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Student name : DHANUSHREE K.S
Student ID : 20221BBL
Course : BBA LLB (Hons)
Semester : 05
Section : 01
Topic :The role of sustainable development for the
protection of Environment – A critical study
Course Instructor : Prof DR G.M MAMATHA
Date : 10/11/
Statement of Academic Intergrity I am aware of the university policy on academic integrity and understand that if I plagiarise I will be subject the disciplinary procedure I declare this piece of work in my own and any facts, words or ideas from others Date: 10/11/
PRESIDENCY UNIVERSITY , BANGALORE
SCHOOL OF LAW
TOPIC : The role of sustainable development for the protection of
environment – A critical study
SUMITTED BY : DHANUSHREE K.S 20221BBL
SECTION 01, SEMESTER -05 BBA LLB (Hons)
SCHOOL OF LAW
PRESIDENCY UNIVERSITY, BANGALORE 560064
SUBMITTED TO : Prof. DR G.M MAMATHA
SCHOOL OF LAW
PRESIDENCY UNIVERSITY, BANGALORE 560064
Keywords : Development, Environment, Human health, Industrialization, International Organisation
INTRODUCTION
An essential component of life on Earth is the environment, which is the area around living things and influences their way of life. The quality of life depends on a healthy environment, yet as the world grows and changes, it is becoming more harmful. Consequently, we can observe that there is a significant increase in the natural and health atmosphere. contamination. Nonetheless, it is currently acknowledged as an issue of global concern and Governments and international organizations from many nations have made proactive measures to address environmental problems. In relation to this topic, environmental regulations are extremely important and may be seen as a component of fundamental human rights, which is vital to the evolution of human civilization. On a global scale, the Stock Conference, among other conferences and declarations, are important because provide a set of standards and guiding principles for environmental policies. The Indian Constitution , there are a number of laws and regulations that are framed both domestically and globally, but they are not effectively applied by the governments and authorities, which causes problems for human civilization. , there are a number of laws and regulations that are framed both domestically and globally, but they are not effectively applied by the governments and authorities, which causes problems for human civilization. However, these Regulations are essential and beneficial for the general social and economic well-being of society. progress. Additionally, these can assist in addressing the problems that emerge between the development both the environment and the procedure.
ENVIRONMENTAL LAWS AND THEIR EFFECT ON THE
DEVELOPMENT PROCESS
The Environment Protection Act of 1986 is one of India’s most comprehensive laws for safeguarding the environment. Enacted as a direct response to India's participation in the United Nations Conference on the Human Environment held in Stockholm in 1972, this law underscores India’s commitment to implementing global environmental decisions and standards to address critical environmental challenges^1. (^1) The Environment (Protection) Act 1986
The Act serves as an “umbrella” law, designed to consolidate and expand upon existing environmental legislation in India. Before 1986, India had various environmental laws, but they were often fragmented and specific to certain types of pollution or regions, such as the Water (Prevention and Control of Pollution) Act of 1974 and the Air (Prevention and Control of Pollution) Act of 1981. However, as environmental issues became more complex, it became apparent that a comprehensive approach was needed to effectively protect India's natural resources, curb pollution, and regulate activities that harm the environment. Key Provisions and Scope of the Environment Protection Act of 1986
- Broad Authority for the Central Government : The Act empowers the central government to take a wide range of measures for environmental protection. It can issue guidelines, impose restrictions, and even create new regulatory frameworks for specific environmental concerns. This includes the authority to regulate emissions, manage waste, and control industrial activities that may harm the environment.
- Preventive Measures for Pollution Control : The Act authorizes the government to implement measures that prevent environmental pollution before it occurs. It enables authorities to set standards for emissions and discharges, manage hazardous waste, and require industries to adopt pollution control technologies. By focusing on prevention, the Act aims to curb environmental degradation at its source.
- Comprehensive Framework for Environmental Governance : Unlike earlier laws, the Environment Protection Act covers all areas of the environment, making it a one- stop framework for addressing multiple facets of environmental harm, from land and water pollution to wildlife protection. This all-encompassing approach provides a legal basis for tackling new environmental challenges as they arise.
- Mandate from the Stockholm Conference : The Act is partly a result of India’s commitment to international environmental standards, as established by the Stockholm Conference. This conference, held in 1972, was the first major international gathering on the environment and laid the groundwork for global environmental governance. The resolutions from the conference prompted countries to adopt stricter environmental standards and safeguard natural resources for future generations. The Environment Protection Act enables India to fulfill these global obligations, thereby aligning its national policies with international environmental protocols.
development, ensuring that economic growth does not come at the cost of environmental degradation. Salient features of the Environment Protection Act, 1986 : Through this act central government can plan and execute the nationwide program for the prevention, control, and abatement of environmental pollution and restriction of areas in which any industries, operations, or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards. (Section 3) The central government has the power to direct the closure, prohibition, or regulation of any industry, operation, or process and the stoppage or regulation of the supply of electricity or water, or any other service. (Section 5) This acts mandates that no person carrying on any industry, operation or process shall discharge or emit or permit to be discharged or emitted any environmental pollutants in excess of such standards as may be prescribed. (Section 7) This act gives provision for the establishment of environmental laboratories for testing the samples and other related functions prescribed by the act. (Section 12) This act provides punishment against those who go against any of the provisions of this act and harms the environment. (Section 15) The Forest (Conservation) Act of 1980 and the Wildlife (Protection) Act of 1972 are two of India’s most significant environmental laws, each playing a crucial role in conserving the country’s natural resources and biodiversity amidst rapid development.
Forest (Conservation) Act of 1980
This legislation was enacted to prevent large-scale deforestation, which poses a significant threat to the environment. Forests are crucial for maintaining ecological balance—they regulate climate, support biodiversity, and provide livelihoods to communities. The Act’s
primary goal is to prevent the diversion of forest land for non-forest purposes, thereby preserving these vital resources. Key Features:
- Centralized Control over Forest Land Use (Section 2): Under this Act, only the central government is empowered to make decisions regarding the de-reservation of forests or the conversion of forest land for non-forest purposes. This centralized control aims to prevent states from independently clearing forest areas for development projects, thereby ensuring that deforestation is carefully monitored and minimized.
- Advisory Committee for Conservation (Section 3): The Act allows the central government to establish an advisory committee responsible for providing expert guidance on matters related to forest conservation. This committee plays a crucial role in evaluating proposals for forest land diversion and advising on best practices for sustainable forest management.
- Penalties for Violations : In 1988, the Act was amended to include penalties for individuals or entities violating its provisions. This ensures accountability and deters unauthorized deforestation by imposing fines and, in some cases, imprisonment for violators. Impact on Development and Environmental Conservation The Forest (Conservation) Act balances economic development with environmental preservation by restricting large-scale deforestation. While this means that some development projects may face limitations or delays, it also ensures that India’s forests are not recklessly depleted. The Act encourages developers to consider sustainable practices, such as compensatory afforestation (planting new trees to replace those cut down), and protects communities that rely on forests for their survival.
Wildlife (Protection) Act of 1972
India’s biodiversity is one of the richest in the world, and the Wildlife (Protection) Act was enacted to safeguard the nation’s wildlife from threats like poaching, habitat loss, and illegal trade. Originally under state jurisdiction, this Act was moved to the concurrent list following
- Central Zoo Authority^5 : This body is responsible for overseeing the functioning of zoos across India, ensuring they adhere to standards of animal welfare and conservation. By regulating zoos, the Central Zoo Authority helps maintain biodiversity and provides a safe environment for wildlife that may be endangered or in need of rehabilitation.
Role of Environmental Laws in Sustainable Development
These environmental laws are instrumental in balancing India’s development objectives with the need to conserve natural resources and biodiversity. As the country pursues industrial growth and urban expansion, environmental laws like the Forest (Conservation) Act and the Wildlife (Protection) Act serve as safeguards, preventing the exploitation of natural resources. They encourage industries and developers to adopt sustainable practices, such as the conservation of natural habitats and careful resource management, which helps mitigate the negative impact of development on the environment. Environmental regulations not only preserve India’s ecological heritage but also promote sustainable economic growth by ensuring that natural resources are utilized responsibly. This approach supports long-term economic stability and contributes to global efforts to combat issues like climate change and biodiversity loss. Through these laws, India demonstrates a commitment to both progress and the preservation of its unique and diverse ecosystems.4o
Right to Life and Environmental Protection: Role of the Judiciary
Article 21 of the Indian Constitution guarantees the “right to life and personal liberty,” and although it doesn’t explicitly mention environmental rights, judicial interpretation has broadened this right to include a right to a clean and healthy environment. Through landmark rulings, the judiciary has acknowledged the intrinsic link between environmental protection and the right to life, reinforcing that a degraded environment poses a direct threat to individuals’ health and well-being. The judiciary, particularly the Supreme Court of India, has been instrumental in expanding the scope of Article 21 to include environmental rights by emphasizing that the quality of life, which the right to life implies, cannot be achieved in a polluted or unsafe environment. (^5) Wildlife (Protection) Act 1970, s 38A
Courts have used this principle to require government and private entities to adopt practices that do not endanger public health or the environment. Landmark Cases Illustrating Judicial Intervention in Environmental Protection
- M.C. Mehta v. Union of India^6 (also known as the “Ganga Pollution Case”): In this landmark case, the Supreme Court addressed the severe pollution levels in the Ganga River caused by industries, including tanneries. The Court ordered the closure of numerous polluting tanneries despite recognizing that this action could lead to unemployment and loss of revenue. Justice Singh observed that the right to life under Article 21 has greater importance than the economic interests of the industry. He stated that “life, health, and ecology have greater importance for the people” because, under Article 21, no person should be deprived of life due to environmental degradation.
- Charan Lal Sahu v. Union of India^7 : Following the Bhopal gas tragedy, this case emphasized the government’s responsibility to ensure environmental safety. The Supreme Court held that the State must take effective measures to protect the constitutional rights enshrined under Articles 21, 48-A , and 51-A(g). Article 48-A mandates the State to protect and improve the environment, while Article 51-A(g) assigns every citizen a duty to protect the natural environment. This case reinforced that the right to life encompasses the right to live in a safe and pollution-free environment and that the government is responsible for enforcing this protection. Through these judgments, the judiciary has underscored that environmental conservation is essential to uphold the constitutional right to life. The courts have placed environmental concerns above economic and industrial interests when these interests pose a threat to public health and safety.
Role of International Organizations and Conferences in Environmental
Issues
International organizations and conferences play a vital role in shaping policies, setting norms, and fostering global cooperation on environmental issues. They create platforms for (^6) 1988 SCR (2) 530 (^7) 1989 SCR Supl. (2) 597.
provided a comprehensive action plan for sustainable practices that governments could adopt at local, national, and global levels.
- Intergovernmental Panel on Climate Change (IPCC) : Formed in 1988 by the World Meteorological Organization (WMO) and UNEP , the IPCC is the leading international body for the scientific assessment of climate change. Its primary function is to provide governments with objective, scientific information on climate change, its impacts, and possible adaptation and mitigation strategies. The IPCC’s assessments are a key source of information for international climate treaties, including the United Nations Framework Convention on Climate Change (UNFCCC) , the Kyoto Protocol , and the Paris Agreement.^11 The IPCC’s work has been pivotal in raising awareness about the urgency of climate change, and its reports are instrumental in shaping global policies. By presenting scientific evidence on the causes and impacts of climate change, the IPCC has influenced international climate negotiations, pushing countries to adopt policies aimed at reducing greenhouse gas emissions and mitigating climate impacts. (^11) Intergovernmental Panel on Climate Change(Australian Government, Department of Climate Change, Energy, the Environment and Water)< https://www.dcceew.gov.au/climate-change/international- commitments/intergovernmental- panel#:~:text=The%20Intergovernmental%20Panel%20on%20Climate,Kyoto%20Protocol%20and%20Paris% 0Agreement.>
CONCLUSION
A clean and healthy environment is essential for all life forms, and various laws have been created to protect it. These laws, such as the Environment Protection Act, Forest (Conservation) Act, and Wildlife (Protection) Act, aim to control harmful activities, preserve resources, and support sustainable development. Public awareness is also crucial, as informed citizens can help drive eco-friendly practices and hold organizations accountable for environmental damage. With challenges like climate change, pollution, and resource depletion, updating environmental laws is essential. Modern amendments should address pollution control, waste management, biodiversity conservation, and green energy support. Sustainable development must be central to policy-making, ensuring economic growth aligns with environmental protection. Using alternative energy sources like solar and wind power is vital to reduce reliance on fossil fuels. This shift can help reduce pollution, slow climate change, and protect finite resources. Lastly, strict enforcement of environmental laws and active public participation are key to building a safer, healthier environment. Through effective laws and collective action, we can create a balanced, sustainable future.
