Authored By: Rajshavi Sonker
Babasaheb Bhimrao Ambedkar Central University
INTRODUCTION
“In the race for economic growth, the environment often becomes the silent victim.”
The concept is debatable between economic development and environmental protection. Environmental development lags in the process of economic development. It is the most common and pressing issue in the modern legal system.
Development is important for improving living standards, reducing poverty, and economic growth. However, when the development is neglected, it often leads to deforestation, pollution, loss of biodiversity, environmental degradation, etc.
It also includes technological developments; growth results in technological innovation that promotes social advancement and human growth.
For instance, India’s dedication to sustainable development is demonstrated by its developments in renewable energy technologies, especially through the National Solar Mission.
It is the challenge before the law to maintain the balance between law and policy.
It today’s era with rise in population the development is also needed consumerism culture and disasters.
Environmental Protection .
LINK BETWEEN ENVIRONMENTAL PROTECTION AND ECONOMIC DEVELOPMENT
The ability to access and utilize natural resources, which constitute natural capital, without jeopardizing the ability of future generations to do the same is the standard definition of sustainable development. In essence, we create commodities for ourselves using natural capital.The economic non-living organisms, both biotic and abiotic. Emissions from industrial processes and other anthropogenic (manmade) sources build up in our atmosphere. Now, this carbon could be stored if there were woods and trees that weren’t destroyed when land was cleared for urbanization or cultivation. Nevertheless, these uses of deforestation result in little carbon sequestration and a release of carbon into the atmosphere. Therefore, the biosphere is still affected by human activity. All living things, including humans, have a limit to how much their economies can expand and how much they can gain until the environment begins to deteriorate. Furthermore, pollution brought on by economic expansion will result in lower environmental quality, which will surely have an impact on the resources we wish to consume. Degradation of the environment will result in degraded resources, which will have an impact on economic growth because nearly every industry needs natural capital to produce goods and services. This makes it clear that these two are not independent nor exclusive of one another. Securing economic prosperity will result from protecting the environment, and vice versa.
Short-term (let’s say a few decades) affluence and quick economic sector expansion arise from ignoring the environment in favor of economic growth, but as we can see from our current situation, the disdain for environmental variables due to concentrating solely on financial gain will eventually catch up. We can advance while preserving the environment and our economies thanks to sustainable development. The primary goal of economic development is to maximize profits and make enough money to raise the country’s GDP. However, sustainable development demands that economic decisions be made in a way that benefits the commercial and social sectors without sacrificing environmental quality. We continue to deplete the ecosystem without contributing anything of value. The truth is that economic growth is predicated on making money at the expense of the environment. Moving ahead, this need not be the case.
Committee Recommendations Associated with Balancing Environment and Development
The UN Brundtland Commission:
Outlined the notion that economic activity and the environment are closely related in 1987. This was followed by environmental accounting, which sparked discussion about sustainable development and the Rio de Janeiro Earth Summit in 1992.
Mishra Committee (1976):
According to the committee’s study, Joshimath in Uttarakhand is situated on a sand and stone deposit rather than the main rock, hence no new development should be done there.
Kasturirangan Committee (2012):
It suggested preserving and safeguarding the Western Ghats’ biodiversity while permitting inclusive and sustainable regional development. Just 37% of the Western Ghats should be included in Ecologically Sensitive Area (ESA) zones, according to the Committee’s recommendation.
S.R. Subramanian Committee (2014):
The committee, which was tasked with reviewing and recommending changes to current environmental legislation, suggested improving transparency, bolstering enforcement mechanisms, and simplifying regulatory procedures to guarantee efficient environmental governance.
Justice K.S. Radhakrishnan Committee (2018):
The group, which was established to address the problem of solid waste management in India, concentrated on methods to enhance waste management procedures, encourage recycling, and lessen environmental contamination brought on by inappropriate garbage disposal. The suggestions encouraged eco-friendly lifestyle choices.
LEGAL FRAMEWORK IN INDIA
India has created a robust legal system to deal with this problem: Constitutional Clauses
Article 21: The right to a clean and healthy environment is part of the right to life.
The State is required by Article 48A to safeguard and enhance the environment.
Citizens are required to conserve the environment under Article 51A(g).
Important laws are made for the protection of the environment .
The 1986 Environment (Protection) Act
The 1981 Air (Prevention and Control of Pollution) Act
The Water (Prevention and Control of Pollution) Act of 1974
These regulations control industrial operations with the goal of reducing harm to the environment.
JUDICIAL APPROACH AND PRINCIPLE
1. SUSTAINABLE DEVELOPMENT
In order to ensure social justice and the protection of human rights, the Indian judiciary has successfully incorporated specific environmental law ideas from international environmental law jurisprudence. Even though they aren’t stated specifically in the relevant statute, these ideas have been integrated into Indian environmental jurisprudence and are crucial to judges’ rulings. There is some degree of coherence between domestic and international environmental standards because the fundamentals of Indian environmental law are found in the judicial interpretation of statutes and the Constitution and include a number of internationally accepted concepts.
2. Precautionary Principle—A novel idea to direct human behavior in order to avoid harm in the last ten years has seen an emergence in both the environment and human health. In short, it’s known as the “principle of preventive action,”
“precautionary principle,” or “precautionary strategy.” According to the precautionary principle, in the absence of scientific consensus that an activity or policy is detrimental, the burden of evidence that it is not harmful rests on those implementing it if there is a suspected risk of harm to the public or the environment. In M.C. 3, Expert research demonstrated that the Taj Trapezium (TTZ) was negatively impacted by pollutants from the coke and coal-based sectors. The court noted that TTZ’s air pollution must be eradicated at all costs. They said that when it comes to the preservation of a prominent monument like the Taj Mahal industries that no industries that even have a one percent chance can be taken. “The environmental measures must anticipate, prevent, and tackle the sources of environmental degradation,” they added. An industry has the “onus of proof” to demonstrate that using coal or coke for operations is environmentally beneficial. The TTZ’s industries are the primary sources of ambient air pollution.
3. The Polluter Pays Concept – The cost of running the pollution control system should be borne by the polluter. The repercussions of the pollution should be borne by the polluter. The Vellore Tanneries Pollution lawsuit provided more details on this idea. According to this court’s interpretation of the Polluter Pays Principle, absolute culpability for environmental harm includes both compensating the victims of pollution and covering the costs of repairing the degraded environment.
4. The Public Trust Doctrine –According to the Public Trust Doctrine, which developed in M.C. Mehta v. Kamal Nath, the government held some common properties in trusteeship for the people, including rivers, woods, beaches, and the air. Were held by the government in trusteeship for free and unrestricted public use. The state government violated the public trust doctrine by granting a lease to a motel on the banks of the River Beas, which would disrupt the water’s natural flow. In order to further support and possibly encourage state action to conserve natural resources, the Supreme Court established Professor Joseph Sax’s theory of public trust in this case. It held that the state had a legal obligation to safeguard all natural resources as a trustee and that the resources were intended for public use and could not be transferred to private ownership
5. Principle of Absolute Liability
Without exception, industries that engage in hazardous operations are fully responsible for any harm they create.
Curled up stronger than strict liability, no defenses are permitted in M.C. Mehta v. Union of India.
6. Equity Across Generations
Future generations must not be harmed by the manner that current generations use resources. Sustainable development and this idea are strongly related.
7. The proportionality doctrine
courts strike a balance between growth and environmental protection by making sure that environmental damage is reduced and development has not stopped entirely.
How development affects the environment
Regular Catastrophes:
The severity of damage caused by both natural and man-made disasters has increased as a result of developmental projects including infrastructure improvements involving soil mining, mountain cracking, and river bridling.
For instance, the frequency of extreme rainfall events has increased recently, as evidenced by the 2023 floods in Himachal Pradesh and the recent urban flooding in cities like Hyderabad and Chennai.
Pollution is rising:
The development’s contribution to various forms of pollution that harm the environment is one of the main issues.
For example, according to data from the University of Chicago’s Energy Policy Institute’s 2023 Air Quality Life Index (AQLI) report, Delhi inhabitants’ lives are shortened by approximately 11.9 years.
- Degradation of theEnvironment
We frequently take nature for granted and overuse it since it is free.
Deforestation, human-animal conflict, and zoonotic infections have all grown as a result of habitat loss and degradation brought on by development activities.
Warming of the planet:
Climate change brought on by global warming is one of the major problems the world is currently facing.
Global warming has been exacerbated by rapid industrialization and excessive emissions of greenhouse gases.
FINDINGS
- Keeping Development and Conservation in Check
According to the UN Brundtland Commission’s definition from 1987, sustainability is the ability to meet present demands without compromising the ability of future generations to meet their own.
Sustainable development necessitates an integrated strategy that considers both economic growth and environmental issues; development and conservation should go hand in hand.
- Government and Policy
Achieving sustainable development objectives requires effective environmental policy, governance, and environmental clearing.
For example, the Char Dham project, which entailed extensive tree-cutting, mountaincutting, and dumping, has been questioned in court for being an environmentally harmful enterprise rather than a development project. Thus, all stakeholders must be consulted when developing policies, and environmental issues at the core of development, particularly in environmentally sensitive areas.
- Participation and Awareness in the Community
Sustainable development strategies require community involvement and public awareness. Local environmental conservation and the use of renewable energy are encouraged by grassroots efforts.
- Concerns about Climate Change
Rising sea levels and extreme weather events are two major problems brought on by climate change that call for immediate mitigation and adaptation strategies. Development and environmental protection should coexist in order to mitigate and adapt to the unpredictability of major climate change events.
CONCLUSION
The conflict between environmental protection and development is a challenge to achieve both in harmony rather than a choice between advancement and preservation. In order to achieve this balance, the Indian legal system has developed concepts like polluter pays, sustainable development, and the precautionary principle under the direction of the Supreme Court of India. These concepts demonstrate a strong knowledge that environmental degradation cannot be sustained at the expense of economic progress.
But even with a strong legal structure, accountability and efficient execution are the true problems. Environmental precautions must be incorporated into development projects at every level, and authorities must make sure that environmental regulations are strictly followed.
Maintaining ecological balance also heavily depends on public awareness and participation.
In the end, genuine progress is determined not only by financial benefits but also by human welfare and the sustainability of natural resources. To guarantee that current and future generations can coexist with nature in a safe and healthy environment, a balanced, responsible, and forward-thinking approach is necessary.
BIBLIOGRAPHY
I have taken help from various sites and journals mentioned below
Case Law Citations
Vellore Citizens Welfare Forum v. Union of India, (1996) 5 S.C.C. 647 (India).
Indian Council for Enviro-Legal Action v. Union of India, (1996) 3 S.C.C. 212 (India). M.C. Mehta v. Union of India, (1987) 1 S.C.C. 395 (India).
M.C. Mehta v. Kamal Nath, (1997) 1 S.C.C. 388 (India).
Narmada Bachao Andolan v. Union of India, (2000) 10 S.C.C. 664 (India).
Statutory Citation
INDIA CONST. art. 21.
INDIA CONST. art. 48A.
INDIA CONST. art. 51A(g).
Environment (Protection) Act, 1986, No. 29 of 1986, INDIA CODE.
Water (Prevention and Control of Pollution) Act, 1974, No. 6 of 1974, INDIA CODE.
Air (Prevention and Control of Pollution) Act, 1981, No. 14 of 1981, INDIA CODE.
Book Citations
SHYAM DIVAN & ARMIN ROSENCRANZ, ENVIRONMENTAL LAW AND POLICY IN
INDIA (2d ed. 2001).
S.P. SATHE, JUDICIAL ACTIVISM IN INDIA (2d ed. 2002).
