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Sustainable Development and Governance

LAW AND GOOD GOVERNANCE IN INDIA


ASSIGNMENT

Submitted To- Submitted By-


Mr. Abhishek Kumar Rai Name- Nilotpal , Enroll.NO.-387630
Assistant Professor Class- B.A.LL.B.(Hons.)VIII Semester
Roll No.-36

FACULTY OF LAW
BANARAS HINDU UNIVERSITY
VARANASI
2020-2021

ACKNOWLEDGEMENT
At the outset I would like to express my special thanks of deepest gratitude to my subject
teacher ‘Mr. Abhishek Kumar Rai’ who gave me the golden opportunity to do this
wonderful assignment on the concerning topic, which also helped me in doing a lot of
Research and I came to know about so many new things, whatever I have done is only due to
his guidance and assistance.

I am highly indebted to Dean & Head of my faculty ‘Prof. R.P.Rai’ for his constant
supervision as well as for providing necessary information regarding the assignment and also
for encouragement concerning to my topic. Further, I would not forget to remember my
parents and other family members who unlisted encouragement and creates an environment
suitable for my assignment and more over for their timely support to do the best that I can.
My thanks and appreciations also go to my classmates and friends in developing the
assignment, who have willingly helped me out with their abilities. The books of library also
help me to add some interesting things related to my topic.

At last I would like to extend my sincere thanks and also extremely fortunate to all of them
for their kind co-operation to prepare and finishing this assignment within the limited time.
*Thanks to All*
Table of Content

SL. NO. TOPIC PAGE NO.


1. Abbreviations (i)
2. Cases Referred (ii)
3. Introduction 1
4. Meaning 2
5. Relation Between Sustainable Development and 2
Governance
6. Dimensions of Sustainable Development & Governance 3
7. Sustainable Development in Globalized World 6
8. Means of Implementation 7
9. Strengthening Governance for Sustainable 10
Development
10. Sustainable Development - the Policies and 11
Programmes
11. Sustainable Development – Achievements and 17
Challenges
12. 19
Sustainable Development and Indian Constitution
13. 21
Principles of Sustainable Development in
Environment
14. 27
Goals of Sustainable Developments
15. 29
Conclusion
16. 30
Bibliography

Abbreviations
AP- Andhra Pradesh

AIR- All India Reporter.

CLJ- Criminal Law Journal

HP- Himachal Pradesh

ILR- Indian Law Reporter

Ltd.- Limited

Pvt.- Private

Raj.- Rajasthan

SC- Supreme Cases

SCC- Supreme Court Cases

SCR- Supreme Court Reporter

v.- Versus

Cases Referred
Andhra Pradesh Pollution Control Board v. M.V Nayudu, AIR 1999 SC 812.
Calcutta Youth Forum v. State of West Bengal, 1986 (2) CLJ. 26.
Citizen, consumer and Civic Action Group v. Union of India, AIR 2002 Mad. 298.
Court on Its Own Motion v. Union of India, Suo Motu Writ Petition (civil) No. 284 of 2012,
(2013) 1 MLJ 639 (SC).
Indian Council for Enviro Legal Action v. Union of India, (1996) 3 SCC 212.
K. Guruprasad Rao v. State of Karnataka, (2013) 8 SCC 418.
Kinkri Devi v. State, AIR 1988 HP 4.
L.K. Koolwal v. State, AIR 1988 Raj. 2.
M.C Mehta v. Union of India, (1997) 2 SCC 353.
M.C Mehta v. Union of India, (2002) 4 SCC 356.
N.D Jayal v. Union of India, (2004) 9 SCC 362.
Research foundation for Science, Technology and Natural Resources Policy v. Union of India
and Another, (2005) 13 SCC 156.
Research foundation for Science, Technology and Natural Resources Policy v. Union of India
and Another, (2005) 13 SCC 156
Rural Litigation and Entitlement Kendra, Dehradun v. Union of India, AIR 1985 SC 652.
State of Himachal Pradesh v. Ganesh Wood Products, AIR 1996 SC 149.
Sterlite Industries (India) Ltd. v. Union of India, (2013) 4 SCC 575.

T. DamodharRao v. S.O.Municipal Corporation, Hyderabad, AIR 1987 A.P. 171.


T.N Godavarmanthirumulpad v. Union of India, (2009) 17 SCC 764.
Vellore Citizens Welfare Forum v. Union of India (Tamil Nadu Tanneries Case), (1996) 5
SCC 647.
Vellore Citizens Welfare forum v. Union of India, AIR 1996 SC 2715.

Introduction

Development should always be meaningful in nature. It is a process of long term character;


it does not halt anywhere, any time. Sustained efforts must always be on to reap the fruits of
sustainable development. As early as in 1987 in a Report entitled ‘Our Common Future’,
the Brundtland Commission defined sustainable development as “development, which meets
the needs of the present without compromising the ability of future generations to meet their
own needs”. Extensive efforts by the governments, international organisations, local
authorities, business, citizen groups and individuals are being made, across the globe, to
operationalize the task of sustainable development. A World Summit on Sustainable
Development was held in Johannesburg in 2002 which resulted in Johannesburg Plan of
Implementation (JPOI) and was committed for achieving internationally agreed
development goals including United Nations Millennium Declaration, United Nations,
Framework Convention on Climate Change, Convention on Biodiversity, Convention to
Combat Desertification and non-binding targets of the Forestry Principles.
In 1972, the then Prime Minister of India, Mrs Indira Gandhi emphasized, at the UN
Conference on Environment at Stockholm, that the removal of poverty is an integral part of
goal of an environmental strategy for the world. The concepts of interelatedness, of a shared
planet, of global citizenship and of spaceship earth cannot be restricted to environmental
issues alone. They apply equally to shared and interlinked responsibilities of environment
protection and human development.
History has led to vast inequalities leaving almost three fourth of the world’s population
living in less developed and developing countries and one fifth below the poverty line. The
long term impact of past industrialization, exploitation and environmental damage cannot be
wished away. Taking a cue from the history of post industrial revolution, it is only right that
development in this new century is more conscious of its long term impact. The problems
are complex and choices difficult. Our common future can only be achieved with a better
understanding of our common concerns and shared responsibilities.
The Constitution of India ensures to all the Indian citizens, Justice-social, economic and
Political Equality-of states and opportunity-and the Dignity of the individual. The Right to
Life is conferred in Article 21 encompassing right to clean environment, right to livelihood,
right to live with dignity. As well, the Directive Principles of State Policy (DPSP) ensure
distributive justice including social and economic justice; it is a duty upon the state to
protect and improve the environment and safeguard the forests and wildlife.
This assignment will reflect various dimensions of the sustainable development and good
governance with special reference to India.
Meaning
Sustainable Development-

"Sustainable development is development that meets the needs of the present, without
compromising the ability of future generations to meet their own needs."

Good Governanace-

“Good governance has 8 major characteristics. It is participatory, consensus oriented,


accountable, transparent, responsive, effective and efficient, equitable and inclusive and
follows the rule of law. It assures that corruption is minimized, the views of minorities are
taken into account and that the voices of the most vulnerable in society are heard in decision-
making. It is also responsive to the present and future needs of society.”

The Relationship between Governance and Sustainable Development

For governance to play an important role in sustainable development, according to Kauf-


mann, Kraay, and Mastruzzi (2010), a common consensus of the definition of governance
has to be achieved. However, in all definitions, only rules, compelling mechanisms and
organization come to the forefront. Thus, Keefer (2004:3–5) states that governance is not a
concept that is described easily because this term encompasses public institutions respecting
people’s rights and the public decision-making process.
Governance, which is perceived as being complicated in this aspect because of its wide
scope, has prepared the ground for the emergence of the ‘good governance’ concept that
emerged in the second half of the 1980s. According to studies by the World Bank (1991) and
DAC-OECD (1993), the emergence of good governance has accelerated with a change in
expectations of the public authority and social order. The term governance, according to
‘good governance’, contains such features as efficiency and effectiveness, rule of law,
participation, accountability, transparency, respect for human rights, fighting corruption,
being tolerant to diversity and gender equality. Thus, governance has an important influence
on sustainable development.
However, the sustainable development term established around a sustainable environment
has six universal objectives in the 2030 vision according to Griggs et al. (2013). The first of
these objectives is improving individual living conditions in the community. Thus, in
economics, where sustainable production and consumption loops are established, poverty
should decrease, individual welfare should increase through advancements in education,
unemployment should decrease, income should be distributed fairly, and health and shelter
conditions should improve. Accordingly, individual and community welfare will be
developed. The second objective of sustainable development is maintaining food safety,
which implies long-term food safety, developing nutritional conditions and ending hunger in
the world, and ensuring that production, distribution and consumption chains are
characterized by sustainable, functioning systems. The third objective of sustainable
development is maintaining water safety. Developing the necessary facilities for universal
access to clean water, providing coverage of basic health services to all individuals and
establishing water resources management that uses water in an effective way will ensure that
water is sustainable. The fourth objective is that sustainable development makes clean
energy universally accessible. Air pollution from energy production will therefore be
minimized. As a result, health problems and global warming from air pollution generated by
economic activities are also minimized. The fifth objective of sustainable development is to
ensure ecosystems function in a healthy and productive way. A healthy and sustainable
ecosystem depends on the actions of people. When people perform their duties, such as
providing better governance, effective evaluation, accurate measure, greater protection and
restoration, they achieve this goal. The sixth and final objective of sustainable development
is establishing the necessary public administration for a sustainable community. The focus
on creating sustainable communities and institutions through public administration is also
necessary for achieving the five objectives previously mentioned because sustainable
communities are aware that these five objectives maintain their sustainability features.
Because the final objective encompasses the other five objectives, it is obvious that
communities must have an administration that is aware of these objectives and working in
accordance with these objectives to protect the environment and ensure that development is
sustainable. As a result, communities and individuals have ready access to education,
income distribution is fair, health and shelter conditions improve alongside resource usage
and environmental sustainability.
Dimensions of Sustainable Development & Governance
Poverty Eradication and Sustainable Livelihoods:
Poverty and degraded environment are closely interrelated, especially where people depend
for their livelihood, on the natural resources base of their immediate environment. Restoring
natural systems and improving natural resource management practices at the grass root level
are central to a strategy to eliminate poverty.
The survival needs of the poor force them to continue to degrade an already degraded
environment. Removal of poverty is therefore, prerequisite for protection of environment.
Poverty is the root cause for hunger and malnutrition. The problem is further compounded
by the inequitable access of the poor to the food that is available with the Governmental
agencies. The bill to food security which is introduced by the Central Government in the
Parliament is a major step towards removal of hunger and malnutrition from the masses.
Side by side, it is also necessary to strengthen Public Distribution of our country to
overcome the inequality to access.
Diversion of lands of the poor, particularly adivasees towards economically useful purposes
(Dams, Hydel Power stations, mining, factories etc.) deprives the poor of the resource base
which has traditionally met many of their sustenance needs.
Market forces also leads to the elimination of crops that has been traditionally been integral
to the diet of the poor, thereby threatening food security and nutrition.
The process of sustainable development should be guided by principles of inclusive social
development and protection and conservation of environment. The inclusive and social
development will come only when people displaced from their lands and environmental
resources are provided new opportunities in the vicinity of their lost habitats. Their family
members should be absorbed and given jobs in the new projects.

Women, while continuing to perform, their traditional domestic roles are increasingly
involved in earning livelihoods. They are often the principal or the sole breadwinner. A
major thrust at the policy level is necessary to ensure equity and justice for them.

Literacy and basic education are essential for enabling the poor to access the benefits
offered by development initiatives and market opportunities. Basic education is therefore a
pre condition for sustainable development.
A sizeable (about 60 percent according to some estimates) proportion of the population is
not integrated into the market economy. Ensuring the security of their livelihoods is an
imperative for sustainable development.
Changing Unsustainable Patterns of Consumption and Production:
With increasing purchasing power, wasteful consumption linked to market driven
consumerism is stressing the resource base of developing countries as well as developed
countries, further. It is important to counter this unsustainable trend through education and
public awareness.
In several areas, desirable limits and standards for consumption need to be established and
applied through appropriate mechanism including education, incentives and legislation.
Several traditional practices that are sustainable and environmental friendly continue to be
regular part of the lives of the people in developing countries. Examples are cycling,
walking, Khadi dresses, Jaggrey making etc.
These need to be encouraged rather than replaced by more modern but unsustainable
practices and technologies.
Development decision regarding and infrastructure are a major determinant of consumption
patterns. It is, therefore, important to evaluate and make developments decisions which
structurally lead to more sustainable society.
Technologies exist through which substantial reduction in consumption of resources is
possible. Efforts to identify, evaluate, introduce and use of these technologies must be
made. Also simple living should be encouraged. We can certainly live a broad minded and
selfless life even without using modern gadgets like Air Conditioners, Washing Machines,
Automobiles, Music Systems etc.
Subsidies often lead to lethargy and people will not make efforts to struggle and improve
their standard of living.
Protecting and Conserving Natural Resource Base of Economical and Social
Development:
The integration of agriculture with land and water management and with ecosystem
conservation is essential for both environmental sustainability and agricultural production.
An environmental protection perspective must guide the evaluation of all developmental
projects, recognizing the role of natural resources in local livelihoods. The recognition must
be informed by a comprehensive understanding of the perception and opinion of the local
people about their stakes in resources base.
To ensure the sustainability of natural resources base, the recognition of all stake-holders in
it and their roles in its protection and management is essential.

The indigenous communities, women and people living below poverty line are generally
weaker and do not enjoy same power as their opposite counterparts.
There is a need to establish well defined and enforceable social rights and to ensure equal
access to land, water and other natural and biological resources for these disadvantaged
groups.
Further, water governance arrangements should protect ecosystem and preserve or restore
the ecological integrity of all natural water bodies and their catchments. This will maintain
wide range of ecological services that healthy ecosystems provide and the livelihoods that
depend upon them.
Biomass is and will continue for a long time to be a major source of fuel and energy,
especially for the rural poor. Accepting this fact, the appropriate mechanisms must be
evolved to make such consumption of biomass sustainable through both resource
management and promotion of efficient and minimally polluting technologies and
alternatives which will progressively reduce pressure on biomass, which cause
environmental degradation.
The traditional approaches to natural resource management such as protection of sacred
mangroves, ponds, water harvesting systems etc. should be revived to recapture the
ecological wisdom.
Sustainable Development in Globalized World
Globalization as it is taking place today, is increasing the divide between the rich and the
poor. It has to be steered so that it serves not only commercial interests but also social
imperatives of development.
Global business thrives on and therefore encourages and imposes high levels of
homogeneity in consumer habits. On the other hand, the global products and services to be
locally appropriate and sustainable, it must be guided by local considerations which lie in
cultural diversity and traditions. Therefore, significance of diversity and need to preserve it,
is an important precondition for globalization to be sustainable.
Globalisation is sustained by a vast, globally spread manpower. Their security is sometimes
threatened by global distortion (e.g. sanctions against countries not conforming to
international norms in human rights or environment related matters). Therefore, Mechanism
to safeguard trade and livelihoods, especially in developing countries, must be evolved and
negotiated to make globalization an effective vehicle of sustainable development.
Means of Implementation
Finance:
Overseas Development Assistance (ODA) is declining. The commitments made by
industrialized countries at Earth Summit in Rio a decade ago, remain largely unmet. This is
cause for concern for which has been voiced by several developing countries. Industrialised
countries must honour their ODA commitments.
The new instrument and mechanism e.g. the Clean Development Mechanism that are trying
to replace ODA need to be examined closely for their implications for developing
countries. In view of declining trend in ODA, developing countries must explore how they
can finance their sustainable development efforts such as by introducing a system of
ecological taxation. Private investment can not replace development aid and subsidy as it
will not reach sectors relevant for poor. Such investments can at best be additional to and
not replacements for, development assistance.
Conditions attached to financial assistance need to be rigorously scrutinized, and assistance
accepted, only if conditionalities are favourable. Financial support for sustainable
development must not be negatively influenced by political considerations external to the
objective of the assistance.
Trade:
Trade regimes, especially WTO, are sometimes in conflict with sustainable development
priorties. Imperatives of trade and concerns related to environment equity and social justice,
however need to be dealt with, independently.
Environmental and Social clauses which are implicitly or explicitly part of international
agreements must not be used selectively to erect trade barriers against developing countries.

Developing countries will suffer a major trade disadvantage if efforts to put in place
globally acceptable Process and Production methods(PPMs) are successful .Instead existing
disparities between the trade regimes and multilateral environmental agreements such as
those between Trade Related Intellectual Property Rights (TRIPS),Regime and Convention
on Biologically Diversity (CBD) should be thoroughly addressed. Mechanism to resolve
such conflicts between multilateral agreements should be set up.

Technology:
Developing countries need not follow conventional path to development with regard to
technologies but must use to their advantage the cutting edge technology options now
available to leapfrog and put the tools of modern technology to use. Mechanism must be put
in place to make available the latest technologies at reasonable cost to developing countries.
Technology transfer must be adopted by an understanding of its implications in social,
economic and environmental context of the receiving societies.
Technologies must be usable and beneficial to local people. Wherever possible, existing
local technologies must be upgraded and adapted to make them more efficient and useful.
Such local adaptions should also lead to upgradation of local technical skills.
Local innovations and capacity building for developing and managing locally relevant and
appropriiate technologies must be encouraged and supported.
Integrating highly sophisticated modern technologies with traditional practices sometimes
produces,the most culturally suited and acceptable solutions which also make them more
viable. This trend should be encouraged.
Population:
The official realization that population is not merely about numbers but about health and
quality of life of people in general and women in particular is a welcome sign.
Our 1220 millions of people are more of a liability and we look towards aid and subsidies to
support them. Most of them are illiterate and hence are dependent on the society and other
donor nations. Give them education and see the changes. Same people will become
performing assests.
Similarly our middle class people should be encouraged to support the poor people of our
country particularly, responsibility for educating their children can be undertaken by them.If
this type of attitude comes to our rich and middle class , things will change swiftly in our
society.
The society at large should respect the rights of the women over their bodies and
reproductive system. This recognition must permeate society in general, religious, judicial
and law enforcement institutions in particular, through continual campaigning and dialogue.

Strengthening Governance for Sustainable Development


Local:

Effective management of resources requires participation of all stake holders.At the local
level, strengthening democratic institutions generally leads to better and more sustained
management of natural resources.
To enhance effectiveness of people’s participation in local governance, committees
comprising of both elected and executive members of local bodies and representatives of
community groups must be formed. Appropriate capacity building would enable them to
undertake local development activities according to community priorities.
All members of society are stakeholders of sustained development. Women make up half of
this group. Affirmative action to ensure this representation and power to women in local
governance are necessary to make them effective and equal partners in the development
process.
Social groups which have been traditionally discriminated against must be represented in
local governance and empowered to ensure that they become effective and mainstream
partners in development.
Childern are a valuable asset of every society. It is responsibility of not only of parents but
of community that children realise their potential fully, grow up in a healthy, enriching and
fulfilling environment. Ensuring the provision of such an environment is a major challenge
of governance at local level.
The occupational, cultural and economic heterogeneity of population is on the whole a
major asset in making development sustainable but there are times of crisis when the same
heterogeneity can become basis of conflict and social insecurity. It is imperative to evolve
participatory mechanism of governance involving citizen groups and local authorities which
will provide effective means of conflict resolution.
National:
Sustainable development is achieved through optimal gains from several variables rather
maximising those from single one. This requires government departments, by convention
sectorally organized, to work together or in some cases as a single multidisciplinary
authority.
The richness of skills available in society must be harnessed through partenership, involving
institutions, in civil society such as NGOs, Corporate bodies, academic and research
institution,trade unions etc. which must be made an integral part of planning and
implementation for sustainable development.

There is on one hand, surfeit of laws, many of them outmoded and irrelevant, on the other
hand, effective enforcement is lacking in respect of laws relevant to contempory concerns
and conducive to governance. This calls for a thorough review of laws, elimination of those
which are out moded and simplification of those which are relevant.
Internal reviews as well as learning from international experience should be the basis of
identifying and filling gaps in existing laws. It must however be recognized that laws in
themselves do not provide solutions unless there are mechanism to effectively enforce them.
Many policies were framed either before sustainable development became a major concern or
in a sectoral perspective.These need to be reviewed from the point of view of sustainable
development.
Areas lacking policies should be identified and adequate policies compatible with
imperatives of sustainable Development framed taking in to account successful example of
policies and initiatives in similar areas.
International:
There is both a need and scope for regional and global cooperation in sustainable
development. Some of the areas of common concerns are marine and riparian issues,
transboundary environmental impacts, management of bio resources, technology sharing
and sharing of sustainable development experiences.
Efforts must be made especially by developing countries, to work towards synergizing
experiences and raising shared regional concerns as a strong united front in international
forums. Mechanisms must be put in place to facilitate such international exchange of
domestic and global experiences in sustainable development.
There must be mechanisms for monitoring the compliance by countries to their obligations
under various environmental agreements. Currently, there is multiplicity of institutions with
fragmented responsibilities. A better governance regime is required to ensure cooperation
and compliance.
Sustainable Development - the Policies and Programmes

With an aim to fulfil:

a) Commitment towards social progress,

b) Accelerated economic growth and

c) Increased environmental conservation,

the policies and programmes of the sustainable development, in India, have been designed and
implemented, since the 1990s1. Ensuring the environmental sustainability of the development
process was felt the need of the hour through social mobilization and peoples‟ participation at all
levels of development. Promotion of human development and conservation of natural resources
continued to become the part of the Tenth Five Year Plan (2002-2007). And, in this direction efforts
were continued to achieve the United Nations MDGs pertaining to poverty eradication which was
already included in the country‟s monitorable development goals.
It is well conceived that Social, Economic and the Environment (SEE) are the three
pillars of sustainable development. In the economic front, the thrust of Economic Reforms,
in all the sectors, has been to open India‟s market to international competition, remove
controls over private sector and eliminate trade barriers. Liberalised access to foreign capital
and encouragement to foreign investments have also been catered to through economic
reforms in the country. The banking and financial regulatory bodies were being strengthened
aimed at expansion of the domestic capital markets.
Agriculture:
As agriculture is the main stay in India, it is obvious this sector needs to be encouraged on
top priority. India‟s National Agricultural Policy (NAP) states that, the policy will seeks to
promote technically sound, economically viable, environmentally non-degrading, and
socially acceptable use of country‟s natural resources- land, water and genetic endowment to
promote sustainable development of agriculture 3.
The programmes initiated in the agricultural sector aimed at promoting sustainable
development of the sector are:
1. National Food Security Mission (NFSM)

2. Rastriya Krishi Vikas Yojana (RKVY)

3. Integrated Watershed Management Programme (IWMP)

4. National Watershed Development Project for Rainfed Area (NWDPRA)

5. Command Area Development and Water Management Programme (CADWM)

6. National Project for Repair, Renovation and Restoration (RRR) of Water Bodies

7. Kissan Credit Card (KCC) Scheme

8. National Agricultural Insurance Scheme (NAIS)

9. Macro Management of Agriculture (MMA)

10. Integrated Scheme of Oilseeds, Pulses, Oil Palm and Maize (ISOPOM), and

11. Weather Based Crop Insurance Scheme ( WBCIS)

Industry:

In the Industrial Front, the 1991 Industrial Policy Statement attempted at establishing policy
framework aimed at the following:

a) Encouraging entrepreneurship,

b) Developing indigenous technology

c) Bringing in new technology,

d) Dismantling the licence permit system,

e) Developing the capital market and

f) Increasing competitiveness for the benefit of the common man- all aimed at promoting
development which is sustainable in nature4.
Particularly in the Indian context, promotion of support to Micro and Small Enterprises
(MSEs) has been catered to through National Small Industries Corporation (NSIC) aimed at
enhancing capabilities, competitiveness and marketability of the products of MSEs in the
country5. The ICT sector is also being promoted in a great way mainly aimed at software
development for export. The development of telecom sector led to increased national
coverage and resulted in maximisation of consumer benefits in terms of declining tariffs.
Investment, Trade and Technology Up gradation:

The post-liberalization period paved easier ways for FDI and technology transfers and
others – all aimed at promoting growth in the country. Manufacturing activities have been
promoted through Special Economic Zones (SEZs). In the trade front, significant policy
initiatives have been taken through scaling down of tariff barriers, partial dismantling of the
system of import and export licenses and simplication of other producers being followed
prior to 1991 in the trade sector6. Efforts at technology up gradation were initiated by
promoting imports of capital goods for certain sectors under Export Promotion Capital
Goods (EPCG) scheme at zero per cent duty; the areas covered being engineering and
electronic products, basic chemicals and pharmaceuticals, apparels and textiles, plastics,
handicrafts, chemicals and allied products and lather and leather products- of course a wide
range of coverage.
Infrastructure-Banking and Social Initiatives:

Growth of the electricity sector was being promoted by policy initiatives in the form of the
Electricity Act 2003, the National Electricity Policy 2005 and Tariff Policy 2006 – all
creating a conducive environment for investments in the power sector in the country; use of
renewable sources of energy was encouraged significantly contributing to the growth of
infrastructure in India. Added to this, the financial sector reforms, initiated in the 1990s,
sought to create an efficient, productive and profitable financial sector in the country aimed
at overall financial stability. Also, the Indian capital market was opened up for Foreign
Institutional Investors.
It is being argued that economic liberalization and globalization have social impacts in the
Indian context. In this regard, changes in social policies have been initiated aimed at
addressing the existing social inequality and concerns. Here, the aspects of poverty,
employment, education, housing, health, agriculture, aforestation and environment
protection, drinking water, energy to rural areas, and welfare of weaker sections of the
society- are all included under the broad umbrella termed the Twenty Point Programme
initiated in the year 2006.
The Government of India Twenty Point Programme:
1. Garibi Hatao (Poverty Eradication)

2. Jan Shakti (Power to People)

3. Kisan Mitra (Support to Farmers-Farmers‟ Friendly)

4. Shramik Kalyana (Labour Welfare)

5. Khadya Surksha (Food Security)

6. Sabke Liye Awas (Housing for All)

7. Shubh Peya Jal (Clean Drinking Water)

8. Jan Jan Ka Swastya (Health for All)

9. Sabke Liye Shiksha (Education for All)

10.Anuschit Jaati, Jan Jaati, Alp-sankhyak Evam Anya Pichhra Varg Kalyan (Welfare of Scheduled
Castes (SCs), Scheduled Tribes (STs), Minorities and Other Backward Class (OBCs)
11. Mahila Kalyana (Women Welfare)

12. Bal Kalyan (Child Welfare)

13. Yuva Vikas (Youth Development)

14. Basti Sudhar (Improvement of Slums)


15. Paryavaran Samrakshan evam Van Varadi (Environmental Protection and Afforestation)
16. Samajik Suraksha (Social Security)

17. Grameen Sadak (Rural Roads)

18. Grameen Oorja (Energization of Rural Areas)

19. Pichhra Kshetra Vikas (Development of Backward Areas), and

20. E-Shasan (IT-Enabled e-Governance)

Apart from, and along with, the above the following Policy Initiatives taken also aim at
promotion of sustainable development in India:
 National Housing and Habitat Policy (NHHP), 1998

 Jawaharlal Neharu National Urban Renewal Mission (JnNURM), 2005

 The National Urban Transport Policy (NUTP), 2006

 The National Rural Health Mission (NRHM), 2005

 National Population Policy (NNP), 2000

 Rajiv Gandhi National Fellowship Scheme (RGNFS), 2006 (SCs & STs Students to persue
M.Phil and Ph.D.,)
 The National Food Security Mission (NFSM), 2007

 The Rashtriya Krishi Vikas Yojana (RKVY), 2007

 The National Rehabilitation and Resettlement Policy (NRRP), 2007

 The National Environment Policy (NEP), 2006,

 The National Forest Policy (NFP),1998.

Thus from the above it is clear that the Government of India have initiated, evolved several
policy measures promoting sustainable development in the country.
Legal, Institutional and Financial Support:

In India, a plethora of laws has been enacted and implemented pertaining to the three pillars
(SEE) of sustainable development. To begin with, the Indian legal initiatives have focused
more on the environment, but of late, many initiatives that address social and economic
issues, aimed at bringing about integration between and among, have been taken.
The key Acts with regard to sustainable development (SEE) are:

1. The (Welfare Protection Act), 1972 and its Amendments in 1991, 2002,

2. Panchayat Extension to Scheduled Areas Act, 1996,

3. Biological Diversity Act, 2002 and the Biological Diversity Rules, 2004,

4. National Rural Employment Guarantee Act, 2005, and

5. Forest Rights Act, 2006.


Further, the Environmental Principles such as:
 Precautionary Principle,

 Polluter Pays Principle,

 Public Trust Law Doctrine,

 Inter-generational Equity and Absolute Liability, as well have been accepted in India as part of
Article 21 of Right to Life of the Constitution.

More particularly, in India, the following Legislations/Acts in the Social and Economic
perspectives promoting sustainable development have been brought out.
On the Social front:

 Protection of Human Rights Act, 1993,


 National Trust Act, 1999,

 Commissions for the Protection of Child Rights Act, 2005,

 Right to Information Act, 2005,

 Gram Nyayalayas Act, 2009 and

 Right of Children to Free and Compulsory Education Act, 2009 have been enacted.
On the Economic Front:

 Foreign Trade (Development and Regulation) Act, 1992,

 Competition Act, 2002,

 Fiscal Responsibility and Budget Management Act, 2003, and

 Micro, Small and Medium Enterprises Development Act, 2006 have also been enacted.

In spite of the challenges in implementation, in true spirit, the above are the remarkable ones in the
Indian legal provisioning of sustainable development.
It is also fact that sustainable development, to be a reality in true sense, requires domestic
institutional coordination. Such a co-ordination should be of institutions both horizontally
and vertically with a strong local focus. The Departments of Commerce, Drinking Water
Supply, Education, Home Affairs, Industrial Policy and Promotion, Land Resources and of
Women and Child Development, as well the Ministries of Agriculture, Consumer Affairs,
Food and Public Distribution, Commerce and Industry, Communication and Information
Technology, Tribal Affairs, Environmental and Forests, Earth Sciences, Home Affairs,
Health and Family Welfare, Housing and Poverty Alleviation, Human Resource
Development, Labour, Law and Justice, Power, Panchaayati Raj, New and Renewable
Energy, Rural Development, SSIs, Social Justice and Empowerment, Science and
Technology, Urban Development, and of Water Resources are the ones whose effective
coordination is required as these have different roles, at the national and state levels, to play
and responsibilities to discharge in attaining sustainable development in the country as a
whole. Apart from these, a large number of Universities (Central, State, Private and the
Deemed ones), the National Institutes (the ITIs, IIMs, CSRI, ICSSR, ICMR, ICPR, NCAER
and others) are also making regular contributions, by way of research and policy
recommendations to the government, to the thinking on sustainable development in the
country.
It is needless to say that sustainable development agenda will not be materialised without
adequate financial provisioning for the same. In this regard, between the period 1974-79 and
2007-11, the allocation of resources has increased from Rs. 394.26 billion to Rs. 36,447.18
billion. The budgeted spending on major sustainability programmes like the MGNREGS
during 2011-12 stood at as high as Rs. 40 lakh million followed by the National Rural
Health Mission (Rs. 16.14 lakh million) and the Indira Awas Yojana (Rs.8.99 lakh million).
India has also recognized that economic development without environmental conservation
can cause serious environmental damage. Accordingly, India‟s expenditure on adaption
oriented schemes has increased from 1.45 per cent of GDP in 2000-01 to 2.84 per cent in
2009-10. Also, prevention and control of population has been given due attention under the
financial provisioning of sustainable development. Nevertheless, resource crunch would
continue to bother the governments at different levels, in India, as the country is vast in area
which houses a huge population.

Sustainable Development – Achievements and Challenges

This part of the paper is on the Achievements and Challenges of sustainable development in
India with reference to the three pillars (SEE) of the latter discussed above.

Social:

India, currently, has been experiencing the process of demographic transition from high
fertility, high mortality to low fertility and low mortality rates. The average growth rate of
population declined from 2.2 to 1.9 per cent between 1994 and 2001. Also, between 1990
and 2010 the total fertility rate has come down from 3.9 to 2.8 per cent. It is heartening to
note that in India the life expectancy has increased; the infant mortality and the under-five
mortality rates have declined 12. As well, the number of underweight children below the age
of three has gone down from 53.4 per cent in 1992-93 to 45.9 per cent in 2005-06. The
Maternal Care Programme (Janani Suraksha Yojana), under the NRHM, did well reducing
the Maternal Mortality Rate (MMR) targeting 34 million women in the country by 2010. By
the year 2011, the total literacy rate in the country rose to 74.04 per cent from a mere 52.2
per cent in 1991 – a remarkable achievement in the social field13.
Economic:

The share of agriculture in GDP has reduced to 14.2 per cent in 2012-13 from 25 per cent in
2000. Still, India is the second largest producer of rice and wheat in the world. In the early
1990s, the tertiary sector has witnessed rapid growth whose share in GDP has increased
from 47 per cent in 1990 to 56.3 per cent in 2012-13, where the IT and ITeS have
contributed considerably by generating income, employment and growth14. The Economic
Survey 2010- 11 reported that MSMEs sector has grown to 26 million units which provided
employment to about 60 million persons and contributed about 08 per cent of the GDP. The
FDI increased from US$ 148.0 million in 1991-92 to US$ 18,800 million in 2009-10. The
exports, almost during the same period, have increased from 06 per cent to 12 per cent. The
employment pattern, over the years, has also increased where the share of tertiary sector
stood at 25.4 per cent (from 21.2% in 1993-14) during 2007-08; while share of agriculture
has declined to 55.9 per cent.
Environment:

In terms of percentage of total geographical area, the forest cover in India is estimated at 82
per cent. Initiatives through Joint Forest Management (JFM) and Green India Mission have been
taken to involve local communities in natural resource management in the country. India, to her
credit, has some major achievements in the area of clean energy. There has also been an increase in
the renewable grid capacity amounting to about 11 per cent of the total grid installed capacity as on
March 2011.

Thus, from the above, it is evident that, in all the three pillars of sustainable development, India has
made noticeable progress over the years. Yet, in order the development to be more inclusive and
broad based, a greater focus on social equity, green economy, and social ecology is required for a
vibrant India in the near future in the continued global competitive environment.

Sustainable Development and Indian Constitution


Sustainable development seeks to maintain a balance between the protection of environment
and developmental activities. It is a strategy which suggests the way in which developmental
activities are to be carried on. For sustainable development, the protection of environment is
essential. Initially, the constitution of India did not contain any direct provision for the
protection and improvement of environment. However the preamble of the constitution
provides that India is a socialist country. In a socialist country the state is under a duty to pay
attention to social issues. In Calcutta Youth Forum v. State of West Bengal,1 the court
emphasised that the problem of environmental degradation is a social problem and under the
constitution of India the state is obliged to take this issue with serious concern. In 1972, the
then Prime Minister of India, Mrs. Indira Gandhi made a historic representation in the
UNCHE (Stockholm Conference). In light of India’s international obligations arising from the
Stockholm Conference, the Forty-Second Amendment to the Indian Constitution in 1976
1
1986 (2) CLJ. 26.
introduced explicit provisions for the protection and improvement of environment. The
Constitution (Forty Second Amendment) Act, 1976 imposed an obligation on the state as well
as the citizen of India to protect our environment. Article 48-A was inserted as part of
Directive Principles of State policy and Article 51-A (g) was inserted under fundamental
duties. Now the state as well as the citizen is under a duty to protect and improve the
environment. So the state shall endeavour protect and improve the environment and to
safeguard the forests and wildlife of the country.2

In L.K. Koolwal v. State,3 the municipal authority under The Rajasthan Municipal Authority
Act, 1959 was charged with the primary duty to clean streets, removing of noxious substances
and vegetations and all public nuisances, remove rubbish, odour etc. But the municipality
failed to perform its primary duty. In this case Mr. Koolwal moved to the High Court under
Article 226 and highlighted that the municipality has failed to discharge its primary duty
which resulted in acute sanitation problem in Jaipur. The High Court allowed the writ petition
and held that insanitation leads to slow poisoning and adversely affect the life of citizens and
hence it falls within the purview of article 21 of the constitution. The Court directed the
municipality to remove dirt from the city within a period of 6 months.

The constitution of India also provides that every citizen of India is under a duty to protect
and improve the natural environment including forests, lakes, rivers and wildlife, and to have
compassion for living creatures.4

In T. DamodharRao v. S.O.Municipal Corporation, Hyderabad,5 the court pointed out that in


view of articles 48-A and 51A(g), it is clear that protection of environment is not only the
duty of every citizen, but it is also the obligation of the State and all other state organs
including courts.

In M.C Mehta v. Union of India,6 the Court observed that articles 39(e), 47 and 48-A by
themselves and collectively cast a duty on the state to secure the health of the people, improve
public health and protect and improve the environment.

In N.D Jayal v. Union of India,7 the Supreme Court held that sustainable development is to be
2
Article 48A.
3
AIR 1988 Raj. 2.
4
Article 51 (g).
5
AIR 1987 A.P. 171.
6
(2002) 4 SCC 356.
7
(2004) 9 SCC 362.
treated as an integral part of life under article 21of the Constitution of India. So complying
with the principle of sustainable development is a constitutional mandate. The Indian
Judiciary played a vital role in balancing the two seemingly opposite concepts; environment
and development.
Rural Litigation and Entitlement Kendra, Dehradun v. Union of India,8 was the first case
involving the issues relating to environment and ecological balance which brought into sharp
focus the conflict between development and conservation. In this case, the indiscriminate
mining in the Mussoorie hills and Dehradun belt denuded the Mussoorie hills of trees and
forest cover. It accelerated soil erosion resulting in landslides and blockage of underground
water which fed many rivers and springs in the river valley. The court appointed an expert
committee to advice the Bench on technical issues and on the basis of the report of the
committee, the Court ordered the closure of number of lime stone quarries.

In T.N Godavarmanthirumulpad v. Union of India,9 the Supreme Court banned mining


activity in Aravally hills, especially in that parts which have been regarded as forest area or
protected under Environment (Protection) Act, 1986.

Principles of Sustainable Development in Environment


Sustainable development is a balancing concept between environment and development. By
adopting the principles of sustainable development, the present generation can satisfy their
needs without affecting the availability of resources. So the well being of the generations to
come will never be in peril. In Vellore Citizens Welfare Forum v. Union of India (Tamil
Nadu Tanneries Case),10 the Supreme Court summed up the principles of sustainable
development. They are-

 Intergenerational equity

 Use and conservation of natural resources

 Environmental protection

 Precautionary principle

 Polluter pays principle

 Obligation to assist and cooperate


8
AIR 1985 SC 652.
9
(2009) 17 SCC 764.
10
(1996) 5 SCC 647.
 Eradication of poverty

 Financial assistance to developing countries

Intergenerational Equity- The natural resources are permanent assets of mankind and are not
intended to be exhausted in one generation. The principle of intergenerational equity lays emphasis
on the right of each generation of human beings to benefit from the cultural and natural inheritance
of its past generations. Intergenerational equity is the idea that future generations must have the same
access to natural resources as the present generation. The present generation inherited earth from
their ancestors, so they have an obligation to pass it on to the next generation with the same quality.
In State of Himachal Pradesh v. Ganesh Wood Products,11 the Supreme Court stated that “the present
generation has no right to imperil the safety and well being of the next generation or the generations
to come thereafter.” The Indian definition for intergenerational equity is the “concern for the
generations to come”. Principle 1 and principle 2 of Stockholm Declaration refers the principle of
intergenerational equity.

In Kinkri Devi v. State,12 a PIL was filed alleging that the unscientific and uncontrolled
quarrying of the lime stone has caused damage to the Shivalik Hills and was posing danger
to the ecology, environment and inhabitants of the area. The Himachal Pradesh High Court
pointed out that if a just balance is not struck between development and environment by
proper tapping of the natural resources, there will be violation of Articles 14,21,48-A and
51A (g). The Court went on to state that natural resources have got to be tapped for the
purpose of social development. But the tapping has to be done with care so that ecology and
environment may not be affected in any serious way. The natural resources are permanent
assets of mankind and are not intended to be exhausted in one generation. In this case, the
court issued an interim direction to the state government to set up a committee to examine
the issue of proper granting of mining lease and the necessity of granting lease keeping in
view of the protection of environment.

In K. Guruprasad Rao v. State of Karnataka,13 the Court explained the ambit and scope of
intergenerational equity and sustainable development. In this case the appellant filed a PIL
praying for the cancellation of a mining lease granted to the respondent and to stop mining
within the radius of 1km. from Jambunatheswara Temple. The Court held that sustainable
development includes preservation and protection of historical / archaeological monumental
11
AIR 1996 SC 149.
12
AIR 1988 HP 4.
13
(2013) 8 SCC 418.
wealth for future generations. Right to development includes the right to whole spectrum of
civil, cultural, economic, political and social process for the improvement of people’s well
being and realisation of their full potential.

In Court on Its Own Motion v. Union of India,14 the Supreme Court held that
intergenerational equity is a part of article 21 of the Constitution of India.

Use and Conservation of Natural Resources- The use of natural resources must be in a
sustainable manner. It does not require that the entire resources must be reserved for future
generations. But the resources required for economic growth should be exploited to the
minimum. The idea that, for the benefit of future generations, present generation should be
modest in their exploitation of natural resources which has found widespread international
approval since the Maltese Proposal at the UN General assembly of 1967. To achieve
sustainable development and a dignified of life for all people, states should reduce and
eliminate unsustainable pattern of production and consumption. Thus use and conservation
of natural resources is an essential principle of sustainable development.
Environment Protection – The concept of sustainable development can never be achieved
without protecting environment. Development is impossible without protection of
environment and vice versa. Generally the strategies for the protection of environment boost
developmental activities. In India, The Environment (Protection) Act, 1986 is enacted for
the protection of environment. To implement the decisions made at the UN Conference on
Human Environment, ensuring sustainable development etc. are some of the objectives of
Environment (Protection) Act, 1986. Since environment and development are
complimentary to each other, improvement of one is not possible without paying due
attention to the other.

In Citizen, consumer and Civic Action Group v. Union of India,15 the Court held that there
should be a proper balance between protection of environment and development activities
which are essential for progress. There can be no dispute that the society has to prosper, but
it shall not be at the expense of environment. In the like vein, the environment shall have to
be protected, but not at the cost of development of the society. Both development and
environment shall co-exist and go hand-in –hand. Therefore a balance has to be struck and
administrative action ought to proceed in accordance there with, and not de-hors the same.

14
Suo Motu Writ Petition (civil) No. 284 of 2012, (2013) 1 MLJ 639 (SC).
15
AIR 2002 Mad. 298.
The Precautionary Principle –‘Prevention is better than cure’. The protection of
environment can effectively be done by taking adequate precautions against environmental
damage. Precautionary principle gives emphasis upon the preventive aspect of
environmental protection. Precautionary principle states that any substance or activity
posing a threat to the environment is to be prevented from adversely affecting the
environment, even if there is no conclusive scientific proof of linking that particular
substance or activity to environmental damage. Here substance and activity denote
substances and activities introduced as a result of human intervention. In the context of
municipal law, precautionary principle means –

 Environmental measures by the state government and the statutory authorities must
anticipate, prevent and attack the causes of environmental degradation.
 Where there are threats of serious and irreparable damage , lack of scientific certainty
should not be used as a reason for postponing measure to prevent environmental
degradation
 The onus of proof is on the actor/ developers / industrialists to show that his action is
environmentally benign.

In short precautionary principle states that any substance or activity causing a threat to the
environment is to be prevented from adversely affecting the environment. The government
should adopt such measures which anticipate, prevent and attack the causes of
environmental degradation. If there are threats of serious and irreparable damage to the
environment, the state should adopt measures to prevent environmental degradation even
though there is no scientific certainty. The harm can be prevented even on a reasonable
suspicion. Here the burden of proof lies on the actor to show that his act is environmentally
sound.

In order to protect the environment; the precautionary approach shall be widely applied by
states according to their capabilities. Where there are threats of serious or irreversible
damage, lack of full scientific certainty shall not be used as a reason for proposing cost
effective measures to prevent environmental degradation. Precautionary principle has been
recognised in almost all international documents.

In Andhra Pradesh Pollution Control Board v. M.V Nayudu16, the Supreme Court traced the
origin of precautionary principle. The Court observed that, in initial days the concept was
16
AIR 1999 SC 812.
based on ‘assimilative capacity’ which was advanced by principle 6 of the Stockholm
Declaration of the United Nations Conference on Human Environment.

In M.C Mehta v. Union of India,17 the Supreme Court applied precautionary principle. In
this case a PIL was filed alleging that, due to the use of coal/coke by industries situated
within the Taj Trapezium Zone, there is environmental pollution and consequential
degradation of TajMahal. The Supreme Court applied precautionary principle in this case
and directed that, all industries operating in the Taj Trapezium Zone must use natural gas as
a substitute for coal/coke as industrial fuel. The industries which are not in a position to
obtain natural gas connection must stop functioning in the Taj Trapezium Zone and they
should shift their industries to other industrial area.

In Research foundation for Science, Technology and Natural Resources Policy v. Union of
India and Another18 the Supreme Court made it clear that the “Precautionary Principle”
generally describes an approach to the protection of environment or human health based on
precaution even where there is no clear evidence of harm or risk of harm from an activity or
substance. It is a part of the principle of sustainable development. It provides for taking
protection against specific environmental hazards by avoiding or reducing environmental
risks before specific harms are experienced.

Polluter Pays Principle- Polluter Pays Principle is one of the basic principles of sustainable
development. The supreme court of India interpreted precautionary principle in the case
Vellore Citizens Welfare forum v. Union of India.19 Polluter pays Principle states 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. According to this
principle, the responsibility to disprove environmental damage is upon the polluter.
What Polluter Pays Principle envisages is that there is an absolute liability for harm to the
environment. The person who is responsible for environmental pollution is liable to pay
compensation to the victims of pollution. The liability of the polluter extends to bear the cost of
restoration of environmental degradation. According to this principle, the responsibility to disprove
the environmental damage is upon the polluter. Under this principle, it is not the role of the
government to meet the costs involved in either prevention of such damage, or in carrying out
remedial action, because the effect of this would be to shift the financial burden of the pollution
incident to the tax payer.
17
(1997) 2 SCC 353.
18
(2005) 13 SCC 156.
19
AIR 1996 SC 2715.
Polluter Pays Principle has been incorporated in principle 16 of Rio Declaration which
provides that national authorities should endeavour to promote the internationalisation of
environmental costs and the use of economic instruments, taking into account 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.

In Indian Council for Enviro Legal Action v. Union of India,20 a PIL was filed alleging
environmental pollution caused by private industrial units. The industrial units located in
Bichhri in Udaipur, Rajasthan were producing certain chemicals like Oleum and H-acid
without obtaining necessary clearance. They have not installed any equipment for treatment
of highly toxic effluents discharged by them. These toxic substances percolated deep into
the bowels of the earth polluting the ground water and making it unfit for drinking by human
beings and cattle and for irrigating the land. The soil became unfit for cultivation. The
Supreme Court directed the closure of all such industries. The Court further directed the
central government to determine the amount required for carrying out remedial measures
including the removal of sludge from the sites of the industries and the same shall be paid by
the respondent industries. The villagers could claim damages for the loss suffered by them
by instituting appropriate suits. In this case the Supreme Court applied Polluter Pays
Principle.

In Research foundation for Science, Technology and Natural Resources Policy v. Union of
India and Another,21 the Supreme court elucidated that the “Polluter Pays Principle”
basically means that the producer of goods or other items should be responsible for the cost
of preventing or dealing with any pollution that the process causes. This includes
environmental cost as well as direct cost to the people or property; it also covers cost
incurred in avoiding pollution and not just those related to remedying any damage. It will
include full environmental cost and not just those which are immediately tangible. However
this principle does not mean that the polluter can pollute and pay for it. The nature and
extend of cost and the circumstances in which the principle will differ from case to case.

In Sterlite Industries (India) Ltd. v. Union of India,22 the appellant company operated the
plant without renewal of licence and failed to maintain emission and effluent standards,
which resulted in air and water pollution. In this case, the Supreme Court applied Polluter

20
(1996) 3 SCC 212.
21
(2005) 13 SCC 156.
22
(2013) 4 SCC 575.
Pays Principle. Considering the magnitude, prosperity and capacity of the company, the
court directed it to pay compensation of Rs.100 crores.

Obligation to Assist and Co-Operate-The concept of sustainable development can be


achieved only through international co-operation. Environmental pollution is a matter of
global concern. So it can be handled effectively only with the co-operation of all. Principle
9, principle 10, principle 12 and principle 27 of Rio Declaration emphasises the obligation to
assist and co-operate for achieving the goal of sustainable development.

Eradication of Poverty –we cannot achieve the goal of sustainable development without
eradication of poverty. The concept of sustainable development includes environmental
sustainability, economic sustainability and socio-political sustainability. Environment,
economy and society are the three pillars of sustainability. As these three are interdependent,
environmental sustainability can never be attained without social and economic
sustainability. Environmental and economic sustainability leads to social sustainability.
Brundtlandt Report pointed out that poverty reduces people’s capacity to use resources in a
sustainable manner. So eradication of poverty is one of the principles of sustainable
development.

Financial Assistance to Developing Countries – When compared to developed countries,


the over exploitation of natural resources is higher in developing countries. As the
developing countries are not equipped with adequate technology and financial resources to
tackle the issue of over exploitation of resources, the goal of sustainable development can be
achieved only through the transfer of technology and financial resources. Since the
developed countries are self sufficient to satisfy their financial and technological needs, they
must offer their helping hands to developing countries to uplift them to the path of
sustainable development. International co-operation is needed for achieving the concept of
sustainable development.

Goals of Sustainable Developments


The 17 Sustainable Development Goals for the period 2015-2030 are:
1. End poverty in all its forms everywhere.
2. End hunger, achieve food security and improved nutrition, and promote sustainable
agriculture.
3. Ensure healthy lives and promote well-being for all at all ages.
4. Ensure inclusive and equitable quality education and promote life-long learning
opportunities for all.
5. Achieve gender equality and empower all women and girls.
6. Ensure availability and sustainable management of water and sanitation for all.
7. Ensure access to affordable, reliable, sustainable, and modern energy for all.
8. Promote sustained, inclusive and sustainable economic growth, full and productive
employment and decent work for all.
9. Build resilient infrastructure, promote inclusive and sustainable industrialization and
foster innovation.
10. Reduce inequality within and among countries.
11. Make cities and human settlements inclusive, safe, resilient and sustainable.
12. Ensure sustainable consumption and production patterns.
13. Take urgent action to combat climate change and its impacts (in line with the United
Nations Framework Convention on Climate Change).
14. Conserve and sustainably use the oceans, seas and marine resources for sustainable
development.
15. Protect, restore and promote sustainable use of terrestrial ecosystems, sustainably
manage forests, combat desertification, and halt and reverse land degradation and halt
biodiversity loss.
16. Promote peaceful and inclusive societies for sustainable development, provide access to
justice for all and build effective, accountable and inclusive institutions at all levels.
17. Strengthen the means of implementation and revitalize the global partnership for
sustainable development.
Conclusion

The issue of sustainable development would not be a conclusive one. For every economy on
the globe, it should be a continued process; the efforts should never halt anywhere and
anytime. Only with the concerted, undivided, dedicated efforts put by every country on the
planet earth, sustainable development can be a reality in true sense. Development of human
capital, promotion of innovation, institutional and infrastructure development- all will go a
long way in making development sustainable in the present competitive globalised
environment. Let us all hope for the best to come by. Development is never adversative to
environment. Development and environment are like the two sides of a coin. They are
complimentary to each other and are not separable. Right to healthy environment and right to
development are the fundamental human rights. We cannot have development without
protecting environment and vice versa. So for enjoying the right to development and right to
healthy environment simultaneously, we need a policy which harmonises these two
contradictory concepts which brings development without jeopardising environmental
interests. Implementing the principle of Sustainable Development is the best way of
achieving development without causing adverse impact on the environment. For attaining the
goal of sustainable development, a change in attitude is required. The consumption of
resources should be proportionate to the availability. Developmental activities should be
within the carrying capacity of the ecosystem. 3R approach (reduction, recycle and reuse) is a
way to achieve sustainable development. Sustainable development is a harmonious concept
between environment and development.
Bibliography

M.P.Jain, Indian Contitutional Law, (Seventh Edition, 2016).

M.P. Singh, V.N.Shukla- Constitution of India, (Tenth Edition, 2008).

Peter Rogers, An Introduction to Sustainable Development, (First Edition, 2017).

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