i

ASSIGNMENT: ENVIRONMENTAL LAW

NAME: ADNAN YOUSUF

BA. LL.B 6th SEMESTER(Regular)

ROLL NO. 02

SUSTAINABLE DEVELOPMENT AND ITS PRINCIPLES

SUBMITTED TO GHULAM YAZDANI Sir

ii

CONTENTS:

1. INTRODUCTION

2. CONCEPT OF SUSTAINABLE DEVELOPMENT

i. Basic objectives of sustainable development

ii. Scope and extent of Sustainable development
3. SALIENT FEATURES OF SUSTAINABLE DEVELOPMENT
i. Inter-generational equity;
ii. Use and conservation of natural resources;
iii. Environmental protection;
iv. The precautionary principle;
v. The ‘Polluter Pays’ principle;
vi. Principle of liability to help and co-operate;
4. CONCLUSION
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1. INTRODUCTION

Sustainable Development: Guiding Principles And Values The well recognized principle
of sustainable development for the protection and improvement of environment has been
unanimously accepted by the world countries as a strategy that caters to the needs of the
present without depriving the future generations of their right to available natural
resources. It has been rightly said that sustainable development is meant to secure a
balance between developmental activities for the benefits of the people and
environmental protection and therefore, “it is a guarantee to the present and bequeath to
the future generations.” The principle of sustainable development seeks to harmonize the
conflict between development which may be industrial, economic or social, and right to
healthy environment. In other words, the balance between environmental protection and
developmental activities could only be maintained by strictly adhering to the principle of
sustainable development.1

Environmental studies have shown that the environment related problems of developed
countries are mainly due to industrial and technological development whereas
undeveloped countries have environmental problems because of poverty, over-
population and illiteracy. Undoubtedly, encouragement and boost to developmental
activities is in the socio-economic interest of a nation but this should not be at the cost of
environmental degradation, because this will not only affect the present generation but
have its adverse impact on the future generations. Therefore, sustainable development is
the need of time so that development and environmental protection, both proceed
maintaining a balance.

‘Development’ has been recognized as a human right under Rio- Declaration of 1992.
But all the nations (parties) participating in this summit unanimously agreed that
economic or industrial development should be carried out in a manner that it does not
adversely affect the environment because environmental pollution is a potential danger to
human life and in that case, what is the use of such development? It is for this reason that
the principle of sustainable development was evolved in this world summit for
maintaining a balance between development and environment, and it was realised that
both should go hand in hand.

1
Dr. Vinay N. Paranjape, “Environmental Law” (2013) Central Law Agency, p. 74.
iv

2. CONCEPT OF SUSTAINABLE DEVELOPMENT

The principle of sustainable development has evolved on the basic assumption of co-
existence of two apparently conflicting notions i.e. development and environment. But
from the practical point of view, ecological, economic and social aspects of sustainability
are inseparable. As William Rees has rightly pointed out that maintenance of ecological
integrity has to be accorded primacy over achievement of socio-economic human needs,
thus there should be a convergence between ecological and economic factors in the
developmental process.2

The principle of sustainable development emphasises on two basic needs, firstly, need
for socio-economic development and secondly, need of limitation imposed on the
environment's capability to cope with the present and future requirements. Explaining the
inter-dependence of conservation and sustainable development, the Brundtland Report
(1997) said: “Sustainable development is development that meets the needs of the
present without compromising the ability of future generations to meet their, own
needs…. Sustainable development requires meeting the basic needs of all and extending
to all opportunity to satisfy their aspirations for a better life.”

Basic objectives of Sustainable Development

The principle of sustainable development seeks to achieve the following three basic
objectives:
(1) to maintain production of goods and services for development and efficiency;
(2) conversation and management of neutral resources including preservation of bio-
diversity and maintenance of biological integrity;
(3) maintenance and enhancement of the quality of life adopting the principle of
equitable distribution of wealth and material resources.

These objective may respectively be called as economic, environmental and social

objectives of the principle of sustainable development.
From the environmental point of view, the objective of the principle of sustainable
development centres round three issues, namely, (i) to maintain essential ecological
processes, (ii) to preserve genetic diversity; and (iii) to secure sustainable utilization of
species and ecosystems.3

Scope of Extent of Sustainable Development

The concept of sustainable development, as pointed out the chairperson Ms. Brundtland

2
William E. Rees : Understanding Sustainable Development (1998) p. 20.
3
Philippe Sands: Principles of International Environmental Law (1995) p. 198.
v

4
in her report (popularly called the Brundtland report) is aimed at meeting the needs of
the present without compromising the ability a future generations to meet their own
needs. Commenting on sustainable development, the Former President of the World
Bank James D. Yolkenson observed, “it is for us to think as to what kind of world we
want. Do we want to bequeath a world for our future generation a poorest world
wherein innumerable people die of hunger, climate uncertainty, biodiversity at its lowest
ebb and social conditions most unstable?’’ This observation of Volkenson clearly shows
that the central focus of sustainable development is not confined to the present happiness
of the people but it also expends to safeguarding the interests of the coming generations.

Sustainable development involves a multi-faceted approach i.e. (1) economic, (2) human,
(3) environmental, and (4) technological. It is a process which seeks to bring
improvement in the quality of human life alongwith conservation of the ecological
system. Thus, development and environment, both are inter-dependent and therefore,
there cannot be development without protection of environment, nor can there be
conservation of environment without development.5

The former U.N. General-Secretary Kofi-Annan had identified five areas for the
applicability of the principle of sustainable development. They are (1) water, (2) health,
(3) power and energy, (4) Agriculture and (5) Bio-diversity.

Former Prime Minister of India Smt. Indira Gandhi had categorically stated in her
address at the Stockholm Conference, 1972 that water, air, land, soil, plants, trees and
living organisms must be preserved because they are valuable natural resources for the
benefit of the future generations.6

Salient Principles of Sustainable Development

The principle of sustainable development which received international recognition as a

result of Brundtland Commission Report (1987) was overwhelmingly supported by all
the nations. Some of the salient principles which underlie the concept of sustainable
development were spelled out in the Rio Declaration, 1992 and Agenda 21. Therefore,
these principles have got to be necessarily followed in order to achieve the objective of
sustainable development. These principles are as follows:

(1) Inter-generational equity;

(2) Use and conservation of natural resources;

4
http://fisherb.people.cofc.edu/IL/Gen%20Principles%20of%20IEL.pdf

5
Report of the U.N. Commission on Environment and Development titled as Our Common Future (1987)
p. 43
6
P.S. Nathani : Environment, Natural Resources and Pollution, (2007) p. 53.
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(3) Environmental protection;

(4) The precautionary principle;

(5) The ‘Polluter Pays’ principle;

(6) Principle of liability to help and co-operate;

(7) Poverty eradication; and

(8) Principle of ‘public trust’.

(1) Inter-Generational Equity.- The principle of inter-generational7 equity pre-

supposes the right of each generation of human beings to benefit from cultural and
natural resources of the past generation as well as the ‘obligation’ to preserve such
heritage for future generations. The principle emphasises on conservation of biodiversity
resources and of the renewable sources like forests, water, soil etc.

The principle of inter-generational equity has its genesis in Principles 1 and 2 of the
Stockholm Declaration, 1972 wherein environment has been taken to be resource basis
for the survival of the present generation and right to be beneficially used by the future
generations. Both these principles are reproduced as follows8:
Principle 1.- Man has the fundamental right to freedom, equality and adequate
conditions of life, in an environment of quality that permits a life of dignity and well-
being, and he bears a solemn responsibility to protect and improve the environment for
the present and future generations.

Principle 2.- The natural resources of the earth, including the air, water, lands, flora and
fauna, and especially representative samples of natural ecosystems, must be safeguarded
for the benefit of the present and future generations through careful planning and
management, as appropriate.

In A.P. Pollution Control Board v. M.V. Nayudu9, the Apex Court observed that where
the State Government makes an attempt to balance the need of the environment and need
of the economic development, it would not be proper to prohibit it from doing so. In such
a case, it would be safer to apply the ‘protective principle’ and the ‘principle of polluter

7
https://www.are.admin.ch/are/en/home/sustainable-development/international-
cooperation/2030agenda/un-_-milestones-in-sustainable-development/1987--brundtland-report.html

8
Year Book of International Environmental Law, 429 (1990).
9
(1997) 3 SCC 549
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pays’, keeping in mind the principle of sustainable development and the ‘principle of
inter-generational equity!

2. Use And Conservation of Natural Resources - This principle requires that earth's
natural resources should be carefully used in such a way that they may be conserved and
enhanced for the future generation. It must be borne in mind that natural resources are
already depleting due to poverty, over- population, urbanisation, industrialisation etc.
and there is likely to be acute shortage of these resources in future. Therefore, there is
dire need to develop techniques and technologies which may need minimal utilization of
natural resources.

The principle of use and conservation of resources is founded on the theory that the
present generation should be modest in their exploitation of natural resources for the
benefit of the future generations. This will secure the conditions of survival for future
generations. This principle has been accepted by the international community in the form
of Principles 8 and 23 of the Rio Earth Summit Declaration, 1992. 10
Principle 8 provides that in order to achieve sustainable development and a high quality
of life for all people, States should reduce and eliminate unsustainable pattern of
production and consumption. Thus, use and conservation of natural resources should be
an essential principle of sustainable development. Similarly, Principle 23 of the Rio-
Declaration (1992) specifically states that the environment and natural resources of
people under oppression, domination and occupation, shall be protected by all
means. The Supreme Court applying the principle of careful use and conservation of
natural resources, observed in the case of A. Jagannath v. Union of India, that activities
of the industries violative of this principle and of, environmental legislations must be
discouraged.

In Indian Handicrafts Emporium v. Union of India11, the indigenous ivory or ivory

articles were prohibited from being exported as it impugned Wild Life (Protection) Act,
1972 and was also against the moral claims embodied under Article 48-A of the
Constitution and principle of conservation of natural resources.

3. Environmental Protection

Environmental protection is an integral part of sustainable development. Most of the

nations have enacted environmental protection laws to ensure sustainable development
within their territories. In order to reinforce sustainable development, an effective

10
http://www.legalservicesindia.com/article/1641/Sustainable-Development,-Guiding-Principles-And-
Values.html

11
(1999) 2 SCC 718 (739)
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environmental protection mechanism is needed. 12It is generally seen that inadequate

protection of environment or its degradation affects the poorest sections of the society
most as they draw a large part of their livelihood from unmarked environmental
resources such as forests, water from hand pumps, air polluted and noisy slum dwellings
etc. The problem of environmental protection generally emanates from water resources,
forests, agriculture, industry, energy and power etc., therefore, policy decisions in these
sectors should be environmental oriented and well planned so as to ensure that there is
no degradation in the natural environment.

So far India is concerned, the Environment (Protection) Act, 1986 is the central
legislation. Besides, there are some other pollution control and prevention laws and
States have also framed their own anti-pollution laws according to their local
requirements. The ultimate object is to ensure sustainable development for protection of
environment from being degraded or polluted.

4. Precautionary Principle

The precautionary principle seeks to ensure that a substance or human activity which
may cause a threat to the environment is prevented from causing harm to environment,
even if there is no conclusive scientific proof of linking that particular substance or
human activity to environmental damage. Thus, precautionary principle pre-supposes
that onus of proof is on the industrialist to show that his action is benign, that is not
harmful to environment.

The precautionary principle in the context of environmental protection is essentially

about the management of scientific risk. It is a component of the concept of ecologically
sustainable development and has been defined in Principle 15 of the Rio Declaration,
1992.” According to this principle, “where there is threat of serious or irreversible
environmental damage, lack of full scientific certainty should not be used as a reason for
postponing measures to prevent environmental degradation." In other words, any human
activity or behaviour which bears the harmful effect to the environment, has got to
prevented at all costs.13

It may be stated that prior to the precautionary principle as incorporated in Principle 15

of the Rio-Declaration, 1992, Principle 6 of the Stockholm Declaration, 1972 relating to
the Assimilative Capacity Principle was the governing rule which provided as under :-
“The discharge of toxic substances or of substances and the release of heat, in such
quantities or concentrations as to exceed the capacity of the environment to render them
harmless, must be halted in order to ensure that serious irreversible damage is not
inflicted upon ecosystem. The just struggle of the peoples of all countries against

12
P.S. Jaswal and Nishtha Jaswal: Environmental Law, (2009) p. 120.
13
Year Book of International Environmental Law, 429 (1990).
ix

pollution should be supported.” 14

Thus, the assimilative capacity principle assumed that science could provide policy-
makers the information and means necessary to avoid encroaching upon the capacity of
the environment to assimilate impacts and it is presumed that relevant technical expertise
would be available when environmental harm was predicted and there would be
sufficient time to act in order to avoid such harm.
The precautionary principle has received legal recognition in almost all the international
instruments and has now become an integral part of the United Nations Environmental
Programme. The European Community has adopted the principle in the Bergen
Declaration on Sustainable Development, 1990 and reiterated that environment related
actions should predict, prevent and ‘suppress environmentally harmful factors’.

Beginning with Vellore Citizens’ Welfare Forum v. Union of India15, the Supreme Court
explicitly recognised the precautionary principle as a principle of Indian environmental
law in a number of subsequent cases. Justice Kuldeep Singh of the Supreme Court in
Vellore Citizens case laid down the following rules with regard to precautionary
principle :-

(1) The State Governments and local authorities are supposed to anticipate and then
prevent the cause of environmental degradation. They are supposed to check the activity
which is damaging for environment;

(2) Merely because there is a lack of scientific knowledge as to whether a particular

activity is causing degradation, it should not stand in the way of the Government;

(3) The onus of proof is on the actor (i.e. person who does the activity) or the
developer/industrialist to show that the action was environmentally friendly.
In order to achieve the above, the following precautions are supposed to be taken:
(i) The decision should be based on best possible scientific information and analysis of
risk;
(ii) Where there is uncertainty but potentially serious list exists, even then precautionary
measures are supposed to be taken;
(iii) Ecological impacts should be given paramount consideration, more so when
resources are non-renewable or where the result is irreversible;
(iv) The indication of the cost should be made known directly to the person who if does
not take precaution, can be called upon to meet the expense – a subject which may fall
under the head “polluter pays Ii principle.”16

14
United Nations Conference on Environment & Development, Rio-de-Janerio, 1992.
15
AIR 1996 SC 2515
16
P.S. Nathani : Environment, Natural Resources and Pollution, (2007) p. 53.
x

In Narmada Bachao Andolan v. Union of India17, the Apex Court explained that
“when there is a state of uncertainty due to lack of data or material about the extent of
damage or pollution likely to be caused, then in order to maintain ecological balance, the
burden of proof that the said balance will be maintained, must necessarily be on the
industry or the unit which is likely to cause pollution.”

5. “Polluter Pays” Principle

All the member countries participating in the Organisation For Economic Co-operation
and Development (O.E.C.D.) agreed to incorporate in their environmental policies the
principle of 'polluter pays' so as to discourage subsidies that could be detrimental for
trade. They deemed this necessary for the protection of environment and save the
country from threats posed by environmental pollution in modernised industrial societies.
“Polluter Pays” principle was considered to be one of the best method for prevention of
environmental pollution. But there were practical difficulties in working out an exact
definition of the principle as there could be dispute as to the limits on payment for
damages caused and exact scope of the applicability of principle.18

Despite these difficulties, the European Community in its Action Programme on

Environment had accepted the ‘polluter pays’ principle as a part of its strategy on
environmental matters. The principle Was incorporated in Article 130 R (2) of the action
programme which reads as follows :-

(i) Preventive action is always preferable to remedial action;

(ii) Environmental damage should be rectified at source;
(iii) The polluter should pay the costs of the measures taken to protect and preserve the
environment;
(iv) environmental policies should be a component of the European Community’s other
policies.

Finally, the “polluter pays” principle was recognised as an integral part of the sustainable
development by the international community arid was incorporated as Principle 16 of the
Rio Declaration of Earth Summit, 1992. The principle reads as follows :-
“Principle 16 National authorities should endeavour to promote the internationalisation
of environmental costs and the use of economic instruments taking into account the
approach 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.”

As a matter of fact, this principle was already accepted and included as Principle 4 of the
Stockholm Declaration in 1972 but it was legally and internationally recognised as a

17
(1996) 5 SCC 647.
18
Simon Stuart Bell: Environmental Law, (1991) p. 97
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substantive principle of environmental law under Principle 16 of the Rio Declaration,

1992.

The Supreme Court in M.C. Mehta v, Kamal Nath, observed that ‘polluter pays principle
has been recognised as fundamental objective of Government's environmental policy to
prevent and control pollution. The Court in this case observed that the calculation of
environmental damages should not be on the basis of claim put forward by the party, but
it should be on the basis of examination of the situation by the Court, keeping in view the
factors such as deterrent nature of the award.

In Vellore Citizens’ Welfare Forum v. Union of India19, the Supreme Court directed
the Central Government to constitute an authority under Section 3 (3) of the
Environment (Protection) Act, 1986 and confer on this authority all the powers necessary
to deal with the situation created by tanneries and other polluting industries in the State
of Tamil Nadu. The authority so constituted shall implement the ‘precautionary
principle’ and the ‘Polluter Pays Principle.’

6. Principle of Liability to help and Co-operate

This principle has been specifically incorporated in Rio-Declaration (1992) as Principle 9
which provides that the States should co-operate to strengthen indigenous capacity
building for sustainable development by improving scientific understanding through
exchanges of scientific and technological knowledge and by enhancing the development,
adaptation, diffusion and transfer of technologies including new and innovative
technologies.

Principle 10 of the Rio-Declaration further provides that environmental issues are best
handled with the participation of all concerned citizens at the relevant level. Emphasising
the need for mutual cooperation in environmental matters, Principle 12 requires the
States to cooperate to promote a supportive and open international economic system that
would lead to economic growth and sustainable development in all countries, in order to
address the problem of environmental degradation in a better way.

Finally, Principle 27 of the Rio Declaration expects people and the States to co-operate
in good faith and in a spirit of partnership in the future development of international law
in the field of sustainable development.

7. Poverty Eradication
Poverty is perhaps the worst contributing factor for polluting the environment and
causing its degradation. Smt. Indira Gandhi, the Late former Prime Minister of India,
addressing the Stockholm Conference on Human Environment in 1972 said, “of all

19
AIR 1996 SC 2515.
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pollutants we face, the worst is poverty”. The Brundtland Report (1987) also attributed
poverty as a potential cause of environmental degradation as it reduces people’s capacity
to use resources in a sustainable manner, which eventually brings more pressure on
environment and results into its deterioration. Most of the developing countries’ are
facing the problem of poverty which is adversely affecting the environmental quality.

The Earth Summit, 1992 also projected that elimination of poverty was utmost necessary
for achieving the goal of sustainable development, particularly m the developing
countries.

India being a developing country, its more than 30 per cent people are living below the
poverty line. The pitiable condition 'of slum-dwellers, scaricity of food, fuel, kerosene oil
etc. are serious threats for environment. Due to lack of residential, houses crores of poor
men, women and children are compelled to live in slums and even on road-side
temporary hutment in most unsanitary conditions without sufficient food and water. Thus,
they have to live in unwholesome environmental conditions. Therefore, India needs
cooperation and assistance from the developed countries to help and support the poverty
alleviation programme and maintenance of wholesome environmental conditions.

Protection of Forests
It must be stated that awareness about the protection of forests is also closely connected
with the principle of public trust applicable for the preservation of natural resources. The
State being a trustee of forest-resource, it is the moral and legal obligation of the
Government to protect forests from being destroyed by indiscriminate felling of trees. If
forests are well preserved, it will reduce soil erosion and increase fertility of land and
also cause sufficient rainfall which is necessary for cultivation and domestic purposes in
the form of water. But despite these benefits from forests, the record shows that almost
one-third of the part of the forest in tropical region had been destroyed due to
deforestation until the year 1970. Unfortunately, destruction of forest still continues and
nearly 1,70,000 sq. k.m. forest land has been converted into plain for construction of
industries, complexes and other commercial purposes. Besides, seven lakh hectare land
has turned into desert and gallons of polluted water is being flowed in rivers, lakes and
seas causing irreparable damage to environment and ecosystem.

In view of this destruction of forests, the Government is failing in its duties as trustee of
this valuable natural resource and causing damage to its beneficiaries i.e., the peop1e
could not exploit it for their own use, what to talk of leaving it for use by future
generations'! Even now, it is not too late and there is need on the part of the State to
protect and preserve the valuable natural resources as a trustee and people to cooperate
with the administration to protect environment from being degraded.
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Conclusion

It is true that in order to improve and protect the environment from pollution
sustainability must be there between environment and development. The concept of
sustainable development based on the notion that natural resources should be exploited
for the benefit of both present and future generation. As we know that increased
industrial activity worldwide requires the use of natural resources which are depleting
day by day. It is also true that the need for resource conservation, efficient use of
resources and environment friendly corporate policies and behaviour has now been
recognised worldwide. The country needs an Environmental policy and planning, while
being globally sensitive must be based on local needs. Finally, if sustainable
development has to move from mere wishful thinking and slogan-mongering into a
reality, the world (developed and developing) as a whole has to move towards a new
world order in which new economic and technological orders are dovetailed. Such an
order has to be aimed at benefiting the poor because in the chain of sustainable
development, the weakest links are poverty and inequality. Last but not least, if the
principles of sustainable development are followed then definitely with the economic
growth and industrial development of a country environment protection can be
maintained.

REFERENCES

1. Agarwal, S: Legal Control of Environmental Pollution

2. Krishna Iyer, V.R. – Environmental Pollution and the Law

3. Paras Diwan – Environmental Administration – Law and Judicial Attitude

4. Srivastva A.B. – Product Global Environment, 1994

5. Jaswal, P.S. & Nishtha – Environmental Law

6. Shanta Kumar S. – Introduction to Environmental Law

7. J.J.R. Upadhaya – Environmental Law

8. V.N. Paranjape – Environmental Law

9. Pfueller, S.L., Lee, D. & Laing, J. Environmental Management (2011) 48: 734.
https://doi.org/10.1007/s00267-011-9728-y
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10. http://fisherb.people.cofc.edu/IL/Gen%20Principles%20of%20IEL.pdf