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today must not compromise the ability of future generations to meet their
needs.

Contents [ hide ]
1. Principle of Sustainable Development in Environmental Law
2. Sustainable Development in Environmental Law in India
2.1. Sustainable Development in Constitution of India
2.2. Major Environmental Legislation in India
2.3. Role of Indian Judiciary in Application of Doctrine of Sustainable
Development under Environmental Law
3. Sustainable Development in Environmental Law- International Perspectives
3.1. Stockholm Declaration, 1972
3.2. Johannesburg Declaration on Sustainable Development 2002
4. Sustainable Development and Environment Protection
5. Sustainable Development and Ecological Balance
6. Conclusion

Principle of Sustainable Development in Environmental

Law

Sustainable development in environmental law embodies a holistic approach to

resource management and economic growth that seeks to harmonize human
activities with the preservation of natural ecosystems. It represents a
fundamental shift from the traditional model of unbridled development to one
that ensures the well-being of present and future generations. This concept is
rooted in the recognition that environmental protection, social equity, and
economic progress are interdependent.

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Sustainable development under environmental law emphasizes the responsible

use of natural resources, the reduction of pollution and waste, and the
promotion of renewable energy sources. It involves crafting legal frameworks
that strike a balance between development goals and environmental
conservation. Central to this notion is the principle that development should
meet the needs of the present without compromising the ability of future
generations to meet their own needs. Sustainable development in
environmental law serves as a guiding principle for crafting regulations,
policies, and international agreements aimed at safeguarding the planet’s
ecological integrity while fostering human prosperity.

Sustainable Development in Environmental Law in India

The roots of environmental rules in India can be traced back to ancient times
when texts like the Vedas, Arthashastra, and Manusmriti emphasized the
importance of protecting the environment. For instance, the Vedas stressed the
need for a good relationship between people and nature, while the Manusmriti
prohibited harming forests and wildlife. However, as modernization and
industrialization took hold, environmental problems became urgent, leading to
the need for formal legal frameworks.

India’s Constitution, established in 1950, includes the right to a healthy

environment as a fundamental right under Article 21, which guarantees the
right to life and personal liberty. This has become the foundation for
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environmental law in India, with the courts playing a vital role in interpreting
and expanding environmental rights.

Sustainable Development in Constitution of India

When we examine the Constitution of India, we find that there are no specific
laws or rules directly addressing sustainable development in environmental law.
However, Article 47 indirectly touches upon environmental concerns. Article 47
of the Constitution of India states that “The state shall regard the raising of the
level of nutrition and the standard of living of its people and the improvement
of public health as among its primary duties.”

Following the Stockholm Declaration, in order to adhere to its provisions, the

Indian Government introduced direct laws for the protection and promotion of
the environment through the 42nd Amendment Act of 1976 to the Constitution
of India. This was accomplished by introducing Articles 48(A) and 51(A)(g) into
the Directive Principles of State Policy and Fundamental Duties, respectively.

Article 48(A) states: “The state shall endeavour to protect and improve the
environment and safeguard the forests and wildlife of the country.”

Article 51(A)(g) specifies that, “It shall be the duty of every citizen of India to
protect and improve the natural environment, including forests, lakes, rivers,
and wildlife, and to show compassion for living creatures.”

As a result of the 42nd Amendment to the Constitution, the courts are now
empowered to intervene in environmental issues and take measures to protect
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the environment.

Major Environmental Legislation in India

India has implemented several significant environmental laws to govern various

aspects of sustainable development. Some of the important environmental
regulations in India include:

Wildlife Protection Act, 1972: This act aims to safeguard and preserve wildlife
and their habitats in India. It regulates activities such as hunting, poaching, and
the trade of wildlife. Additionally, it establishes protected areas like national
parks, wildlife sanctuaries, and tiger reserves.

Water (Prevention and Control of Pollution) Act, 1974: This act addresses
the prevention and control of water and air pollution in India. It grants
authority to central and state pollution control boards to regulate and monitor
water pollution. The act also sets standards for effluent discharge from
industries and other sources.

Air (Prevention and Control of Pollution) Act, 1981: This legislation aims to
prevent and manage air pollution in India. It regulates emissions from
industries, vehicles, and other sources. Central and state pollution control
boards are empowered to monitor and enforce air pollution control measures.

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Environment Protection Act, 1986: This comprehensive framework provides

for the protection and improvement of the environment in India. It empowers
both the central and state governments to take measures for environmental
protection. This includes setting standards, conducting environmental impact
assessments, and regulating hazardous materials and activities.

Forest Conservation Act, 1980: The purpose of this act is to regulate the
diversion of forest land for non-forest purposes. It mandates prior approval
from the central government for any such diversion and requires compensatory
afforestation and wildlife conservation measures for such diversions.

Biological Diversity Act, 2002: This act aims to conserve and sustainably
utilize biological diversity in India. It regulates access to biological resources,
protects traditional knowledge, and establishes a National Biodiversity
Authority to oversee conservation efforts.

Role of Indian Judiciary in Application of Doctrine of

Sustainable Development under Environmental Law

The Indian judiciary has played a significant role in promoting sustainable

development in environmental law. At the national level, the judiciary has been
tasked with interpreting the concept of sustainable development, with the
Supreme Court notably interpreting the right to life and personal liberty to
include the right to a healthy environment.

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Several key cases exemplify the judiciary’s role in advancing sustainable

development in environmental law:

Rural Litigation Entitlement Kendra vs. State of UP (A.I.R 1985): In this

case, the Supreme Court addressed environmental and development issues for
the first time, emphasizing that natural resources are permanent assets of
mankind and should not be exhausted in a single generation.

Vellore Citizens Welfare Forum vs. UOI (A.I.R 1996): The Supreme Court
affirmed that sustainable development in environmental law is a viable concept
that can eradicate poverty and enhance living standards while ensuring the
ecosystem’s carrying capacity is not exceeded.

L. Koolwal vs. UOI (A.I.R 1988): The Supreme Court allowed a writ petition,
asserting that insanitation is a slow poison that can harm people’s health,
falling within the purview of Article 21.

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T.N Godavarmathimulpad vs. UOI (A.I.R 2002): The apex court banned
mining activities in the Aravelly Valley, especially in forest areas protected
under the Environment Protection Act, 1986.

People United for Better Living vs. State of WB (A.I.R 1993): This case
emphasized the need for development to harmonize with the environment in
developing nations, highlighting the importance of balancing environmental
concerns with economic development.

A.P Pollution Control Board vs. UOI: The court held that, to ensure no harm
to the environment or ecology while maintaining sustainable development,
scientific and technical aspects could be referred to statutory bodies with
expertise in both judicial and technical matters.

Indian Council for Enviro-Legal vs. Union of India: The court established the
“polluter pays principle” as an integral element of sustainable development in
environmental law. It made polluters liable to pay the costs of reversing
environmental damage.

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N.D Jayal vs. UOI: The court affirmed that sustainable development is an
integral part of Article 21 of the Constitution, making it a constitutional
mandate. The judiciary played a commendable role in striking a balance
between the environment and development.

Goa Foundation vs. Diksha Holdings: In this case, a Public Interest Litigation
(PIL) was filed against the construction of a hotel and beach resort in Goa’s
coastal areas due to environmental concerns. The court held that the
permission for the proposed hotel was granted based on relevant material and
did not violate statutory provisions.

These cases illustrate the judiciary’s commitment to upholding principles of

sustainable development in environmental law, protecting the environment,
and ensuring that development aligns with ecological and social well-being.

Sustainable Development in Environmental Law-

International Perspectives

Sustainable development in environmental law is a critical concept on the

international stage, recognizing that every human activity impacts the
environment. Often, these impacts harm the environment more than they
benefit humanity. Human activities can disrupt ecosystems, which provide
essential resources and services for the well-being of all living creatures,
including humans. To address this, it’s essential to assess and make necessary
adjustments to mitigate the environmental consequences of industrial and

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other productive activities aimed at socio-economic development. One strategy

to achieve this balance is environmental auditing.

The United Nations World Conference for Sustainable Development places a

strong emphasis on these principles. It envisions that, in their pursuit of
progress, humans should ensure sustainable conditions not only for themselves
but also for other species and the natural environment. This highlights the need
to consider the long-term health of our planet and its resources while striving
for development.

Internationally, there are several efforts that emphasize environmental safety

and protection through the doctrine of “Sustainable Development.” This
doctrine of sustainable development in environmental law calls for responsible
development that meets the needs of the present without compromising the
ability of future generations to meet their own needs. It promotes a balanced
approach that takes into account social, economic, and environmental aspects
to ensure a harmonious coexistence between human activities and the natural
world.

Stockholm Declaration, 1972

The year 1972 marked a significant turning point in the history of global
environmental governance. The United Nations organized the United Nations
Conference on the Human Environment, which convened in Stockholm in June
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1972. During this historic conference, a series of strategies and agreements

were formulated to address environmental protection on a global scale. The
resulting Stockholm Declaration is often referred to as the “Magna Carta of the
environment” as it stands as the first international document to explicitly
declare the right to a healthy environment as a fundamental and independent
right. This declaration holds immense significance, laying the foundation for
international environmental standards and principles that continue to guide
nations worldwide.

During the Stockholm conference, Prime Minister Mrs. Indira Gandhi of India
emphasized the unique perspective of developing countries, highlighting that
for them, development was not just a goal but a means to enhance living
standards, ensure access to basic necessities, combat desertification, and make
previously uninhabitable areas habitable.

Johannesburg Declaration on Sustainable Development

2002

The Johannesburg Declaration on Sustainable Development, endorsed by

delegates from around the world, marked another critical milestone in the
journey toward a sustainable future.

The Johannesburg Declaration recognized the ongoing challenges facing our

global environment, such as the loss of biodiversity, declining fish stocks,
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desertification, climate change, natural disasters, and pollution of air, water, and
marine ecosystems. It underscored the urgency of addressing these issues to
ensure the sustainable development of all nations.

The declaration acknowledged the world’s capacity to combat poverty and

achieve sustainable development in environmental law and stressed the need
for efficient, accountable, and cooperative global and regional organizations to
facilitate these efforts. It reflected a shared commitment to harnessing
resources for the betterment of humankind and addressing the pressing
challenges that threaten our common future.

Sustainable Development and Environment Protection

Over the past decade, concern for the environment and sustainable
development has become a central theme in the growth strategies, ideologies,
and discussions in Third World countries. Sustainable development is no longer
the exclusive domain of governments; it has emerged as a primary concern of
our global society. People and nations are realizing that the current models of
development, often based on Western examples, are not sustainable. There is a
growing recognition of the need for a more active and responsible approach to
the development process. Information and communication technologies play a
significant role in achieving sustainable development, which is why initiatives
like the ‘Sustainable Development Networking Program’ are essential from the
outset.

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As we entered the new millennium, underdeveloped nations faced

unprecedented challenges related to sustainable development. These
challenges included shifts in the global economy, political transformations,
environmental issues, and population pressures. The task of promoting
sustainable development while meeting the essential needs of communities
and protecting the environment, especially for impoverished populations, is
formidable. Achieving people-centred development can only reach its full
potential when societies, developers, policymakers, and civil society actively
participate and are informed. The growing disparity between those who have
access to information and those who do not reflects the broader gap between
the haves and have-nots in our world.

Sustainable Development and Ecological Balance

Open spaces are crucial for the well-being of a city, often referred to as its
“lungs.” In 1996, the Supreme Court of India issued an order to either close
down or relocate ‘H’ category industries and surrender the land for creating
open spaces, also known as ‘lung spaces,’ in Delhi. While some industries did
move, they were reluctant to give up the land. This situation prompted the
Supreme Court to comment in the case of M.C. Mehta v. Union of India that
delays in legal proceedings should not be allowed in public interest litigation
related to the environment.

The primary goal of this order was to provide open spaces for the benefit of
the public. However, even after more than four years, this objective remained
unfulfilled. Some industries were permitted under the master plan for Delhi and
were not required to surrender their land if they had started operations after
obtaining clearance from various agencies. However, the situation was different
for other industries.

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These principles, along with others of a similar nature, are being incorporated
into the efforts of various government agencies, non-profit organizations, and
private entities. Professionals in fields like education, business, construction,
research, development, and management are drawing inspiration from these
principles to enhance their approaches in terms of skill development, industrial
production, national contribution, environmental responsibility, and community
engagement.

Conclusion

Sustainable development in environmental law is the compass guiding our

collective journey towards a harmonious coexistence between human
prosperity and ecological preservation. Rooted in the recognition that our
actions today have profound implications for future generations, this principle
underscores the imperative to strike a delicate balance between economic
advancement, social equity, and environmental stewardship.

Through landmark legal frameworks and international efforts, sustainable

development has become the cornerstone of modern environmental
jurisprudence. Sustainable development in environmental law demands
responsible resource management, pollution mitigation, and the promotion of
renewable practices.

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