SUSTAINABLE DEVELOPMENT OF ENVIRONMENT AND INDIAN ENVIRONMENTAL LAW

Abstract

Advancement has become a core element of the social structure that people have framed over
thousands of years. But, conciliation of development with preservation has been one of the most
gruesome challenges faced by humanity. Sustainable development, a multidimensional concept,
aims at embedding the protection of environment into the process of industrialization. The
depletion of natural sources, industrialization, and urbanization, development of science and
technology and also tremendous growth of population are a major threat to human survival and
ecology, which is common heritage for everyone. The author, in this paper, aims to study the
growth of the concept of sustainable development, its impact on national and international
Environmental Law, and the role of Legislations in shaping the future of sustainable ecological
development.

Introduction-

Mental, physical, and technological advancement of the human society is a natural effect of
evolution. Our consumption patterns, thinking ability, social needs, and growth processes
undergo a massive overhaul as society progresses. In order to adapt with the continuously
changing circumstances that surrounded our everyday life, being dynamic became a crucial part
of our civilization and continuous development seemed like a necessity, but development brings
with it a ceaseless usage of resources which are limited in nature. Over exploitation of limited
natural resources over a long period of time by people in order to ‘sustain’ development has led
to the current predicament where the availability of resources falls far below the actual
requirements of countries for growth and development.

A country develops when it wants to advance economically and socially. The development of the
country depends largely on the major industries that actually form the backbone of the country.
The indiscriminate use of natural resources to attain such development leads to degradation of
the environment and decrease in the level of resources required for maintaining a decent standard
of living for everyone who has a right over them. “The estimated level of resources and
ecosystem services required to support human activities at their current rate equals 1.7 Earths,
fast moving to 2 Earths by 2030.” 1In India’s context, the unique challenge is the prerequisite to
lift millions of people out of poverty and at the same time ensure that the natural resources
required to sustain development are not depleted. The future lies in development trajectories that
are not as resource intensive.” 2 The ultimate question which unfolds itself through a thorough
analysis of the current situation around the world is the exigency of balancing societal needs with
evolutionary demands.

Sustainability in the ecological context refers to the ability of an ecosystem to maintain

ecological process, their functions, biodiversity and productivity for a long time. 3 Sustainability
essentially refers to the ability to sustain a certain state for a considerable period of time and the
concept of environment sustainability discusses the notion of improving the quality of human life
while living within the carrying capacity of supporting eco-systems. It talks about balancing the
needs of human beings with efficient and effective utilisation of natural resources which doesn’t
lead to degradation of the environment. Article 21 of the Constitution 4 guarantees to every
person the Right to live in a healthy environment5, but economic and socio/cultural development
is also imperative for individuals as well as countries, with sustainable development being the
answer.

Sustainable development: Evolution-

The idea of sustainable development gained global recognition through the Maltese proposal UN
General Assembly, in 1967 and was further debated upon in the United Nations Conference on
Human Environment held at Stockholm, which was essentially the curvature point for growth of

1
India needs 2.5 countries’ resources to meet its demands, DOWN TO EARTH (Jul. 31, 2018, 8:34 AM),
https://www.downtoearth.org.in/news/environment/india-needs-2-5-countries-resources-to-meet-its-demands-61278
2
Id.
3
PRATIBHA SINGH; ANOOP SINGH; PIYUSHMALAVIYA, TEXT BOOK OF ENVIRONMENT AND
ECOLOGY 50 (1 ed. ACME Learning Pvt. Ltd. 2009).
4
No person shall be deprived of his life or personal liberty except according to the procedure established by law,
INDIAN CONST. art. 21.
5
Environment includes water, air, land and the inter-relationship which exists among and between water, air, land,
human beings, other living creatures, plants, micro-organisms and property, The Environment (Protection) Act,
1986, §. 2.
sustainable development as an ideal solution for the overwhelming problem of resource
exhaustion and environmental degradation. The concept was given a proper definition in 1987, in
the Brundtland Commissions’ ‘Our Common Future’ report, where it was termed as
development that meets the needs of the present without compromising the ability of the future
generations to meet their own needs.6 Following this report, in 1992, the UNCED (United
Nations Conference on Environment and Development) was held in Rio de Janeiro, where
around 150 governments participated to hold discussions over developing a sustainable path for
future development. One of the most significant successes of this summit was the signing of the
United Nations Framework Convention on Climate Change and The United Nations Convention
on Biological Diversity. Another summit, held as a follow up to the one in 1992, in Rio,
reaffirmed the principles debated 20 years ago, as regards the action plans w.r.t. sustainable
development and creation of a green economy.

Environment Laws in India-

The want for safety and protection of the environment has always been a crucial part of India’s
Constitutional framework. Article 51A of the Constitution of India imposes a responsibility upon
the Citizens of India to protect and improve the natural environment including forests, lakes,
rivers and wildlife, and to have compassion for living creatures. 7 Further, Article 48A of the
Constitution (Directive Principles) puts a duty upon the state to protect and improve the
environment as well as the forests and wildlife of the country.8

Over the years, environmental protection has been taken more seriously in India, with a number
of legislations being introduced to conserve the resources that occur naturally. After the 1972
conference in Stockholm, the Indian Government set up the National Council for Environmental
Policy and Planning (NCEPP) as a regulatory body to help come up with effective ways of
protection of the Environment.9 Over the years, with the concerns over environmental protection
increasing, the council was slowly morphed into the Ministry of Environment and Forests, which
currently acts as the main administrative body with responsibility of coming up with legislations
6
BRUNDTLAND COMMISSION, REPORT OF THE WORLD COMMISSION ON ENVIRONMENT
AND DEVELOPMENT: OUR COMMON FUTURE (United Nations 1987).
7
INDIAN CONST. art 51A.
8
INDIAN CONST. art 48A.
9
Tanay Akash, Evolution of Environment Law and Policies in India, LEGAL DESIRE (Jan. 7, 2019, 12:57 PM),
https://legaldesire.com/evolution-of-environmental-law-and-policies-in-india/.
and regulations to protect the environment. The Council (now the ministry) has come up with
legislations over the years, to safeguard the environment-

1. The Water (Prevention and Control of Pollution) Act, 197410-

Water is probably the most important resource for humans after air, as it is needed to
carry out a multiplicity of tasks on a daily basis. About 80% of water in India is polluted
because people dump raw sewage, silt, and garbage into the country’s river and lakes. 11
The ‘Water Act’ was a response from the government to the increasing levels of water
pollution in the country’s reservoirs. The step was necessary to monitor and reduce the
influx of pollutants in water bodies and restore the health of water bodies in the country.
The creation of bodies (Central Pollution Control Board at the Centre and State Pollution
Control boards at the state level) to stop such water pollution and carry out the above
mentioned purpose has been a key feature of the Water act. While setting standards for
control of pollution, it also lays down penalties to prohibit discharge of pollutants in the
water resources.
2. The Water (Prevention and Control of Pollution) Cess Act, 197712-
Enacted in 1977, the major purpose of the Act was to levy a tax from those persons who
are consuming water resources on a daily basis for industrial purposes.
3. The Air (Prevention and Control of Pollution) Act, 198113-
Following the footsteps of the Water Act, the (Prevention and Control of Pollution) Act
was an initiative to reduce the levels of air pollution in the country by reducing and
monitoring the quantity of pollutants released in the air. Similar to the Water Act, the Air
Act established Boards at the Centre and State Levels, and also established ambient air
quality standards to help counter problems associated with air pollution.
4. The Environment Protection Act, 198614-
The environment Protection act, as the name states, was enacted to safeguard the
environment against human threats. The ‘Environment Act’ establishes the framework

10
The Water (Prevention and Control of Pollution) Act, 1974.
11
Anna Sharudenko, How water pollution in India kills millions? BORDEN MAGAZINE (Jul. 14, 2021, 12:05
AM), https://www.borgenmagazine.com/water-pollution-in-india/https://www.borgenmagazine.com/water-
pollution-in-india/.
12
The Water (Prevention and Control of Pollution) Cess Act, 1977.
13
The Air (Prevention and Control of Pollution) Act, 1981.
14
The Environment Protection Act, 1986.
 for studying, making plans and imposing long-time period necessities of environmental
protection and laying down a gadget of rapid and necessary reactions to conditions
threatening the all aspects of our environment. One reason for enacting the Act was to
help unify the authorities created through the Air Act and the Water Act, to create a
single coordinated system of environment protection throughout the country.
The Environment act has essentially expanded the horizon of environmental protection
by defining environment in a broad manner. s. 2(a) of the act defines Environment as-
“environment" includes water, air and land and the inter- relationship which exists
among and between water, air and land, and human beings, other living creatures,
plants, micro-organism and property.15
Under the Environment Act, the Central Government is empowered to take measures
important to guard and enhance the high-satisfactory of surroundings via way of means
of placing requirements for emissions and discharges of pollutants withinside the
envrionment via means of any individual sporting on an enterprise or activity; regulating
the area of industries; control of risky wastes, and safety of public fitness and welfare.
The act also lays down strict punishments for non-compliance with the provisions of the
Act.
5. The National Green Tribunal Act, 201016-
The NGT Act was a step towards creation of a special tribunal that dealt with cases
concerning the Environment to put environment protection on a pedestal and help resolve
such disputes expeditiously. Setting up of the NGT has been a successful step towards
bringing environmental dispute resolution under the wider ambit of environment
protection.

Concept of Sustainable Development in India-

15
The Environment Protection Act, 1986, § 2.
16
The National Green Tribunal Act, 2010.
India is a developing country, with a growing population and limited resources, which has
created a big gap as to the distribution of resources in the country, and not only that, the
extensive utilisation of these resources has led to a number of environmental issues arising in the
country. The degrading air quality index,17 rampant environmental degradation,18 loss of
biodiversity,19 urbabization in the Himalayas,20 lack of waste management,21 and growing water
scarcity22 goes to show the exigency of following a sustainable path of development.
After the Brundlandt Report gave a definite shape to the concept of sustainable development, it
became much easier to identify the basics of the idea so that countries could build a system to
ensure and maintain a balance between environment and development. In Vellore Citizens
Welfare forum v. Union of India,23 the Supreme Court of India laid down the principles of
sustainable Development-

 Intergenerational equity
 Use and conservation of natural resources
 Environmental protection
 Precautionary principle
 Polluter pays principle
 Obligation to assist and cooperate
 Eradication of poverty
 Financial assistance to developing countries

17
Air pollution could cut life expectancy by 9 years in North India, in Maharashtra, M.P. by 2.5 years, THE HINDU
(Sep. 1, 2021, 12:15 PM), https://www.thehindu.com/news/national/air-pollution-could-cut-life-expectancy-by-9-
years-in-north-india-in-maharashtra-mp-by-additional-25-years-study/article36219128.ece.
18
M. Rambabu, Environmental Degradation in India: Causes and Effects, 3 INTERNATIONAL JOURNAL OF
ENGINEERING SCIENCE INVENTION 6, (2018).
19
Bulbul Dhawan, India has lost 90% of area underfour biodiversity hotspots, 25 species extinct, finds study,
FINANCIAL EXPRESS (Jun. 8, 2021, 6:40 PM), https://www.financialexpress.com/lifestyle/science/biodiversity-
loss-india-has-lost-90-of-area-under-four-biodiversity-hotspots-25-species-extinct-finds-study/2267618/.
20
Rajat Ghai, Water Crisis in the Himalayas: Story of urbanization at the cost of environment, DOWN TO EARTH
(May 29, 2018, 11:02 AM), https://www.downtoearth.org.in/news/water/fragile-blue-mountains-60555.
21
Samar Lahiry, India’s Challenges in Waste Management, DOWN TO EARTH (Jan. 9, 2017, 11:04 AM),
https://www.downtoearth.org.in/blog/waste/india-s-challenges-in-waste-management-56753.
22
Manas Ranjan Hota, India’s water crisis: Is there a solution?, FINANCIAL EXPRESS (Sept. 23, 2020, 1:52 PM),
https://www.financialexpress.com/lifestyle/science/indias-water-crisis-is-there-a-solution/2089860/.
23
(1996) 5 SCC 647.
Building upon these principles, in the case of State of Himachal Pradesh v. Ganesh Wood
Products24, the Supreme Court held that “the present generation has no right to imperil the
safety and well-being of the next generation or the generations to come thereafter”. Further, in
the Calcutta Youth Forum v. State of West Bengal25, 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.” After the 1972 Stockholm Convention, the 42nd
Amendment of the Constitution, also known as ‘Mini Constitution’, inserted an obligation on the
state as well as the citizens of India to protect our environment. Article 48-A26 was inserted as
part of Directive Principles of State policy and Article 51-A (g) 27 was inserted under fundamental
duties.

The Apex court has, in a number of judgments, tried to interpret the liabilities and the
responsibilities of the citizens of India with regards the environment. In T. DamodharRao v.
S.O.Municipal Corporation, Hyderabad28, 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 N.D Jayal v.
Union of India,29 the Supreme Court held that- “Sustainable development is to be treated as an
integral part of life under article 21 of the Constitution of India. So complying with the principle
of sustainable development is a constitutional mandate.”

But the question of a sustainable balance between development and environment conservatipn
was answered by the Supreme Court in the case of Rural Litigation and Entitlement Kendra,
Dehradun v. Union of India, 30 where the court appointed an expert committee to advice the
Bench on technical issues of the matter and on the basis of the report of the committee, passed a
decision stating that “The present case brings into sharp focus the conflict between development

24
AIR 1996 SC 149.
25
1986 (2) CLJ 26.
26
The state shall endeavour protect and improve the environment and to safeguard the forests and wildlife of the
country, INDIAN CONST. art. 48-A.
27
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,
INDIAN CONST. art. 51A cl. g.
28
AIR 1987 AP 171.
29
(2002) 4 SCC 356.
30
AIR 1958 SC 652.
and conservation and serves to emphasise the need for reconciling the two in the larger interest
of the country.”

The Supreme Court, through its decisions has iterated the need of conciliating development with
the environment to ensure survival of society, especially in India’s context, where the unequal
distribution of resources is already leading to a number of issues throughout the country, as
mentioned above.

Impact of Religion on Sustainable Development in India-

Religion forms a crucial part of the identity of Individuals in India, so much so that the two are
almost inseparable. The relationship between individuals and religion in the country is like an
iron clad bond, which of course has a bearing on the relationship the individuals have with
natural resources, considering the fact that religious practices in India are often associated with
natural resources, such as immersing of idols in rivers during Durga Puja or Ganesh
Chaturthi.31The conversation of religions’s influence on environment can be linked to the
traditions associated with religion in India. India is one of the few countries where religious
practices take a toll on the environment, and while there is a separate conversation to be had
regarding the practices that religion advocates and the actual practices that religious groups
partake in, the end result, as it stands now, results in degradation of the environment. The core
values associated with religion argue for the protection of the environment and everything that
occurs naturally, and can in fact, be used to promote sustainable development, but for that to
happen, there needs to be a dramatic change in the mindsets of individuals who consider their
religion so dear to themselves that a change in the associated practices might not be fully
embraced by them. To completely achieve sustainable development in India, this issue needs to
be addressed meticulously due to its peculiarly precarious nature which is confined to the
theological climate of India.

Conclusion-
Environment is the one thing which is mutual to every single country throughout the world. It
forms the basis of our society, the core of our values and our beliefs, and constitutes an important
31
Religion and Environment, DOWN TO EARTH (Jun. 12, 2012, 1:24 PM),
https://www.downtoearth.org.in/news/religion-and-the-environment-39383.
part of our routines. We depend upon our surrounding social and ecological environment for our
survival but the recent trends of over exploitation of natural resources and excessive pollution
make it very difficult to ensure a decent future for the coming generations. It’s time for us to stop
acting like we are not making it impossible for life on this planet to continue to thrive. Protection
of nature and natural environment is imperative to ensure that the next generation doesn’t reap
the poisoned fruit of our seeds.

But the important question we have to answer is that whether Sustainable development is the
correct way forward for our society? The theory of sustainable development allows us to find a
solution, but the concept in itself isn’t going to save our planet. The requirement is for it to be
implemented around the world by countries in a manner which allows us to balance out our
needs and requirements with the actual availability of resources because the path that we are
headed down on ends in only one way, and that result is not good for the survival of the human
species. As mentioned before, we can’t stop developing and as long as we keep on using the
resources that are available to us at the current rate, we would not only be exploiting nature but
we’d also be playing with the lives of millions of people.

India is home to one-sixth of the World’s population and is one of the fastest growing market
economies with a young population and it aims to be a $5 Trillion economy by 2025, which
gives it the perfect ingredients to be the global leader in environmental charge and lead the way
for Global Sustainable Development. And the country has set some good examples by showing
its commitment to Sustainable development goals. India has had a solid SDG localization model
centred on adoption, implementation and monitoring at the State and District Levels. The
country’s policies such as Sashakt Bharat- Sabal Bharat, Swachh Bharat- Swasth Bharat,
Samagra Bharat- Saksham Bharat, Satat Bharat- Sanatan Bharat, Sampanna Bharat- Samriddh
Bharat have shown the government’s commitment to be the leader in terms of global Sustainable
development by pursuing an inclusive approach and helping develop a sustainable growth
trajectory. But the actual problem is low level implementation, as although India has shown a
pattern of being regular in reduced inequalities and partnership for goals, there is still a lot of
improvement still required in in terms of the levels of hunger and development of sustainable
institutions.32
32
Voluntary National Review 2020- India, UNITED NATIONS (Mar. 11, 2021, 3:47 PM),
https://sustainabledevelopment.un.org/memberstates/india.
India has the facilities available to it to make sustainable development a reality. The environment
protection framework of the country has a robust structure (which has now been built up over a
period of about 50 years) with a number of legislations on the environment providing tools that
can help facilitate a movement towards attaining the SDG goals. It is about the utilisation of the
tools you have in hand in a manner that helps the country achieve the desired objectives

We also have to consider how far we have actually gone down the rabbit hole of environmental
exploitation when we look at the results of adoption of the sustainable development agenda. It all
comes down to how the world will look at our current actions in about ten years’ time and see if
we were able to do enough to make sustainable development a reality. The pressure on every
single country is enormous, considering the fact that they have allowed us to be in this situation,
where it’s basically a now or never scenario.

The distant future depends on society’s current collective actions. We have a long road to
traverse in a short period of time and how we monitor our development now will be a testament
to what the future looks like for the next generations. The entire population of the world has a
huge burden on its shoulders, a responsibility which is paramount to nothing in terms of its
importance, and the time to act is now. Integration of the concept of sustainable development in
our everyday lives, if done correctly, could be the greatest feat in the history of humanity.