CHAPTER-I

INTRODUCTION

Natural Resources are undoubtedly the backbone of our civilization. Our life is
based on natural resources. Natural Resources are in the form of materials, water and
energy, as well as the land available to us on earth which is the basis of all living beings
on our planet. We humans are also part of the nature. Without the constant use of natural
resources neither our economy nor our society could function.
Natural Resources provide fundamental life support in the form of both
consumptive goods and public services. Ecological process maintains soil productivity,
nutrient recycling, the cleansing air and water and climatic cycle. Human beings are
among the innumerable species inhabiting the earth who like other species, live by
developing a relationship with their environment comprising both living organisms and
non-living substances.1 All living organisms rely on some part of external world to
provide them with the means to carry on living-to breathe, to take nutrition and so on. All
organisms in this sense, depend on resources outside themselves, and human beings are
no exception to this rule.2 However, unlike other species the relationship between man
and nature has vastly changed over time due to the development of human consciousness
represented by science, technology, values and cultures. With the help of science and
technology human beings have transformed the resources of nature in to products
according to their value system for consumption and betterment of their well-being. We
use a wide range of external natural resources to maintain life and to preserve our
societies. Such natural resources are importantly categorized into renewable and non-
renewable resources.
Renewable resources are resources that can be replaced or renewed as they are
used. Some renewable resources are inexhaustible (for instance, solar power from the
sun). Others can be exhausted if the rate of depletion is greater than that of renewal (for
instance, forests are renewable but can be exhausted if the rate of depletion exceeds that

1
Ramprasad Sengupta, Ecology and Economics, an Approach to Sustainable Development, (Oxford
University Press, 2004), p.1-2.
2
Ramesh Prasad Mohanty, Environmental Degradation: the issues of today, “Environment and Economic
Development”, (New Delhi: APH Publishing Corporation, 1996), p.81.
 2

of replanting). Still other resources are renewable only to a point- for instance, any
particular species is technically renewable in that its members can keep breeding, but
populations can fall below a minimum level of viability, leading to extinction and the
permanent loss of the resource. In this sense, even some renewable resources can be
depleted or exhausted. The expression sustainable use is sometimes applied to the use of
renewable resources at the level that they can replenish themselves.
Non-Renewable resources are those that cannot be renewed or replaced once
used, they are gone forever. It is non-renewable natural resources that are usually being
referred to in the context of resource depletion.
The natural resources refers to all the living and non-living endowment of the
earth, but traditional usage confines to that are useful to humans. For a long time,
humankind believed that resources endowed by nature were unlimited as was the
exploitation of natural resources by human activities. Exploitation of natural resource is
an essential condition of the human existence. Throughout history, humans have
manipulated natural resources to produce the materials they needed to sustain growing
human populations. Nature provides human with all resources necessary for life: energy
for heat, electricity and mobility; wood for furniture and paper products; cotton for
clothing; construction materials for our roads and houses; food and pure water for a
healthy diet. Natural resources are an important material basis for a stable natural
economy and social development.
Human progress and development requires a rational use of natural resources,
which will seek to avoid waste, which can occur both in production and in consumption.
The purpose of development is to enable people to enjoy long, healthy and fulfilling
lives. The development should be both people-centered and conservation-based.
Otherwise it will not achieve this purpose and investment will be wasted. Development
will only succeed if it maintains the productivity, resilience and variety of the biosphere.
On other hand, conservation will provide lasting benefits only when it is integrated with
the right kinds of development. Any irrational use of natural resources will result in
environmental crisis. Hence man must ensure that in his quest for material progress, he
does not overstep the limits and he works within the limits of what has been referred to as
“Sustainable development”. By Sustainable Development we mean to say that the level
 3

of utilization of environment and natural resources should be up to that optimum level

which may not create any trouble to nature and environment in discharging the services
of waste disposal and automatic recovery of natural resources and environment. Now we
have realized that our economic activities and zest for quick development are threatening
the very survival of mankind over the earth. Our survival depends on the realization that
we have to live in harmony with the various elements of environment which are
interconnected.3
In India majority of poor live in rural areas and depend directly on natural
resources and ecological services. The dependence of poor on natural resources is more
as compared to the non-poor.4 It is blamed that poor people because of lack of access to
quality and appropriate resources, increase the emission of Co2 by two ways. Firstly, the
large scale use of biomass to generate the appropriate amount of energy for their
livelihood. Secondly, in hilly and forest areas, poor tribal practice shifting cultivation in
which large forest areas is set a fire to get agricultural land. However, most scientists
agree that all the smoke, fumes and exhaust that human activities generate could lead to
greenhouse effect or global warming. The threat comes from Co2 and other green house
gases produced mainly by industries by burning of fossil fuels5 other than these two
(poverty and industrialization), population is also blamed for this.
Over a decade ago The World Conservation Strategy,6 (WCS) stated a new
message: that conservation is not the opposite of development. It emphasized that
conservation includes both protection and the rational use of natural resources, and is
essential if people are to achieve at a life of dignity and if the welfare of present and
future generations is to be assured. It also emphasized that, humanity as a part of nature,

3
Md. Firdosh Ahmad, India’s Economic Development: Nexus Between Poverty and Environmental
Degradation”, International Journal of Scientific and Technology Research, Vol.1. Issue 5, (2012), 61.
4
Government of India (2001); Census of India
5
World Bank (2001), UNDP-report. New York
6
The World Conservation Strategy (WCS) was commissioned by the United Nations Environmental
Programme (UNEP) which together with the World Wildlife Fund (WWF) provided the financial support
for its preparation and contributed to the evolution of its basic themes and structure. WCS is prepared by
IUCN’s views and approaches it is intended that the strategy represent a consensus of policy on
conservation efforts in the context of world development. The aim of WCS is help advance the
achievement of sustainable development through the conservation of living resources. The strategy is
intended to stimulate a more focused approach to the management of living resources and to provide policy
guidance on how this can be carried out by three main organs the; government policy makers;
conservationists and development practioners, including development agencies, industry etc.,
 4

has no future unless nature and natural resources are conserved. It drew attention to the
almost limitless capacity of people both to build and destroy. It called for globally
coordinated efforts to increase human well-beings and earth’s capacity to support life.
The WCS intended to restate current thinking about conservation and development in a
way that will inform and encourage those who believe that people and nature are worth
caring about and that their future are intertwined.
Conservation is defined as the management of human use of the biosphere so that
it may yield the greatest sustainable benefit to present generations while maintaining its
potential to meet the needs and aspirations of future generations. Thus conservation is
positive, embracing preservation, maintenance, sustainable utilization, restoration, and
enhancement of the natural environment. Living resource conservation is concerned with
plants, animals and microorganisms, and with those non-living elements of the
environment on which they depend. Conservation, like development, is for people; while
development aims to achieve human goals largely through use of the biosphere,
conservation aims to achieve them by ensuring that such use can continue.
Conservation’s concern for maintenance and sustainability is a rational response to the
nature of living resources and also an ethical imperative, expressed in the belief that “we
have not inherited the earth from our parents, we have borrowed it from our children”.7
An “Unsustainable situation” occurs when natural capital (the sum total of
nature’s resources) is used up faster than it can be replenished. Sustainability requires that
human activity only uses nature’s resources at a rate at which they can be replenished
naturally. Inherently the concept of sustainable development is intertwined with the
concept of carrying capacity. Theoretically, the long-term result of environmental
degradation is the inability to sustain human life. Such degradation on a global scale
could imply extinction of humanity.
The exploitation of both renewable and non-renewable resources is increasing, as
more countries embark on industrialization and consume more resources. The pessimist
says that, our globe is running out of resources, because increasing population and rising
standards of living requires the consumption of more non-renewable. Optimist say that

7
The World Conservation Strategy, “Living Resource Conservation for Sustainable Development”,
prepared by International Union for Conservation of Nature and Natural Resources (IUCN), (1980),8.
available at http://portals.iucn.org/library/efiles/documents/WCS-004.pdf visited on 01.08.2015.
 5

the world will never lack resources, even if non-renewable resources will by definition
one day be exhausted, because humankind will discover other resources as substitute for
existing resources. The people continue to exploit these natural resources as they want to
raise their living standard. Anyhow, the existing non-renewable resources are
diminishing, and question before us is how to utilize existing natural resources more
efficiently to yield more wealth from the fewer resources, whilst awaiting the discovery
of new substitute resources.
The exploitation of natural resources is the use of natural resources for economic
growth,8 sometimes with a negative connotation of accompanying environmental
degradation. It started to emerge on an industrial scale in the 19th century as the
extraction and processing of raw materials (such as in mining, steam power, and
machinery) developed much faster than it had in preindustrial eras.9
The interrelationship between human factors and natural resources management is
complex and has remained at the center of the development debate. With the growing
population and increasing pressure on resources the arguments about ‘limits to growth’
were raised. A wide variety of environmentally relevant issues came under discussion
including: the long term damaging effects on nature of products, excessive economic
growth, tanker disasters on high seas, contamination of water, harmful chemicals; waste
discharge, the testing of nuclear weapons, population growth, wasteful consumption
pattern; and unrestricted use of world’s natural resources. Such issues provoked a new
debate on traditional international law.
A fundamental effect of over-consumption is a reduction in the planet’s carrying
capacity. Excessive unsustainable consumption will exceed the long term carrying
capacity of its environment (ecological overshoot) and subsequent resource depletion,
environmental degradation and reduced ecological health. Because the earth is
continuously changing, conservation must maintain the capacity of ecosystem and human
communities that depend on them to adopt.

8
Richard Cronin, “Natural Resources and the Development-Environment Dilemma”, Exploiting Natural
Resources. Growth, Instability, and Conflict in the Middle East and Asia, (Washing DC. Stimson Centre,
2009), p. 63.
9
Geoffrey Mc Nicols, “population and sustainability” Handbook of sustainable Development, (Edward
Elgar Publishing, 2007), p.125. Available at http://EconPapers.repec.org/RePEc:elg:eechap:1818_8 visited
on 10/05/2012.
 6

The standard of living in most developing countries was low and their economic
growth was far below needs. In the developing countries the problems of industrial
pollution and waste discharge hardly existed and natural wealth and natural resources
such as clean air and pure water were abundantly available. Their major environmental
problem resulted from lack of development. Low and unstable commodity prices resulted
in haphazard exploitation of their natural resources. Warning about world’s exhaustible
resources such as forest, minerals, petroleum etc., and the need for regulating their
exploitation to avert future crises, gave rise to conservationlist movements. The
environmental degradation, due to ruthless exploitation of natural resources for
commercial gains, became a major area of concern. However, initial concern was more
about physical environment (air, water, land pollution and impact on health etc.,) in the
early 70’s the focus shifted from ‘no-growth’ in high consumption countries to more
sustainable and environmentally sound development.10
The General Assembly decided to convene a UN Conference on the Human
Environment in 1972 in order to provide for a framework for comprehensive
consideration within the United Nations of the problems of the Human Environment. On
the eve of the UN Conference Stockholm, the General Assembly adopted a Resolution
entitled “Environment and Development”. In the Stockholm UN Conference on Human
Environment, “population of poverty” became an important issue. Is poverty the only
pollutant responsible for environmental degradation? It is acknowledged now that,
economic growth goes side by side with deteriorating conditions of work and living for
sizable section of poor, landless rural migrant, urban slum dwellers. This is so because
the growth process itself imposes new forms of deprivations, dislocations, exclusion and
alienation from the productive resource base. A Country, like India with population of
over Billion and intractable problems of poverty and unemployment, ought to make
better use of its human and natural resources like land, water and forest.

10
Kumud Sharma, National Policies for Natural Resources Management Marginalization of Poor Rural
Women, (New Delhi: Centre for Women’s Development Studies, 1989) available at http://www.
cwds.ac.in/ CPaper/ Natural ResourcesManagementKumudSharma.pdf visited on 14/08/2014.
 7

The realization of relationship between man and environment resulted into the
dictum that poverty leads to environmental degradation.11 This claim is made on the
ground that poor people directly depend on the environment, involve in overexploitation
of natural resources for their sustenance because this is the only preferred means they
know. Further their ignorance towards limitations of resources use and consequences
make them free to over exploit the natural resources and adversely affect the natural
system of environment and put a question mark over the notion of sustainable
development. But the face is not as clear as it seems. The other face of the coin states that
the growing degradation of natural resources both in quality and quantity is making a
negative impact over the poor people.12 The development pressure over the economy
brought a lot of structural changes such as increasing state control over national
resources, encroachment of customary rights of local communities to resources
unsustainable consumption pattern, choice of resources intensive technology and erosion
of local knowledge and these have led to environmental degradation and vulnerability to
widespread poverty. Because of this slowly the poorer and the marginalized section of the
society have been discarded from the very process of development. The exclusion of poor
from the development process is a cause of concern in realizing the objective of
sustainable development.13
Many Countries have reached socioeconomic development, through usage of
natural resources, even though it has not always been done in accordance to sustainable
development, overexploitation of natural resources leads to environmental degradation, a
path that is not always reversible.14
As defined by Brundtland in “Our Common Future” Sustainable development is
the “development that meets the needs of the present without compromising the ability of

11
Shyam Sunder Pd. Sharma, Chaiti Sharma Biswa, “Does Poverty Harm Environment?”, Evidence From
Indian Village”, Environmental and Sustainable Development ( New Delhi: Serials Publications, 2004),
p.586.
12
Bina Agarwal, Gender, Environment and Poverty, interlinks in Rural India: Regional Variations and
Temporal Shifts, 1971-1991. Discussion Paper Prepared for United Nations Research Institute for Social
Development. (1995).
13
Supra n.3. Md. Firdosh Ahmad, India’s Economic Development: Nexus Between Poverty and
Environmental Degradation”, International Journal of Scientific and Technology Research, Vol.1. Issue 5,
(2012),p. 61
14
Arun Jayathilaka, “Development as a two edged sword a case study of Norway and Ghana”, International
Research Journal of Social Sciences, Vo1-4 (1) (2015),p. 86 available at: www.isca.in.www.isca.me
visited on 24/04/2015.
 8

future generations to meet their needs”.15 Several countries have achieved socioeconomic
development without meeting these demands. There are several interpretations of the
concept sustainable development, but common principles are; the importance of
including the future and seeing development as a holistic concept, including three
dimensions of capital; economic, social and natural.16
Since the unsustainable patterns of production and consumption in the
industrialized society and over exploitation of natural resource by developing countries
have led to environmental degradation and the Governments of the different countries
made a commitment to foster sustainable development at the Earth Summit of 1992 in
Reo de Janeiro. Agenda 21 of the Summit addresses these issues in detail and identifies
the action items for sustainable development. One of the issues which is addressed in the
Agenda is the conservation and management of natural resources for development. It
could be achieved by planning and management of land resources, combating
deforestation and conservation of biodiversity, combating desertification and drought,
protection of the quality and supply of fresh water, protection of the oceans and coastal
areas, rational use and development of their living resources, and protection of the
atmosphere from pollution.17 Desertification is the encroachment of the desert on land
what was once fertile. The combination of extremely high deforestation rates, increased
temperatures and decreasing rainfall are all contributing to the desertification of the
country. It is obvious that the environmental degradation process unless detected early
and action taken to arrest or mitigate may lead to further deterioration and may affect
sustainable development efforts which is key concern in Agenda 21.18
India, being vastly agriculture oriented, historically has had policies in various
phases for the development of agriculture with the expectation that development of
agriculture would lead to overall development of the nation and help eradication of

15
Our Common Future, World Commission on Environment and Development, (Oxford; New York:
Oxford University Press, 1987). Available at http://www.worldcat.org/title/our-common-future/oclc
/1548926 visited on 02/10/2014.
16
Minj Hemant Prakash, “Role of Knowledge and Information in promoting Sustainable Development”,
International Research Journal of Social Sciences, Vol. 2 (2), (2013), p.52. Available at: http://www.isca.in
/IJSS/Archive/v2i2/9.ISCA-IRJSS-2012-17.pdf visited on 12/08/2012.
17
Supra n. 3.
18
D.P. Rao, “Role of Remote sensing and Geographic Information System in Sustainable Development”,
International Archives of Photogrammetry and Remote Sensing, Vol-XXXIII, part B7, Amesterdam
(2000), 1231.
 9

poverty. In India it is felt that, exploitation, mis-management and neglect can ruin the
fragile natural resources and become a threat to human survival. The deterioration of
erstwhile forest ecosystem of Cherapunji, Meghalaya state of North-eastern India is an
example of the devastating effects of overexploitation of natural resources.
National Environment Policy (2006) is one of the chief drafts concerning
environmental policy of India. It encourages imposing of more stringent local level water
and air quality standards for receptors. The objective of the National environment policy
includes: Conservation of critical environmental resources, Intra-generational equity,
Livelihood security for the poor, Intergenerational equity, Integration of environmental
concerns in economic and social development, Efficiency in environmental resources use,
Enhancement of resources for environmental conservation.
Unfortunately, it is contested that the objective of intergenerational equity and
livelihood security for the poor and conservation of critical environmental resources
cannot coexist with principles that are highly homocentric and seek “economic
efficiency”. Some even conceive that the National Environment Policy (NEP) 2006 has
strangely made itself more meaningful to the industrial sector, attempting to protect it
instead of the environment.

1.1 Problem
One of the most sensitive questions posed by the World’s natural resource context
is “How long and under what conditions can human life continues on earth with finite
stocks of in situ resources, renewable but destructible resource populations, and limited
environmental systems?19 Some facts are quite clear: first, that some currently vital
resource stocks are finite; that rate of consumption of these stocks have accelerated in
recent decades; and that environmental capacities are being seriously exceeded. To be
more specific about this question, when use of a resource grows at 5% per year, the rate
of use will double in fourteen years. Second, if currently known reserves are 100 times
current annual use, such reserves will be exhausted in thirty-six years. Third, even if a

19
S.B. Suslick and I.F. Machado, “Non-Renewable Resources”, Earth System: History and Natural
Variability-Vol.I,(2000), p.3. Available at http://www.eolss.net/sample-chapters/c12/E1-01-02-11.pdf
visited on 10/08/2012.
 10

huge discovery doubled reserves to 200 times current use, the reserves would last for
only forty-eight years.20
With the growing economic divide between the developing and the developed
world, a situation has arisen where a small section of the global population of a few
developed nations have a hold over the global natural resource base supporting over-
consumption and the process has marginalized a substantial section of the human
population living in the developing world.21 India with its intense population pressure is
one of the worse affected. It is in this context that we need to look at three interconnected
issues, namely, increasing population pressure, placed in the context of ‘global change’,
an ecological phenomenon and ‘globalization’, an economic phenomenon,22 have to be
viewed. Developing countries are the main actors in overexploitation of natural
resources, and are neglecting environmental degradation or overexploiting natural
resources happen at certain stages of economic development. The lack of capital and of
knowledge, which renders countries incapable of properly managing the exploitation of
natural resources, institutional weakness is also an important factor that leads to the
overexploitation of natural resources.
Most of the natural resources due to their over exploitation by developing
countries have led to ecological imbalance. Only by suffering from serious environmental
consequences the industrialized countries realized that, the development should be kept in
harmony with the environment. Only then the importance of environmental protection
became major topic of debate in developed countries and green movements become a
non-negligible political force in many developed countries. however, in many developing
countries, environmental protection is far from being a significant popular concern, even
though environmental degradation goes hand in hand with overexploitation of natural
resources. Thus the question will arise as to why the developing countries not learn from
the experiences of developed countries and to chose other way of development that
avoids environmental degradation? The developing countries do not have the capital, the
skilled labour, or the techniques to develop efficient manufacturing sectors, to support

20
Ibid
21
P.S. Ramakrishnan, “Increasing Population and Declining Biological Resources in the Context of Global
Change and Globalisation”, New Delhi, Vol-26, No.4, (2001), p.465. Available at http://repository.ias
.ac.in/56692/1/2_PUB.pdf visited on 06/10/12.
22
Ibid
 11

this sector, the developing countries are often forced to resort to exporting more natural
resources to obtain the necessary hard currency to import the manufacturing equipment
and spare parts needed in production. Thus paradoxically the pressure to exploit natural
resources was increasing as these countries tried to develop their own industries and
become less dependent on the export of natural resources. This paradoxical situation
worsened when some developing countries wanted to rush to produce more expensive
raw materials for international markets to gain more revenue instead of better managing
the exploitation of their traditional resources. This situation typified some of the
problems of natural resource overexploitation in developing countries. Overexploitation
of natural resources, even destruction of environment, often occurs in the name of
development.23
During the 20th century, energy consumption rapidly increased. Today, about 80%
of the world’s energy consumption is sustained by the extraction of fossil fuels, which
consists of oil, coal and gas.24 Another non-renewable resource that is exploited by
humans are Subsoil minerals such as precious metals that are mainly used in the
production of industrial commodities. As the world population rises and economic
growth occurs, the depletion of natural resources influenced by the unsustainable
extraction of raw materials becomes an increasing concern.25 The unsustainable
exploitation of natural resources is causing an increasing concern, which ultimately
threatens the human existence.
The recent, rapid and environmentally unsustainable pace of natural resource
depletion in the Middle East, South Asia, and Southeast Asia is one of the most visible
consequences of globalization. The exploitation of natural resources is a key factor in
economic growth and development, but one that can have serious negative environmental
and socioeconomic impacts. These include the destruction and degradation of old growth
forests, the depletion and pollution of water resources, the decimation of fisheries, and

23
Yifan Ding, “Impact of Affluence and Overexploitation of Natural Resources”, Environment and
Development, Vol.I. Available at http://www.eolss.net/Sample-Chapters/C13/E4-25-04-03.pdf visited on
02/05/12.
24
Florent Planas, “The Exploitation of Natural Resources”, Un An Pour La Planet , (2012). Available at
www.ijser.org/researchpaper%5CEffects-of-Natural-Resources-Utilizatio visited on 08/6/12.
25
Geoffrey Mc Nicoll, “Population and Sustainability”, Handbook of Sustainable Development, Edward
Elgar Publications, (2007), pp.125-139. Available at http://econpapers.repec org/bookchap/elgeechap
/1818_5f8.htm visited on 10/08/13.
 12

the despoliation of land in order to extract mineral resources.26 In addition to the

localized negative impact on livelihoods and human security, the environmentally
unsustainable exploitation of natural resources can have significant transboundary
impacts that pose threats to regional peace and stability. Over exploitation of natural
resources by growing population resulted in various severe problems. Destruction of
vegetation has resulted in land degradation, denudation, soil erosion, landslides, floods,
drought and unbalanced ecosystems. A balanced ecosystem is an urgent need. Natural
resources (land, water, biodiversity and genetic resources, biomass resources, forests,
livestock and fisheries)- the very foundation of human survival, progress and prosperity,
have been degrading fast, and the unprecedented pace of their erosion is one of the root
causes of the agrarian crisis that some countries are facing including India. The
demographic and socio economic pressures notwithstanding, the unmindful agricultural
intensification, over use of marginal lands, imbalanced use of fertilizers, organic matter
depletion and deteriorating soil health, extensive diversion of prime agricultural lands to
non agricultural uses, misuse and inefficient use of irrigation water, depleting aquifers,
salination of fertile lands and water logging, deforestation, biodiversity loss and genetic
erosion, and climate change are the main underlying causes.
Many of the problems that threaten mankind’s survival on the planet result from
the increased consumption of energy, water and raw materials, the increased production
of waste and emissions and the increased human use of land area. The environmental
consequences of this over-demand are already clear. Climate change is the most
important environmental problem linked to our natural resource use. Global ecosystems
and the ecological services they provide are being degraded: fresh water reserves and
forests are shrinking, many species are under threat of extinction and fertile land is being
eroded.27 At the same time, the extraction of many non-renewable resources is already
reaching or nearing a peak.28

26
Supra n.8.
27
Global Environmental Outlook Geo 4, Environment for Development, United Nations Environment Programme,
(2007). Available at http://www.unep.org/geo/geo4/report/geo-4_report_full_en.pdf visited on 08/12/2012.
28
Richard Heinberg, “Peak Everything: Waking Up to the Century of Declines”, (Canada: New Society
Publishers, 2007) Available at http://library.uniteddiversity.coop/Energy/Peak_Oil/Peak_Everything-
Waking_Up_to_the_Century_of_Declines.pdf visited on 02/10/2012.
 13

Over-exploitation of natural resources by growing population resulted in various

severe problems. Destruction of vegetation has resulted in land degradation, denudation,
soil erosion, landslides, floods, -drought and unbalanced ecosystems. During the ancient
period Garhwal Himalaya was full of dense forest and lush green vegetation. The
Himalaya is the perennial source of water for rivers, streams and reservoirs.
Undoubtedly, nature takes care of is resources through natural process over a period of
time and maintains them. But ever-increasing population, developmental activities and
technological modernization have over-exploited available resources without taking into
consideration the damage and consequences for coming generations. Vegetation plays an
important role in protecting land and water. These resources are being depleted at an
alarming rate because of human intervention Degradation and destruction of forest cover
in the Himalaya is directly responsible for the denudation of watersheds. In the absence
of vegetative ground cover, during the monsoon rainwater comes down to the plains
unchecked. The downward rush of water has tremendous erosive force and moves
millions of tones of fertile soil during the rainy season. It causes all types of erosion as
well as devastating landsliders in the Himalaya. Destruction of mangrove forests had led
severe damages of Sundarban islands during cyclone ‘Aila’ in 2009 and huge losses and
damages in Myanmar during cyclone ‘Nargis’ during 2008. During Orissa Super Cyclone
in the year 2000, sea water entered into 150 K.m. inland as the mangrove forests were
destroyed for shrimp cultivation.29
The problem that India faces is its unlimited development aspiration and its
limited natural resources. This has given rise to a conflict between the State committed to
development in the name of “the greater common good” with catastrophic effects on the
rural population mainly the marginalized, poor, women, tribes and peasants. The current
ecology movements have emerged as the people’s response to this new threat to their
survival and as a demand for the ecological conservation of their vital life-support
systems. The life-support systems in addition to clean air are common property resources
of water, forests and land on which the majority of the people of India depend for
survival. The human activists oppose the development projects involving huge and long
term exploitation as activities which most benefit the educated minority. The elite is the

29
http://www.atiwb.nic.in/index_htm_files/Natural_Resources_Management.pdf visited on 20-08-2012.
 14

main beneficiary while the large rural and forest population surviving on nature feel
neglected. Thus, the diversion of resources from sustenance needs to the demands of the
market generate conflicts between commercial interest and people’s survival. Conflicts
on natural resources are thereof conflicts over rights. Development with growth of
international-trade-community indirectly allows global market domination. Such
development creates needs for international aid and foreign debt which provide capital
for such development. The conflicts between development plans of the State requiring
exploitation of nature and the people dependent for their survival on nature, have given
rise to demands for protecting nature and the need to strengthen people’s collective rights
to common natural resources.
There is the need to find suitable strategies to combat depletion of natural
resources and to adopt suitable normative and institutional framework for conservation of
natural resources.
1.2 Objectives of the Study
The primary object of the study is to find out suitable legal and policy framework
that is necessary to conserve natural resources and to attain desired level of sustainable
development, so that there will be an acceptable level of both economic development and
environmental protection is established in India.
It is believed that, the attainment of the above objective it is necessary look into
the following,
First, the study begins with an analysis of importance of natural resources and the
relationship between natural resources and human wellbeing.
Second, an attempt is made to classify natural resources on different based and the
method of their exploitation for the purpose of producing consumptive goods and
services.
Third, the exploitation of natural resources for the purpose of economic
development leading to ever increasing human consumption and the resulting depletion
of resource base is analysed.
Fourth, the study concentrates upon the analysis of harmful consequences of over
exploitation of natural resources. This is with particular reference to environmental
degradation and its effect on human health and wellbeing.
 15

Fifth, an analysis is attempted to highlight the need for conservation of natural

resources. Accordingly, an attempt is made to analyse various principles evolved at
international level. Particularly those developed under world conservation strategy.
Further, an attempt has been made to analyse policy framework developed at
International leve.
Sixth, one of the purposes of study is to make an incisive analysis of the
development of strategies for the conservation of natural resources in India, over a period
of time. i.e, ancient, medieval and the present
Seventh, after the commencement of the Constitution certain principles and
policies were developed to conserve the natural resources and the study attempts to
evaluate constitutional developments forming the basis of current legal framework for the
conservation of natural resources.
Eight, the study for the purpose of analyzing, appreciating and understanding the
current legal framework chooses to analyse and evaluate in detail the existing laws
relating to conservation of natural resources such as wildlife, water, forest and the
minerals.
Ninth, the study tries to highlight the major deficiencies in the existing legal
framework leading to enhanced judicial role in protection and conservation of natural
resources.
Tenth, the study also makes a brief analysis of the role of several institutions set
up at national and international level for ensuring sustainable use of natural resources.
Eleventh, one of the important aspects of the study is to analyse and appreciate
the crating role of the Supreme Court in protection and conservation of natural resources.
Last, the ultimate objective of the study is to suggest certain policy alternatives by
evaluating normative and institutional framework existing in India.
1.3 Hypothesis
The study makes an attempt to verify the primary hypothesis that the existing
normative or legal and institutional framework for the conservation of natural resources is
not effective in maintaining balance between economic development and sustainable use
of natural resources, so that the conflict between environment and development properly
reconciled in India.
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The testing of this hypothesis naturally leads to the verification of following sub-
hypothesis,
First, the existing strategies of conservation of natural resources are directed
towards economic development and poverty alleviation than the conservation of natural
resources for the posterity.
Second, the almost failure of democratic institutions to enforce environmental
standards relating to conservation paved the way for the judicial activism.
Third, it is the judiciary that is largely responsible for laying down norms and
enforcing them.
Fourth, effective conservation strategies involves active co-operation of the
democratic institutions i.e. the government, the Judiciary and the Non-Governmental
Organisations in protecting and conserving natural resources so that the future
generations will not be effected by lack of life sustaining resources.
1.4 Methodology
The study is essentially doctrinal in nature and involves examination of various
concepts, principles, norms and rules, and their enforcement to ensure sustainable use of
natural resources in the country. The primary sources of information for the analysis of
legal and institutional framework are the statutes enacted by the legislatures in India,
Judicial decisions of the Supreme Court of India and High Courts in India and abroad,
International Conventions, Declarations, charters, agendas and the like. The study makes
use of secondary sources such as books, articles, journals and reports to verify the
hypothesis. Several websites and e-journals are also accessed to make the study more
appropriate and relevant. Even though study is doctrinal relevant secondary empirical
data have been extensively used to analyse and appreciate the concepts underlying legal
and Institutional framework for conservation of natural resources.
1.5 Importance
The study appears to be of contemporary relevance as the depletion of natural
resources has adversely affected the life of large section of humankind in the world and
also the flora and fauna. Therefore, it is believed that the study is going to be useful for
the lawyers, academicians, students, members of NGOs, government officials, judges and
 17

policy makers. It is also useful for the general public as the conservation of natural
resources is absolutely necessary for human survival.
1.6 Scheme of the study and its presentation
The investigation in to the problem pertaining to law and policy relating to
conservation of natural resources in India, is presented in the form of this report
containing ten chapters including the first chapter “Introduction” and last chapter
“Conclusions and Suggestions”.
1.6.1 The first chapter while introducing the topic of the study makes an analysis of the
problem under investigation. The chapter also elucidates the objectives of the study, its
importance, and the methodology adopted. It also briefly states the scheme of the
presentation of the study.
1,6.2 The second chapter “Natural Resources and Economic Development”, makes an
attempt to analyse the scope and content of the concept of Natural Resources and its
relationship with economic development and human welfare. There is also an attempt to
discuss the classification of Natural Resources and its exploitation for human
consumption. It is also pointed out in the chapter that, there are two ways of exploiting
natural resources either by private ownership or by public ownership. It is argued in the
chapter that, the public regulation of private ownership of natural resources is crucial for
conservation of natural resources. However, in recent times, in pursuance of the policy of
globalization importance is attached to private ownership and exploitation. An argument
is presentation the chapter that, the excessive importance to private ownership leads to
environmental degradation.
1.6.3 The primary reason for exploitation of natural resources is to promote economic
development and human welfare. However, economic development should not result in
depletion of natural resources. Therefore, the third chapter entitled “Economic
Development and Depletion of Natural Resources” deals with consequences of
overexploitation of natural resources and the consequences of depletion of natural
resources. The chapter also highlights the cause and effect of overexploitation and
various hazards such as, health hazards, environmental degradation associated with
overexploitation of natural resources to satisfy the greed and not the needs of human
beings. Further, it is argued that, the most important cause of depletion of natural
 18

resources is the greed of a section of the world population than the needs. This leads to
the need for conservation of natural resources for the benefit of the future generations.
This can be ensured only through proper methods of conservation of natural resources
and methods for conservation of natural resources.
1.6.4 The chapter four entitled “Conservation of Natural Resources: Principles of
Law” discusses the evolution of the principles for the conservation of natural resources at
international level, because of the new found awareness that overexploitation of natural
resources may lead to extinction of human race on the earth and therefore there is an
urgency in devising principles by virtue of which a conducive environment is created
wherein the interests of the needs of the present generation harmonized with that of future
generation so that, the present generation will not be cursed by the future generation. For
this purpose certain principles such as sovereignty over natural resources, public trust
doctrine, and intergenerational equity and some others have been developed and they are
analyzed and appreciated. It has been argued in the chapter that, in the recent times, some
economically developed countries are taking advantage of these principles to adversely
affect the legitimate interest of the developing countries. Therefore, there is an attempt to
show that the principles are not actually promoting the legitimate interests of the
developing countries, but they promote the interest of the developed countries.
1.6.5 The chapter “The Development of Normative Framework of Law Relating to
Protection and Conservation of Natural Resources in India”, deals with the evolution
of law relating to environmental protection and conservation of natural resources since
the Vedic age. It has been argued that, there were rules in ancient India to protect and
conserve natural resources, and the existence of such norms can be established through
the prevalence of customs even today, relating to conservation of forests. The chapter
makes an analysis of various principles and methods employed in ancient, medieval and
modern India history for the conservation of natural resources. Further, an attempt has
been made to highlight the provisions of Indian Constitution relating to the Conservation
of natural resources particularly with reference to certain amendments introduced after
Stockholm Declaration of 1972. It has been argued in the chapter that, the constitutional
developments in India is in confirmative with the international development in relation to
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International Strategy of Conservation of natural resources namely, the Intergenerational

equity.
1.6.6 “Legal Framework of Protection and Conservation of Natural Resources: The
case of Forest, Wildlife, Water, and Minerals”, the sixth chapter makes an attempt to
discuss briefly the existing legal Rules and Principles relating to Conservation of above
Resources. These four natural resources appear to be depleting and the depletion is
threatening the very existence of life on earth. The study however, has not taken into
consideration other resources such as land and other natural resources for the purpose of
making the study manageable. However, the chapter concentrates on basic principles and
their evaluation rather than a detailed survey of various rules and principles concerning
conservation of those natural resources. The thrust of the study is intergenerational
equity, i.e., to conserve the natural resources to the future generation. It has been argued
in the chapter that, the overexploitation of natural resources in the name of economic
development lead to total depletion of natural resources that are required for human
survival.
1.6.7 The chapter seven, “Institutional Framework at National and International
Level”, makes an analysis of public policy making and implementation relating to
conservation strategy at both International and National level. The chapter concentrates
on Role of International Institutions in evolving strategies and their implementation at
national level. The chapter also briefly concentrates on the Role of various institutions
established at national level, such as Pollution Control Board and the like. Further, there
is a brief discussion of the role of non-governmental organizations, in this regard.
1.6.8 It has been observed that, in recent years, the Supreme Court of India has taken
leading role in conservation of natural resources and environmental protection. Therefore
the chapter eight “The Role of Supreme Court of India in Conservation of Natural
Resources”, makes an attempt to discuss the role of the Supreme Court and other Courts
in India and the newly constituted “Green Bench”.
1.6.9 The most important aspect of the study is the attempt to evaluate the role of norms
and institutions relating to conservation and the ninth chapter “Normative and
Institutional Framework: An Evaluation”, makes an attempt to do the same. The
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evaluation is carried out primarily with reference to the standards institutionalized at

International Level and those incorporated in to Indian legal system.
1.6.10 The last chapter “Conclusions and Suggestions” incorporates certain definite
conclusions drawn from the detailed discussions made in the earlier chapters. The study
makes an attempt to establish that the existing Indian normative and institutional
framework is more concerned with economic development in the name of poverty
elevation rather than promoting intergenerational equity. The last part of the study makes
certain suggestions to ensure sustainable use of natural resources inconformity with the
principle of intergenerational equity.