable development for the protection and improvement of environment

has been unanimously accepted by the world countries as a strategy that caters to the needs of the present
without depriving the future generations of their right to available natural resources. It has been rightly said
that sustainable development is meant to secure a balance between developmental activities for the benefits of
the people and environmental protection and therefore, “it is a guarantee to the present and bequeath to the
future generations.” The principle of sustainable development seeks to harmonise the conflict between
development which may be industrial, economic or social, and right to healthy environment. In other words,
the balance between environmental protection and developmental activities could only be maintained by
strictly adhering to the principle of sustainable development.

Environmental studies have shown that the environment related problems of developed countries are mainly
due to industrial and technological development whereas undeveloped countries have environmental problems
because of poverty, over-population and illiteracy. Undoubtedly, encouragement and boost to developmental
activities is in the socio-economic interest of a nation but this should not be at the cost of environmental
degradation, because this will not only affect the present generation but have its adverse impact on the future
generations. Therefore, sustainable development is the need of time so that development and environmental
protection, both proceed maintaining a balance.

‘Development’ has been recognized as a human right under Rio- Declaration of 1992. But all the nations
(parties) participating in this summit unanimously agreed that economic or industrial development should be
carried out in a manner that it does not adversely affect the environment because environmental pollution is a
potential danger to human life and in that case, what is the use of such development? It is for this reason that
the principle of sustainable development was evolved in this world summit for maintaining a balance between
development and environment, and it was realised that both should go hand in hand.

What is Sustainable Development

The principle of sustainable development has evolved on the basic assumption of co-existence of two
apparently conflicting notions i.e. development and environment. But from the practical point of view,
ecological, economic and social aspects of sustainability are inseparable. As William Rees has rightly pointed
out that maintenance of ecological integrity has to be accorded primacy over achievement of socio-economic
human needs, thus there should be a convergence between ecological and economic factors in the
developmental process.

The principle of sustainable development emphasises on two basic needs, firstly, need for socio-economic
development and secondly, need of limitation imposed on the environment's capability to cope with the present
and future requirements.

Explaining the inter-dependence of conservation and sustainable development, the Brundtland Report (1997)
said:
“Sustainable development is development that meets the needs of the present without compromising the ability
of future generations to meet their, own needs…. Sustainable development requires meeting the basic needs of
all and extending to all opportunity to satisfy their aspirations for a better life.”

Basic objectives of Sustainable Development

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 bio-diversity 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.

These objective may respectively be called as economic, environmental and social objectives of the principle
of sustainable development.
From the environmental point of view, the objective of the principle of sustainable development centres round
three issues, namely, (i) to maintain essential ecological processes, (ii) to preserve genetic diversity; and (iii) to
secure sustainable utilization of species and ecosystems.

Scope of Extent of Sustainable Development

The concept of sustainable development, as pointed out the chairperson Ms. Brundtland in her report
(popularly called the Brundtland report) is aimed at meeting the needs of the present without compromising the
ability a future generations to meet their own needs. Commenting on sustainable development, the Former
President of the World Bank James D. Yolkenson observed, “it is for us to think as to what kind of world we
want. Do we want to bequeath a world for our future generation a poorest world wherein innumerable people
die of hunger, climate uncertainty, biodiversity at its lowest ebb and social conditions most unstable? This
observation of Volkenson clearly shows that the central focus of sustainable development is not confined to the
present happiness of the people but it also expends to safeguarding the interests of the coming generations.

Sustainable development involves a multi-faceted approach i.e. (1) economic, (2) human, (3) environmental,
and (4) technological. It is a process which seeks to bring improvement in the quality of human life alongwith
conservation of the ecological system. Thus, development and environment, both are inter-dependent and
therefore, there cannot be development without protection of environment, nor can there be conservation of
environment without development.

The former U.N. General-Secretary Kofi-Annan had identified five areas for the applicability of the principle
of sustainable development. They are (1) water, (2) health, (3) power and energy, (4) Agriculture and (5) Bio-
diversity.

Former Prime Minister of India Smt. Indira Gandhi had categorically stated in her address at the Stockholm
Conference, 1972 that water, air, land, soil, plants, trees and living organisms must be preserved because they
are valuable natural resources for the benefit of the future generations.

Salient Principles of Sustainable Development

The principle of sustainable development which received international recognition as a result of Brundtland
Commission Report (1987) was overwhelmingly supported by all the nations. Some of the salient principles
which underlie the concept of sustainable development were spelled out in the Rio Declaration, 1992 and
Agenda 21. Therefore, these principles have got to be necessarily followed in order to achieve the objective of
sustainable development. These principles are as follows:
(1) Inter-generational equity;
(2) Use and conservation of natural resources;
(3) Environmental protection;
(4) The precautionary principle;
(5) The ‘Polluter Pays’ principle;
(6) Principle of liability to help and co-operate;
(7) Poverty eradication; and
(8) Principle of ‘public trust’.

(1) Inter-Generational Equity.- The principle of inter-generational equity pre-supposes the right of each
generation of human beings to benefit from cultural and natural resources of the past generation as well as the
‘obligation’ to preserve such heritage for future generations. The principle emphasises on conservation of
biodiversity resources and of the renewable sources like forests, water, soil etc.

The principle of inter-generational equity has its genesis in Principles 1 and 2 of the Stockholm Declaration,
1972 wherein environment has been taken to be resource basis for the survival of the present generation and
right to be beneficially used by the future generations. Both these principles are reproduced as follows:
Principle 1.- 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.

Principle 2.- The natural resources of the earth, including the air, water, lands, flora and fauna, and especially
representative samples of natural ecosystems, must be safeguarded for the benefit of the present and future
generations through careful planning and management, as appropriate.

In A.P. Pollution Control Board v. M.V. Nayudu, the Apex Court observed that where the State Government
makes an attempt to balance the need of the environment and need of the economic development, it would not
be proper to prohibit it from doing so. In such a case, it would be safer to apply the ‘protective principle’ and
the ‘principle of polluter pays’, keeping in mind the principle of sustainable development and the ‘principle of
inter-generational equity!

2. Use And Conservation of Natural Resources - This principle requires that earth's natural resources should
be carefully used 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, urbanisation,
industrialisation etc. and there is likely to be acute shortage of these resources in future. Therefore, there is dire
need to develop techniques and technologies which may need minimal utilization of natural resources.

The principle of use and conservation of resources is founded on the theory that the present generation should
be modest in their exploitation of natural resources for the benefit of the future generations. This will secure
the conditions of survival for future generations. This principle has been accepted by the international
community in the form of Principles 8 and 23 of the Rio Earth Summit Declaration, 1992.
Principle 8 provides that in order to achieve sustainable development and a high quality of life for all people,
States should reduce and eliminate unsustainable pattern of production and consumption. Thus, use and
conservation of natural resources should be an essential principle of sustainable development.

Similarly, Principle 23 of the Rio-Declaration (1992) specifically states that the environment and natural
resources of people under oppression, domination and occupation, shall be protected by all means.
The Supreme Court applying the principle of careful use and conservation of natural resources, observed in the
case of A. Jagannath v. Union of India, that activities of the industries violative of this principle and of,
environmental legislations must be discouraged.

In Indian Handicrafts Emporium v. Union of India, the indigenous ivory or ivory articles were prohibited from
being exported as it impugned Wild Life (Protection) Act, 1972 and was also against the moral claims
embodied under Article 48-A of the Constitution and principle of conservation of natural resources.

3. Environmental Protection
Environmental protection is an integral part of sustainable development. Most of the nations have enacted
environmental protection laws to ensure sustainable development within their territories. In order to reinforce
sustainable development, an effective environmental protection mechanism is needed. It is generally seen that
inadequate protection of environment or its degradation affects the poorest sections of the society most as they
draw a large part of their livelihood from unmarked environmental resources such as forests, water from hand
pumps, air polluted and noisy slum dwellings etc. The problem of environmental protection generally
emanates from water resources, forests, agriculture, industry, energy and power etc., therefore, policy
decisions in these sectors should be environmental oriented and well planned so as to ensure that there is no
degradation in the natural environment.

So far India is concerned, the Environment (Protection) Act, 1986 is the central legislation. Besides, there are
some other pollution control and prevention laws and States have also framed their own anti-pollution laws
according to their local requirements. The ultimate object is to ensure sustainable development for protection
of environment from being degraded or polluted.

4. Precautionary Principle
The precautionary principle seeks to ensure that a substance or human activity which may cause a threat to the
environment is prevented from causing harm to environment, even if there is no conclusive scientific proof of
linking that particular substance or human activity to environmental damage. Thus, precautionary principle
pre-supposes that onus of proof is on the industrialist to show that his action is benign, that is not harmful to
environment.

The precautionary principle in the context of environmental protection is essentially about the management of
scientific risk. It is a component of the concept of ecologically sustainable development and has been defined
in Principle 15 of the Rio Declaration, 1992.” According to this principle, “where there is threat of serious or
irreversible environmental damage, lack of full scientific certainty should not be used as a reason for
postponing measures to prevent environmental degradation." In other words, any human activity or behaviour
which bears the harmful effect to the environment, has got to prevented at all costs.

It may be stated that prior to the precautionary principle as incorporated in Principle 15 of the Rio-Declaration,
1992, Principle 6 of the Stockholm Declaration, 1972 relating to the Assimilative Capacity Principle was the
governing rule which provided as under :-
“The discharge of toxic substances or of substances and the release of heat, in such quantities or concentrations
as to exceed the capacity of the environment to render them harmless, must be halted in order to ensure that
serious irreversible damage is not inflicted upon ecosystem. The just struggle of the peoples of all countries
against pollution should be supported.”

Thus, the assimilative capacity principle assumed that science could provide policy-makers the information
and means necessary to avoid encroaching upon the capacity of the environment to assimilate impacts and it is
presumed that relevant technical expertise would be available when environmental harm was predicted and
there would be sufficient time to act in order to avoid such harm.
The precautionary principle has received legal recognition in almost all the international instruments and has
now become an integral part of the United Nations Environmental Programme. The European Community has
adopted the principle in the Bergen Declaration on Sustainable Development, 1990 and reiterated that
environment related actions should predict, prevent and ‘suppress environmentally harmful factors’.

Beginning with Vellore Citizens’ Welfare Forum v. Union of India, the

Supreme Court explicitly recognised the precautionary principle as a principle of Indian environmental law in
a number of subsequent cases. Justice Kuldeep Singh of the Supreme Court in Vellore Citizens case laid down
the following rules with regard to precautionary principle :-
(1) The State Governments and local authorities are supposed to anticipate and then prevent the cause of
environmental degradation. They are supposed to check the activity which is damaging for environment;
(2) Merely because there is a lack of scientific knowledge as to whether a particular activity is causing
degradation, it should not stand in the way of the Government;
(3) The onus of proof is on the actor (i.e. person who does the activity) or the developer/industrialist to show
that the action was environmentally friendly.
In order to achieve the above, the following precautions are supposed to be taken:
(i) The decision should be based on best possible scientific information and analysis of risk;
(ii) Where there is uncertainty but potentially serious list exists, even then precautionary measures are
supposed to be taken;
(iii) Ecological impacts should be given paramount consideration, more so when resources are non-renewable
or where the result is irreversible;
(iv) The indication of the cost should be made known directly to the person who if does not take precaution,
can be called upon to meet the expense – a subject which may fall under the head “polluter pays Ii principle.”

In Narmada Bachao Andolan v. Union of India, the Apex Court explained that “when there is a state of
uncertainty due to lack of data or material about the extent of damage or pollution likely to be caused, then in
order to maintain ecological balance, the burden of proof that the said balance will be maintained, must
necessarily be on the industry or the unit which is likely to cause pollution.”

5. “Polluter Pays” Principle

All the member countries participating in the Organisation For Economic Co-operation and Development
(O.E.C.D.) agreed to incorporate in their environmental policies the principle of 'polluter pays' so as to
discourage subsidies that could be detrimental for trade. They deemed this necessary for the protection of
environment and save the country from threats posed by environmental pollution in modernised industrial
societies. “Polluter Pays” principle was considered to be one of the best method for prevention of
environmental pollution. But there were practical difficulties in working out an exact definition of the principle
as there could be dispute as to the limits on payment for damages caused and exact scope of the applicability of
principle.

Despite these difficulties, the European Community in its Action Programme on Environment had accepted the
‘polluter pays’ principle as a part of its strategy on environmental matters. The principle Was incorporated in
Article 130 R (2) of the action programme which reads as follows :-
(i) Preventive action is always preferable to remedial action;
(ii) Environmental damage should be rectified at source;
(iii) The polluter should pay the costs of the measures taken to protect and preserve the environment;
(iv) environmental policies should be a component of the European Community’s other policies.

Finally, the “polluter pays” principle was recognised as an integral part of the sustainable development by the
international community arid was incorporated as Principle 16 of the Rio Declaration of Earth Summit, 1992.
The principle reads as follows :-
“Principle 16 National authorities should endeavour to promote the internationalisation 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.”

As a matter of fact, this principle was already accepted and included as Principle 4 of the Stockholm
Declaration in 1972 but it was legally and internationally recognised as a substantive principle of
environmental law under Principle 16 of the Rio Declaration, 1992.

The Supreme Court in M.C. Mehta v, Kamal Nath, observed that ‘polluter pays principle has been recognised
as 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 on the basis of claim put
forward by the party, but it should be on the basis of examination of the situation by the Court, keeping in view
the factors such as deterrent nature of the award.

In Vellore Citizens’ Welfare Forum v. Union of India, the Supreme Court directed the Central Government
to constitute an authority under Section 3 (3) of the Environment (Protection) Act, 1986 and confer on this
authority all the powers necessary to deal with the situation created by tanneries and other polluting industries
in the State of Tamil Nadu. The authority so constituted shall implement the ‘precautionary principle’ and the
‘Polluter Pays Principle.’

6. Principle of Liability to help and Co-operate

This principle has been specifically incorporated in Rio-Declaration (1992) as Principle 9 which provides that
the States should co-operate to strengthen indigenous capacity building for sustainable development by
improving scientific understanding through exchanges of scientific and technological knowledge and by
enhancing the development, adaptation, diffusion and transfer of technologies including new and innovative
technologies.

Principle 10 of the Rio-Declaration further provides that environmental issues are best handled with the
participation of all concerned citizens at the relevant level. Emphasising the need for mutual cooperation in
environmental matters, Principle 12 requires the States to cooperate to promote a supportive and open
international economic system that would lead to economic growth and sustainable development in all
countries, in order to address the problem of environmental degradation in a better way.

Finally, Principle 27 of the Rio Declaration expects people and the States to co-operate in good faith and in a
spirit of partnership in the future development of international law in the field of sustainable development.

7. Poverty Eradication
Poverty is perhaps the worst contributing factor for polluting the environment and causing its degradation.
Smt. Indira Gandhi, the Late former Prime Minister of India, addressing the Stockholm Conference on Human
Environment in 1972 said, “of all pollutants we face, the worst is poverty”. The Brundtland Report (1987) also
attributed poverty as a potential cause of environmental degradation as it reduces people’s capacity to use
resources in a sustainable manner, which eventually brings more pressure on environment and results into its
deterioration. Most of the developing countries’ are facing the problem of poverty which is adversely affecting
the environmental quality.

The Earth Summit, 1992 also projected that elimination of poverty was utmost necessary for achieving the
goal of sustainable development, particularly m the developing countries.

India being a developing country, its more than 30 per cent people are living below the poverty line. The
pitiable condition 'of slum-dwellers, scaricity of food, fuel, kerosene oil etc. are serious threats for
environment. Due to lack of residential, houses crores of poor men, women and children are compelled to live
in slums and even on road-side temporary hutment in most unsanitary conditions without sufficient food and
water. Thus, they have to live in unwholesome environmental conditions. Therefore, India needs cooperation
and assistance from the developed countries to help and support the poverty alleviation programme and
maintenance of wholesome environmental conditions.

Protection of Forests
It must be stated that awareness about the protection of forests is also closely connected with the principle of
public trust applicable for the preservation of natural resources. The State being a trustee of forest-resource, it
is the moral and legal obligation of the Government to protect forests from being destroyed by indiscriminate
felling of trees. If forests are well preserved, it will reduce soil erosion and increase fertility of land and also
cause sufficient rainfall which is necessary for cultivation and domestic purposes in the form of water. But
despite these benefits from forests, the record shows that almost one-third of the part of the forest in tropical
region had been destroyed due to deforestation until the year 1970. Unfortunately, destruction of forest still
continues and nearly 1,70,000 sq. k.m. forest land has been converted into plain for construction of industries,
complexes and other commercial purposes. Besides, seven lakh hectare land has turned into desert and gallons
of polluted water is being flowed in rivers, lakes and seas causing irreparable damage to environment and
ecosystem.

In view of this destruction of forests, the Government is failing in its duties as trustee of this valuable natural
resource and causing damage to its beneficiaries i.e., the peop1e could not exploit it for their own use, what to
talk of leaving it for use by future generations'! Even now, it is not too late and there is need on the part of the
State to protect and preserve the valuable natural resources as a trustee and people to cooperate with the
administration to protect environment from being degraded.

Conclusion
It is true that in order to improve and protect the environment from pollution sustainability must be there
between environment and development. The concept of sustainable development based on the notion that
natural resources should be exploited for the benefit of both present and future generation. As we know that
increased industrial activity worldwide requires the use of natural resources which are depleting day by day. It
is also true that the need for resource conservation, efficient use of resources and environment friendly
corporate policies and behaviour has now been recognised worldwide. The country needs an Environmental
policy and planning, while being globally sensitive must be based on local needs. Finally, if sustainable
development has to move from mere wishful thinking and slogan-mongering into a reality, the world
(developed and developing) as a whole has to move towards a new world order in which new economic and
technological orders are dovetailed. Such an order has to be aimed at benefiting the poor because in the chain
of sustainable development, the weakest links are poverty and inequality. Last but not least, if the principles of
sustainable development are followed then definitely with the economic growth and industrial development of
a country environment protection can be maintained.