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
(2) 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.
(3) 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.
(4) The main objective of the precautionary principle is to ensure that a substance or
activity posing a threat to the environment is prevented from adversely affecting the
 environment, even if there is no conclusive scientific proof of linking that particular
substance or activity to environmental damage.  In other words, any human activity
or behaviour which bears the harmful effect to the environment, has got to
prevented at all costs.

Vellore Citizens’ Welfare Forum v. Union of India,

5.polluter pays principle:

The essential concern of this principle is that polluters should bear the costs of abatement
without subsidy. The Polluter Pays Principle, as interpreted by the Supreme Court of India,
means that the absolute liability for harm to the environment extends not only to compensate
the victims of pollution but also the cost of restoring the environmental degradation. The
application of this principle depends upon the interpretations, particular cases and situations.
This principle has brought more controversial discussions during the Rio Earth Summit 1992. The
South has demanded more financial assistance from the North in combating the environmental
degradation in the South.

6.The Principle of Responsibility:

It is the responsibility of all persons, corporations and states to maintain the ecological
processes. 

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 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. 

Case lAW

Mc mehta v kamal nath

Background and Facts of the Case 

The Indian Express published an article reporting that a private company, Span Motels Private
Ltd. (‘the Motel Company’), owner of Span Resorts, had floated an ambitious project called Span
Club. Kamal Nath who was the Minister of Environment and Forests had direct links with this
company. The company encroached upon 27.12 big has of land which also included forest land.
The land was regularized and subsequently leased out to the company on 11th April 1994.

This encroachment had an impact on the course of river Beas. For more than 5 months the Span
Resorts management moved bulldozers and earth movers to turn the course of the river for the
second time. In September, 1993, these activities by the company caused floods in the river and a
property worth Rs. 105 Crores was destroyed.

Issues
1. Whether it would be right to include Mr. Kamal as a respondent in the
petition?
2. Whether the Construction Activity carried out by the private company
is justified?

3. Judgment
The Doctrine of Public Trust is been discussed and there was a patent
breach done by the Government of Himachal Pradesh and the Court has
also quashed the lease deed and held that the construction carried out
by the Motel management is not justified and the Motel management
was ordered to pay the compensation for the damage caused by them
and to restitute the ecological damage. The court also ordered the
pollution control board of the Himachal Pradesh to keep the check
whether the untreated effluents are been disposed in to the Beas river
and the Court has ordered the same to be noted by the Motel
management not dispose the untreated effluents into the river.

Section 13 and 14 ipr case

– Eastern Book Company v. DB Modak

Fact:Eastern Book Company A (1) and Eastern Publishers Pvt. A (2) are the Appellant (A) who are
into publishing law books. The appellant publish law report containing Supreme Court cases by
the name of “Supreme Court Cases (SCC)”. The case are procured from the register of the
Supreme Court. The judgement are copy edited and several inputs such as font, paragraphing
are made so as to make it user friendly. Along with the changes in the judgement, it also has
head notes and foot notes which are prepared by the A (3) Surendra Malik. The Respondents(R)
have created a software which is published on a CD ROM by the name of Grand Pix and The Law
and the R’s have copied the whole module from the SCC on to the CD ROM.

Issues: 1)What shall be the standard of originality in a derivative work to get copyright
protection and what requirement need to be there for its fulfilment? 2) Whether the whole
copy-edited version of the judgement will be entitled for copyright or only entitled to some of
the inputs made in the judgement?

Holding:The court gave the decision in the favour of A’s. The court held that for a derivative
work to have copyright protection it should show that the derivative work should be more than
a just mere copy of the original work and it should have authors own independent skill, labour
and capital. The court stated that copyright has nothing to do with literary merit of the work.
The court just need to evaluate whether the skill employed is not of trivial or negligible but
substantial. The court also held that the R’s should not copy the paragraphs made by the A for its
internal referencing and nor should the R’s use the view of the judges regarding their view as to
whether they have a dissenting or concurring in the Case.
 Section 13 dramatic work

Section 2(h) provides that “dramatic work” includes any piece for recitation, choreographic work
or entertainment in dumb show, the scenic arrangement or acting, form of which is fixed in
writing or otherwise but does not include a cinematograph film. Choreography and scenic
arrangement is the art of arranging or designing of ballet or stage dance in symbolic language. It
is a form of dramatic work

Case law

Academy of General Edu., Manipal Vs. Malini Mallya

The case related to works of Dr. Kota Shivarama Karanth (“Dr. Karanth”), a Jnanapeeth
awardee, who is known for his work in making derivative works of Yakshagana, which he
called Yaksharanga. Dr. Karanth composed seven verses or prasangas for performing
Yaksharanga ballet, and made several changes to the original dance form. The changes
pertained to different aspects of Yakshagana such as Raga, Tala, Scenic arrangement,
Costumes, and so on. While determining the scope of bequeath in Dr. Karanth’s will, the
Supreme Court pointed out that both literary and dramatic works formed part of the will.

held
By concluding that Ms. Malini Mallya owned the copyrights in the dramatic and literary
works of Yaksharanga based on Dr. Karanth’s will, the Court restrained the Appellants from
performing Yaksharanga without Malini’s permission. It however stated that the restraint
does not operate against any fair use or fair dealing of the dramatic works for educational
and/or religious purposes.
At a general level, dance involves different works such as choreography, scenic
arrangement, acting, music, recitation/dialogues, and costumes and so on, and each of them
is protectable under the copyright law. While choreography, sequences, arrangements and
acting are protectable as dramatic works, lyrics, dialogues and script are protectable as
literary works, compositions as musical works, props, settings and costumes as artistic
works, recorded music as sound recordings. A combination of protection afforded by
different works provides dance a comprehensive and integrated copyright protection.

Section 13 (4)

Sound recording :  Section 13(4) of the Copyright Act[1] recognizes that there is separate
copyright in the underlying musical and literary works which are embodied in a
cinematographic film or sound recording[2]. Therefore, underlying works do not lose their
existence upon a sound recording being made but remain exclusively mutual

Indian Performing Rights Society vs. Eastern India Motion Pictures

Facts: IPRS was a company incorporated for charging fees for granting licenses for performance in
public of all existing and future Indian Musical works. The Producers Association objected to this
under section 34 of the Copyrights act claiming that the producers being the authors and first
owners of the copyright in the cinematographic films. The Cinematograph Exhibitors Association of
India also objected to this. They averred that Copyright in a cinematographic film which vested in the
producers meant copyright in the entirety of the film including the musical work incorporated in the
soundtrack of the film and the right to perform the work in the public.

Issue: Whether the composer of lyric or musical work retains the copyright in the lyrics or the music
work after he has allowed the producer to use that lyric or music in the cinematographic film?

Holding: The Court held in the favour of the producers ordering that they are the first owners of the
cinematographic film. And since there is a contract of service and the film is made on the direction of
the producers, they will have right over the soundtrack and IPRS can’t charge any fees.

Section 17 (b) of Copyright Act, 1957 : photograph, painting, engraving, cinematographic

film  

This clause talks about the cases when an artist is hired for creating a painting, or when a
photographer is hired for clicking images, or a cinematographer is hired to shoot a
cinematographic film then the person causing such work to be created shall become the
first owner of the copyright. However, this rule shall apply only if there’s no agreement to the
contrary between the parties.  

Illustration:

If ‘X’ who is an artist has been hired by ‘Y’ to create a portrait of his son, then ‘Y’ shall be the
first owner of the copyright arising and accruing from the portrait created by ‘X’ in lieu of
consideration. However, ‘X’ shall retain authorship rights over the portrait.

Section 17 (c), Copyright Act, 1957 : work made during the course of employment

This section provides that, when a work is made by a person in the course of his
employment under a contract of service or traineeship, then the employer shall become the
first owner of all the work created during such employment unless there’s an agreement in
contrary between the parties.  

Illustration:

If ‘M’ is a programmer employed at XYZ company, then all the copyright arising from codes
created by ‘M’ shall be owned by XYZ company as the first owner.

Labour law

Registration of Establishment
Every employer of any establishment, that comes into existence after the commencement of
this Code, and to which this Code is applicable, should, within sixty days from the date of
such applicability of this Code, make an application electronically to the registering officer
appointed by the appropriate Government for the registration of such establishment.

Any change in the ownership or management or in any that occurs after the registration of
an establishment under this Code, should be intimated by the employer electronically to the
registering officer within thirty days .

The employer of an establishment should, within thirty days of the closing of the
establishment inform and certify payment of all dues to the workers employed , to the
registering officer and the registration will be cancelled in 60 days.

The employer of an establishment who has not registered the establishment as prescribed
in this Code; or has not preferred appeal against the cancellation or revocation of the
registration certificate of the establishment or the appeal so preferred has been dismissed,
should not employ any employee in such establishment.

Health, Safety and Working Conditions of Employees under OSH Code

The Central Government has listed down a few key measures and steps which must be taken
into consideration regarding the health and safety of the employee. Discussed below are the
same:

 Separate washing facility for male and female employees

 Males, Females and Transgenders must be allocated separate bathing places and locker
rooms
 Sitting arrangement for employees working in a standing position
 Proper first aid facilities
 Cleanliness and hygiene must be maintained at the workplace
 Portable drinking water must be made available
 Adequate lighting
 Adequate measures to avoid overcrowding

Work hours and leave

 Work hours: Work hours for different classes of establishment and employees will
be notified by the central or state government.  For overtime work, the worker must
be paid twice the rate of daily wages.  Prior consent of workers is required for
overtime work.  Female workers may work past 7 pm and before 6 am with their
consent, and if approved by the government.  Journalists cannot work more than 144
hours in four weeks.
 
 Leave: Workers cannot be required to work for more than six days a week.  Further,
they must receive one day of leave for every 20 days of work per year.