Sustainable Development

Sustainable development is a pattern of resource use, that aims to meet human needs while preserving the environment so that these needs can be met not only in the present, but also for generations to come.

Brundtland Commission
Sustainable development is development that meets the need of the present without compromising the ability of the future generation to meet their own needs.

The key concepts

Development involves a progressive transformation of economy and society. Sustainable development is the new concept of economic growth. Process of change in which economic and fiscal policies, trade and foreign policies, energy, agricultural and industrial policies all aim to induce development that is sustainable.

What does it require

Non- renewable resources like fossils and minerals to be used. Adverse Impacts on the quality of air, water and other natural elements should be minimized.

Critical objectives of the commission

changing quality of growth Meeting essential needs of job, Food energy Ensuring the sustainable level of population, Conserving and enhansing the resource base, Reorienting technology and managing risks, Merging environment and economics in the decision making.

Basic Principles
Inter generational Equity Use and Conservation of natural resources, Environmental Protection The precautionary principle The polluter pays principle Obligation to assist and cooperate

Principles adopted
Fundamental Human right Conservation and Sustainable use Environmental standards. Prior Environmental Assessment.

 Development must possess both economical and ecological sustainability. The environment and development are the means and not the ends in themselves.

 Stockholm Declaration on Human Environment 1972. Human impact on the environment. Social and Economic development

Principles
Principle 1- fundamental right to freedom Principle 2- the natural resources must be safeguarded. Principle 3- Renewable resources must be maintained. Principle 4- social responsibility of man.

Principles
Principle 6- the discharge of toxic substances. Principle 11- Environmental policies of all states enhance and not adversely affect the present or future development. Principle 13-adopt an integrated and coordinated approach to their development planning.

Principles
Principle 15- Planning of human settlement. Principle 18-Precautionary principle identification, avoidance, and control of environmental risks. Principle 20-Scientific research and development in context of environmental problems.

 Principle 21-Legal control of Acid Rain, Green house effect, ozone depletion.

Further boost
World conservation strategy 1980 (UNEP) WWF (world wild fund) Endorsed by General assembly in 1980. South pacific Commission-1980 World charter for Nature 1982. ASEAN agreement 9 july 1985.

Montreal Protocol(1987)
Came into force in 1989. Elimination of ozone depletion at a uniform rate. 48 nations signed it, India, malaysia and china refused.

Grounds for refusal

Per capita consumption of CFCs- US 37% Asia and Africa- 5% Pattern of Consumption- In India- essential purpose, in US Luxury purpose Massive switch over cost.

Earth Summit (1992)

UNCED- JUNE 1992. At Rio de Janerio More than 150 governments participated. Largest UN conference on Sustainable Development. Was guided by and inspired by Brundtland report.

Major Achievements
The Rio Declaration on Environment and Development. A series of principles defining the rights and responsibilities of states. 27 principles which guide the behaviour of nations towards more environmentally sustainable patterns of development.

Principle 1
Human Beings are of at the centre of concern for sustainable development.

They are entitled to a healthy and productive life in harmony with nature. Well being of the individual the actual measure of SD.

Principle 2
The duty of the state that while exploiting their own resources responsibility to ensure that their activities do not cause damage to the environment of the other state.

Principle 3
The right to development must be fulfilled so as to equitably meet development and environmental needs of present and future generations. Inter- generational Equity

Principle 4
Environmental protection shall constitute an integral part of the development process and cannot be isolated from it.

Principle 5
Eradication of poverty. All the people and all the states will cooperate in this essential task. Of all the pollutants we face, the worst is poverty---Mrs. Indira Gandhi.

Principle 9
International transfer of the scientific Knowledge.

Principle 10
Environmental issues are best handled with the participation of all concerned citizens.

Principle 11
States to enact effective environmental legislations.

Principle 13
States shall develop national law regarding liability and compensation for the victims of pollution and other environmental damages.

Principle 12
State to cooperate to promote a supportive and open international economic system that would lead to economic growth and sustainable development.

Principle 15
Precautionary principle.

Principle 16
Polluter pays principle. Principle 17- Environmental Impact Assessment. Principle 24- respect international law(avoid war)

Principle 25
Peace, development and environmental protection are interdependent and indivisible Principle 27- cooperation from all states in good faith.

Agenda 21
is an action plan of the United Nation (UN) related to sustainable development. was an outcome of the United Nations Conference on Environment and Development (UNCED) held in Rio de Janeiro, Brazil, in 1992. is a comprehensive blueprint of action to be taken globally, nationally and locally by organizations of the UN, governments, and major groups in every area in which humans directly affect the environment.

 the number 21 refers to an agenda for the 21st century. Emphasizes on international co-operation for achieving the goal of sustainable development. Aims to prepare the world for the challenges of the next century.

Agenda 21
Maurice Strong-Secretary General of UNCED Boutros Ghali the UN General Secretary.

Structure and contents

Social and Economic dimensions which deals with combating poverty, changing consumption patterns, promoting health, change population and sustainable settlement

 Conservation and management of resources for development Includes atmospheric protection, combating deforestation, protecting fragile environments, conservation of biological diversity (biodiversity), and control of pollution.

 Strengthening the role of major groups Includes the roles of children and youth, women, NGOs, local authorities, business and workers.

 Means of implementation. Implementation includes science, technology transfer, education, international institutions and financial mechanisms.

Forest Principles
Set of non- legally binding authoritative principles to support the sustainable management of forests.

Conventions on Climate change

Signed by more than 50 countries.(1994) The states were required to take steps to reduce their emission of gases which contribute to global warming.

Kuala Lumpur Conference 1992

Ministerial level conference Developing nations Setting up of Green Fund 30 % of area with forest till 2000 AD. US rejected. India Mooted for environment tax.

Earth Summit 1997

At New York. June 1997. To review Agenda 21. Planet still in trouble. Problem of Global Warming 112 billion tons of CO2 released into the atmosphere.

 Deforestation Rate rose from 11,000 Sq Km to 15,000 Sq. Km. Programme of Action was adopted. 2002 AD session was decided.

Kyoto Conference 1997

11 th December 1997. 159 nations. Emission of green house gases to be cut to save the planet from global warming.

Guiding Principles
Benefits of the present and future generations Equity Common but differentiated responsibilities and respective capabilities of the nations.

Earth Summit 2002

At Johannesburg from 26 Aug to sept 4 2002 organized by UN. To fight poverty and protect global environment. UN Sectretary General Koffi Annan urged to solve the problems identified in 92,and 97.

Johannesburg Declarations
Humane, equitable and caring global society cognizant to the need for human dignity, Pillars of Sustainable DevelopmentEconomic, social and environmental.

 Poverty Eradication and Human Development. Speedily increase the access to basic requirements. To have access to financial resources.

Severe threat
Chronic Hunger Malnutrition Foreign occupation Armed conflicts Illicit drug problem Organised crimes corruption

 Natural disasters Arms Trafficking Commitment to ensure Women Empowerment Gender equality

Sustainable Development and Role of Judiciary

Indian Condition
Environmental Degradation Over Exploitation of Resources Depletion of Traditional resources Industrialization Urbanization Population Explosion

 The conduct of the Human Being can be regulated through the instrument of law. Regular development of the law relating to the Environmental protection. Law and environment both are dynamic in nature.

Mining case
Rural litigation and E.Kendra,Dehradun v..State of U.P.AIR 1985 SC 1259

Polluter pays as well as sustainable development

Quarrying of the limestone

Kinkri Devi v. State AIR 1988 H.P. 4 Unscientific and uncontrolled quarrying of the limestone caused damage to the Shivalik hills and imposing danger to the ecology, environment and inhabitants of the area. Violation of article 14, 21,48A and 51- A(g)

Cement Factory case

A.R.C. Cement Ltd. V. State of U.P. 1993 SCC 57 SC did not permit to run cement factory in the Doon valley area where the mining operation had been stopped. It was declared as non-industrial.

Illegal quarrying and mining

Bheemagiri Bhaskar v. Revenue Divisional Officer Bhongir AIR 2001 A.P.492 No such permits could be granted if the same attracts violation of Article 21.

Mining in Reserved Forests

Reserved forests to protect the flora and fauna of that area. Tarun Bharat Sangh v. Union of India 1992 SCC 448.

 State of M.P v. Krishandas Tikaram,1995 SC 587. State of A.P. v. Anupama Minerals.1995 SC 117 M.C. Mehta v. Union of India 1996 8 SCC 462. Golden Granites v. K.V. Shanmugam ,AIR 1988 Mad 150

Shifting of Stone Crushers

Right to fresh air and to live in pollution free environment is affected. M.C. Mehta v. Union of India, 1992 3 SCC 256 Ishwar Singh v. State of Haryana AIR 1996P&H 30. Obayya Pujari v. Member Secretary , KSPCB Banglore AIR 1999 Kant 157

Protection of Forests and Felling of Trees

T .N. Godavarman Thirummulkpad v. Union of India,1998 9 SCC 660