POLICY ON ENVIRONMENT AND SUSTAINABLE DEVELOPMENT IN GLOBAL

SOUTH
ABSTRACT

The word “environment” relates to surroundings. It can be can defined as anything which may
be treated as covering the physical surroundings that are common to all of us, including air,
space, land, water, plants and wildlife.1 Under the Environment (Protection) Act, 1986 Section
2(a) 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.”2

This paper analyses the general framework of the law and economics theory applied to
environmental issues. Our environment is constantly changing. As our environment changes,
there is the need to become increasingly aware of the problems that surround it. Global
warming has become an undeniable problem of our environment and our planet is warming
up. The right to life under Article 21 of the Indian Constitution has been interpreted in such a
way by the judiciary in India that now it includes the right to healthy environment.

The world commission on environment and development (wced) in its report

prominently known as the ‘brundtland report’ highlights the concept of sustainable
development. As per brundtland report, sustainable development signifies
“development that meets the needs of the present without compromising the ability of
the future generations to meet their own needs”. 3 There is a need for the courts to strike
a balance between development and environment.

Roscoe Pound in his legal theory of ‘social engineering’ enumerated various interests which
the law should seek to protect and classified them into three broad categories, namely, (1)
Private interests, (2) Public interests, (3) Social interests. Public interest include – state as a
guardian of social interests such as protection of natural environment, territorial waters, sea-
shores and so on.4

1
Dr. Jai Jai Ram Upadhyay, ENVIRONMENTAL LAW, p.2, Allahabad: Central Law Agency, (2005).
2
Available at envfor.nic.in/legis/env/env1.html
3
S .Shanthakumar, ENVIRONMENTAL LAW AN INTRODUCTION, pp. 122, 123, Chennai: Surya Publication,
(2001)
4
Pound : Interpretation of Legal history p. 156.

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Every year, on 5th of June, World Environment Day campaign is being celebrated every year
in order to spread the public awareness all over the world towards the environment safety and
cleanliness.

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 TABLE OF CONTENTS

S. No. TOPIC PAGE NO.

1. Introduction 4
2. Environment Policy 6
3. History of Environment 7
Policy Making
4. Environment Management 8
5. Environment Policy 10
Instruments
6. Guiding Concepts 12
7. Judicial remedies for 14
environment pollution
8. Sustainable Development 16
9. Sustainable Development 16
goals
10. Acciona in the area of 17
Sustainability
11. Conclusion 19

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 INTRODUCTION

Save environment, save life.

According to the Webster Dictionary, it is defined as the “Aggregate of all the external
condition and influences affecting the life and development of an organism.5”

Under the Environment (Protection) Act, 1986 Section 2(a) 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.”6

A clean environment is one of the major necessity for living a peaceful and healthy life. But
our environment is getting degraded day by day because of the negligence of human beings.
When we do anything wrong to the nature, it disturbs the whole environment means
atmosphere, hydrosphere and lithosphere. There also exist a man-made environment in addition
to natural environment which deals with the technology, work environment, transportation,
housing, utilities, urbanization, etc. Manmade environment negatively affects the natural
environment to a great level. Contamination of the environment brings lots of diseases which
human being may suffer for their entire life.

In the ‘Atharva Veda’, the ancient Hindu Scepters stated “What of thee I dig out let that quickly
grow over”.7 It means what we do to nature, it will return the same to us.

Article 48A8 of the Constitution of India imposes a duty that the state shall endeavour to protect
and improve the environment and to safeguard and to safeguard the forests and wild life of the
country. The duty under article 48A can be enforced through public interest litigation brought
by an institution in a locality on the basis of article 21.9 Devices such as Public Interest
Litigation (PIL) have been prominently relied upon to tackle environmental problems, and this

5
R.M. Lodha, ENVIRONMENTAL RUIN: THE CRISES OF SURVIVAL, P.364 .New Delhi: Indus Publishing
Company (1993).
6
Available at envfor.nic.in/legis/env/env1.html
7
MC Mehta, GROWTH OF ENVIRONMENTAL JURISPRUDENCE IN INDIA, p.71, 1999.
8
THE CONSTITUTION OF INDIA, 1950
9
Satish v. State of UP (1992) Supp 2 SCC 94, paragraph 1; Tarun Bharat Sangh, Alwar v. Union of India, (1992)
Supp 2 SCC 448: AIR 1992 SC 514: 1992 AIR SCW 102, paragraph 12.

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approach has its supporters as well as critics.10 The duty can be enforced through a letter also.11
The State, as a custodian of the natural resources, has a duty to maintain them not merely for
the benefit of public trust, but for the best interest of the flora and fauna, wildlife and so on.12

Article 51-A (g) of the Constitution also specifies that - “It shall be duty of every citizen of
India to protect and improve the natural environment including forests, lakes, and wildlife and
to have compassion for living creature.”

In Sachidanand Pandey v. State of West Bengal13, the Supreme Court observed “whenever a
problem of ecology is brought before the court, the court is bound to bear in mind Article 48-
A and Article 51-A (g).

Also, in the case of Charan Lal Sahu Case,14 the Supreme Court in this case mentioned that,
the right to life guaranteed by Article 21 of the Constitution includes the right to a wholesome
environment.

In another case of Damodhar Rao v. S. 0. Municipal Corporation Hyderabad15, The Court

resorted to the Constitutional mandates under Articles 48A and 51A(g) to support this
reasoning and went to the extent of stating that environmental pollution would be a violation
of the fundamental right to life and personal liberty as enshrined in Article 21 of the
Constitution.

Prof. Roscoe pound in his theory stated that the function of law is to harmonise the conflicting
interests of individuals in the community and harmonise their inter-relations. He termed this as
‘social engineering’.16 Pound enumerated various interests which the law should seek to protect
and classified them into three broad categories, namely, (1) Private interests, (2) Public

10
Former Chief Justice Mr. K.G. Balakrishnan, THE ROLE OF THE JUDICIARY IN ENVIRONMENTAL
PROTECTION IN D. P SHRIVASTAVA MEMORIAL LECTURE, p. 1, March 20,2010.
11
M.C. Mehta v. Union of India, (1992) Supp 2 SCC 85 (633, 637)
12
Center of Environmental Law, WWF-India v. Union of India, (2013) 8 SCC 234 (257).
13
AIR 1987 SC 1109
14
HUMAN RIGHTS APPROACH TOWARDS POLLUTION FREE ENVIRONMENT, available at
www.indiastat.com/Article/14/indira/fulltext.pdf – United States

15
C. M. ABRAHAM and SUSHILA ABRAHAM, THE BHOPAL CASE AND THE DEVELOPMENT OF
ENVIRONMENTAL LAW IN INDIA P. 362, Vol. 40 International and Comparative Law Quarterly April 1991,
available at http://heinonline.org.
16
Pound: Interpretation of Legal history p. 156.

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interests, (3) Social interests. Public interest include – state as a guardian of social interests
such as protection of natural environment, territorial waters, sea-shores and so on.

We have to preserve the originality of our environment to continue the life on the earth. Every
year, on 5th of June, World Environment Day campaign is being celebrated to spread the public
awareness all over the world towards the environment safety and cleanliness.

ENVIRONMENTAL POLICY

Environmental policy is the commitment of an association to the laws, regulations, and other
policy instruments concerning environmental matters. These matters generally include air and
water pollution, waste management, ecosystem management, maintenance of biodiversity, the
protection of natural resources, wildlife and endangered species. Environmental policy
includes all measures by a government or corporation or other public or private organization
concerning the harmful effects of human activities on the environment, specifically those
methods that are designed to prevent or reduce harmful effects of human activities on
ecosystems.

Regarding environmental policy, the importance of execution of an eco-energy-oriented policy

at a global level to address the issues of global warming and climate changes should be
emphasised. Policies concerning regulation of toxic substances including pesticides and many
other types of industrial waste are part of the topic of environmental policy. These policy can
be directed to oversee human activities and thereby prevent harmful effects on the biophysical
environment and natural resources, as well as to make sure that changes in the environment do
not have detrimental effects on humans.

Environmental policy instruments are tools used by governments to implement their

environmental policies. Governments may use a number of different types of instruments. For
instance, economic incentives and market-based instruments such as taxes and tax exemptions,
etc. can be very effective to encourage compliance with environmental policy. Environment
policies of the Government of India includes legislations related to environment.

India is one of the party of the Convention on Biological Diversity (CBD) treaty. Prior to the
CBD, India had different laws to govern the environment. The Indian Wildlife Protection Act
1972 protected the biodiversity. The 1988 National Forest Policy had conservation as its
fundamental principle. In addition to these acts, the government passed the Environment

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(Protection) Act 1986 and Foreign Trade (Development and Regulation) Act 1992 for control
of biodiversity.

Environmental policies are needed because environmental values are usually not considered in
organizational decision making. American ecologist Garrett Hardin in 1968 mentioned the term
“the tragedy of the commons.” The pool of natural resources can be considered as a commons
that everyone can use to their own benefit. For an individual, it is rational to use a common
resource without considering its effects, but that self-interested behaviour will lead to the
depletion of the shared limited resource and that is not in anyone’s interest. Individuals do so
nevertheless because they reap the benefits in the short term, but the community pays the costs
of depletion in the long term. Since individuals use the resources for their benefit, government
has a role in the protection of the commons.

HISTORY OF ENVIRONMENTAL POLICY MAKING

Environment protection public policy began from the time of Babylonians, who implemented
the first ever hygiene laws, which include not sharing a bed or a cup with a diseased person.
The first sewers were constructed in Mohenjo-daro (Indus, or Harappan, civilization) and in
Rome (ancient Roman civilization). Other civilizations executed related environmental laws.
The ancient Greece created laws that governed forest harvesting, and feudal European societies
established hunting preserves. During the 17th century, the city of Paris developed Europe’s
first large-scale sewer system.

With the effects of industrialization and urbanization during 19th and 20th centuries,
government developed rules and regulations for urban hygiene, sewer, sanitation, and housing
as well as the laws for the protection of natural landscapes and wildlife. The riches and the club
, for e.g. the Sierra Club (founded 1892) and the National Audubon Society (founded 1905),
also contributed to efforts to conserve natural resources and wildlife.

Gradually, People became aware of the harmful effects of emissions and use of chemicals in
industry. In 1956, the disease named Minamata emerged in Japan which resulted from mercury
discharges from nearby factories. Later, in 1962 the American Biologist Rachel Carson
published Silent Spring which emphasised the dangers of pollution, it led to a greater public
awareness on environmental issues. Governments also prohibited the use of hazardous
substances or set maximum emission levels of particular substances to ensure a minimum
environmental standard.

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In 1980, sustainable development, i.e., the fostering of economic growth while preserving the
value of the environment for future generations became a leading concept in environmental
policy making. Environmental policy making was no longer the exclusive domain of
government. Instead, private industry and non-governmental organizations assumed greater
responsibility for the environment. Also, individual people and their communities play a key
role in the effective implementation of policies.

ENVIRONMENT MANAGEMENT

Clean India, developed India!

Today the world is of nuclear arena. No one can oversee the harm caused to the environment
by the nuclear bombs, dropped by airplanes belonging to the United States on the Japanese
urban communities of Hiroshima and Nagasaki in the last phases of World War II in 1945. Day
to day innovation and advancement of technology, enlarges the risk to human life.

The main aim of environmental policy is the overall development of environment. Purpose of
environmental management is to check whether air is fit for breathing, water is fit for drinking
and soil and sea resources are fit to provide all needs. It is also expected that people are well
fed, well housed, well-educated and enjoying happy and healthy life.

The developing world’s stance towards the question of the environment has often been equated
with the argumentative comments of former Malaysian Prime Minister Mohamad Mahathir,
such as his famous lines at the Rio Conference on the Environment and Development in June
1992:

“When the rich chopped down their own forests, built their poison-belching factories and
scoured the world for cheap resources, the poor said nothing. Indeed they paid for the
development of the rich. Now the rich claim a right to regulate the development of the poor
countries…As colonies we were exploited. Now as independent nations we are to be equally
exploited”17

17
Mohamad Mahathir, Speech at United Nations Conference on Environment and Development, Rio
de Janeiro, June 13, 1992

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In June 1998, the National Environment Protection Measure (NEPM) for Ambient Air Quality
was made with the desired outcome of ambient air quality that allows for the adequate
protection of human health and well-being. The Measure requires each participating countries
to submit to NEPC a plan setting out how the jurisdiction proposes to monitor air quality for
the purposes of the Measure. On 26 June 1998, the National Environment Protection Council
(NEPC), consisting of Commonwealth, State and Territory Ministers, made the Measure on
Ambient Air Quality (hereafter referred to as the Measure). This Measure established a set of
Standards and Goal for six air pollutants, and outlined the methods by which these pollutants
are to be measured, assessed and reported.

There is no doubt that the load of adjustment to global warming will fall on the North, and that
this adjustment will have to be made in the next 10 to 15 years, and that the adjustment needed
might need to be much greater than the 50 per cent reduction from the 1990’s level by 2050
that is being promoted by the G 8. In the eyes of some specialists, what might be required is in
the order of 100 or 150 per cent reduction from 1990 levels. However, the South will also have
to adjust, proportionately less than the North but also rather severely. The South’s adjustment
will not take place without the North taking the lead. But it will also not take place unless its
leaders junk the export-oriented, high-growth paradigm promoted by the World Bank and most
economists to which its elites and many middle strata are addicted. People in the South are
open to an alternative to a model of growth that has failed both the environment and society.
For instance, in Thailand, a country distressed by the Asian financial crisis and wracked by
environmental problems, globalization and export-oriented growth are now bad words. To the
anxiety of the Economist, Thais are more and more receptive to the idea of a “sufficiency
economy” promoted by popular monarch King Bhumibol, which is an inward-looking strategy
that stresses self-reliance at the grassroots and the creation of stronger ties among domestic
economic networks, along with “moderately working with nature”.

Thailand may be an exception in terms of the leadership role for a more sustainable path played
by an elite, and even there the commitment of that elite to an alternative path is questioned by
many. What is clear is that in most other places in the South, one cannot depend on the elites
and some sections of the middle class to decisively change course. At best, they will delay. The
fight against global warming will need to be propelled mainly by an alliance between
progressive civil society in the North and mass-based citizens’ movements in the South. As in
North, the environmental movements in the South have seen their ebbs and flows. It appears

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that, as with all social movements, it takes a particular conjunction of circumstances to bring
an environmental movement to life after being quiescent for some time or to transform diverse
local struggles into one nationwide movement. The challenge facing activists in the global
North and the global South is to discover or bring about those circumstances that will trigger
the formation of a global mass movement that will decisively confront the most crucial
challenge of our times.

ENVIRONMENTAL POLICY INSTRUMENTS

Many instruments have been recognised to influence the behaviour of persons who contribute
to environmental problems. Traditionally, public policy theories have focused on regulation,
financial incentives, and information as the tools of government. However, new policy
instruments such as performance requirements and tradable permits have been used.

1. Regulation

Regulation is used to impose minimum necessities for environmental quality. Such intrusions
aim to encourage or discourage specific activities and their effects, involving particular
emissions, particular inputs into the environment (such as specific hazardous substances),
ambient concentrations of chemicals, risks and damages, and exposure. Often, permits have to
be acquired for those activities, and the permits have to be renewed from time to time. In many
cases, local and regional governments are the issuing and controlling authorities. However,
hazardous activities, such as industrial plants treating dangerous chemical substances or
nuclear power stations using radioactive fuel rods, are more likely to be controlled by a federal
or national authority.

Regulation is an effective means to prescribe and control behaviour. Detailed environmental

regulations have resulted in a considerable improvement in the quality of air, water, and land
since the early 1970s. The strengths of regulation are that it is generally binding, that includes
all persons who want to undertake an activity described in the regulation and it treats them in
the same framework. Regulations are also rigid. That can be considered as a strength, since
rigidity ensures that regulations will not change too suddenly. However, rigidity can also be
considered a weakness, because it slows down innovation, as actors seek to stay within the
letter of the law rather than creating new technologies, such as more-efficient emission
scrubbers on smokestacks that would remove more pollution than what the regulation
mandates. When regulations demand standards that are difficult or impossible to meet because

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of a lack of knowledge, skills, or finances on the part of the actors or mismanagement by
policymakers regulations will not be effective.

One common improvement in environmental regulation made since the 1970s has been the
development of performance requirements, which allow actors to determine their own course
of action to meet the standard.

2. Financial incentives

Governments can decide to stimulate behavioural change by giving positive or negative

financial incentives. For example, through subsidies, tax discounts, or fines and levies. Such
incentives can play an important role in boosting innovation and in the diffusion and adoption
of innovations. For example, in Germany the widespread subsidizing of solar energy systems
for private homeowners increased the large-scale adoption of photovoltaic (PV) panels.
Financial incentives or disincentives can also stimulate people to change. A potential drawback
of financial incentives is that they distort the market. When not used for a limited period, they
can make receivers dependent upon the subsidy. A final drawback is that subsidies are
expensive instruments, especially when they are open-ended.

3. Environmental reporting and eco-labelling

There are several instruments that aim to inform decision makers about the environmental
effects of their actions. Decisions are usually based on a cost-benefit analysis of which
environmental costs and benefits are not part. The environmental impact assessment (EIA) is
an instrument that helps public decision makers to decide on initiatives with a certain
environmental impact, such as the construction of roads and industrial plants. The EIA, which
has become a legal requirement in many countries, requires that the environmental effects of a
project, such as the building of a dam or shopping mall, be studied and that the actors be
informed of how to mitigate environmental damage and what compensation they could receive
for doing so. EIAs allow decision makers to include environmental information in a cost-
benefit analysis. Although all EIAs cannot stop initiatives from taking place, they can reduce
the negative environmental impacts.

Eco labels and certificates applied to specific products and services inform consumers about
their environmental performance. Sometimes governments require such labels and certificates,
such as the “EU Eco label” marking in Europe, which certifies that a product has met minimum
requirements for consumer safety, health, and environmental friendliness. Eco labels are often

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applied in the food industry and for energy performance in buildings (LEED standards). The
underlying assumption of eco labeling is that informed consumers buying environmentally
responsible products will stimulate industry to innovate and produce cleaner products.

4. Global policy agreements

From the early 1970s, the United Nations (UN) has provided the main forum for international
negotiations and agreements on environmental policies and objectives. The 1972 Stockholm
conference was the first international conference on environmental issues and was followed by
the United Nations Conference on Environment and Development (UNCED) summits in Rio
de Janeiro in 1992 and in Johannesburg in 2002. The UN also hosted special conferences on
climate change, such as those of 1996 in Kyoto and 2009 in Copenhagen.

Those conferences and summits responded to the global character of some of the most-
challenging environmental problems, which would require international cooperation to solve.
Those conferences were effective in setting an international agenda for regional and national
environmental policy making that resulted in treaties and protocols, also known as “hard law,”
and in nonbinding resolutions, statements, and declarations, or “soft law.”

5. Environmental policy integration

The concept of environmental policy integration (EPI) refers to the process of integrating
environmental objectives into non-environmental policy areas, such as energy, agriculture and
transport, rather than leaving them to be pursued solely through purely environmental policy
practices. This is often times particularly challenging because of the need to reconcile global
objectives and international rules with domestic needs and laws. EPI is widely recognised as
one of the key elements of sustainable development. More recently, the notion of ‘climate
policy integration’, also denoted as ‘mainstreaming’, has been applied to indicate the
integration of climate considerations (both mitigation and adaptation) into the normal (often
economically focused) activity of government.

GUIDING CONCEPTS

Over the years, a variety of principles have been developed to help policy makers.

1. DOCTRINE OF ABSOLUTE LIABILITY

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The Bhopal Case: Union Carbide Corporation v. Union Of India 18, in this case, the court
held that, where an enterprise is occupied with an inherently dangerous or a hazardous
activity and harm results to anybody by virtue of a mishap in the operation of such
dangerous or naturally unsafe movement coming about, for instance, in getaway of
poisonous gas, the enterprise is strictly and completely obligated to repay every one of
the individuals who are influenced by the accident and such risk is not subject to any
exemptions. Accordingly, Supreme Court created another trend of absolute liability
without any exemption.

2. POLLUTER PAYS PRINCIPLES

“If anyone intentionally spoils the water of another … let him not only pay damages,
but purify the stream or cistern which contains the water…” – plato
Polluter Pays Principle has become a very popular concept lately. ‘ If you make a mess,
it’s your duty to clean it up ‘- this is the fundamental basis of this slogan. It should be
mentioned that in environment law, the ‘polluter pays principle’ does not allude to
“fault.” instead, it supports a remedial methodology which is concerned with repairing
natural harm. It’s a rule in international environmental law where the polluting party
pays for the harm or damage done to the natural environment.

In the case of Vellore Citizen’s Welfare Forum v. Union of India 19, the Supreme Court
has declared that the polluter pays principle is an essential feature of the sustainable
development.

3. PRECAUTIONARY PRINCIPLE
The Supreme Court of India, in Vellore Citizens Forum case, developed the following
three concepts for the precautionary principle –
Environmental measures must anticipate, prevent and attack the causes of
environmental degradation.
Lack of scientific certainty should not be used as a reason for postponing measures .
Onus of proof is on the actor to show that his action is benign.

18
AIR 1990 SC 273
19
AIR 1996 SCC 212

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 4. PUBLIC TRUST DOCTRINE
The public trust doctrine primarily rests on the principle that certain resources like air,
water, sea and the forests have such a great importance to people as a whole that it
would be wholly unjustified to make them a subject of private ownership.
M.C. Mehta v. Kamal Nath and Others 20, the public trust doctrine, as discussed by court
in this judgment is a part of the law of the land.

5. DOCTRINE OF SUSTAINABLE DEVELOPMENT

The world commission on environment and development (wced) in its report
prominently known as the ‘brundtland report’, highlights the concept of sustainable
development. As per brundtland report, sustainable development signifies
“development that meets the needs of the present without compromising the ability of
the future generations to meet their own needs”. 21 There is a need for the courts to strike
a balance between development and environment.

In Rural Litigation and Entitlement Kendra v. State of UP 22, the court for the first time
dealt with the issue relating to the environment and development; and held that, it is
always to be remembered that these are the permanent assets of mankind and or not
intended to be exhausted in one generation.
In Vellore Citizen’s Welfare Forum 23, In this case, the Supreme Court observed that
sustainable development has come to be accepted as a viable concept to eradicate
poverty and improve the quality of human life while living within the carrying capacity
of the supporting eco- system.
In Narmada Bachao Andolan v. Union of India24 and observed that: “Sustainable development
means what type or extent of development can take place, which can be sustained by
nature/ecology with or without mitigation.”

JUDICIAL REMEDIES FOR ENVIRONMENT POLLUTION

20
(1997)1 SCC 388.
21
S .Shanthakumar, ENVIRONMENTAL LAW AN INTRODUCTION, pp. 122, 123, Chennai: Surya
Publication, (2001)
22
AIR 1987 SC 1037
23
AIR 1996 5 SCC 647
24
Narmada Bachao Andolan vs. Union of India, AIR 2000 SC 3751.

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The remedies available in India for environmental protection comprise of tortuous as well as
statutory law remedies. The tortuous remedies available are trespass, nuisance, strict liability
and negligence. The statutory remedies incorporates: Citizen’s suit, e.g.,

 an activity brought under Section 19 of the Environmental (Protection) Act, 1986,

 an activity under area 133, Criminal Procedure Code, 1973.
 and activity brought under the Section 268 for open irritation, under Indian Penal
Code,1860

Apart from this, a writ petition can be filed under Article 32 in the Supreme Court of India or
under Article 226 in the High Court.

In the case of Shriram Gas Leak, involving a leakage of Oleum gas which resulted in
substantial environmental harm to the citizens of Delhi, the Apex court held that the quantum
of damages awarded must be proportionate to the capacity and magnitude of the polluter to
pay. However, the Apex Court has deviated from this test in the Bhopal Gas Traged.25 The
doctrine of strict liability has considerable utility in environmental pollution cases especially
cases dealing with the harm caused by the leakage of hazardous substances.26

Article 21 guarantees “right to life” and says that no person shall be deprived of his life and
personal liberty, except according to procedure established by law. The right to life under
Article 21 of the Indian Constitution has been interpreted in such a way by the judiciary in
India that now it includes the right to healthy environment.

In the instant case of Ratlam Municipal Council v. Vardhichand27, the judgment of the
Supreme Court is a land mark in the history of judicial activism in upholding the social justice
component of the rule of law by fixing liability on statutory authorities to discharge their legal
obligation to the people in abating public nuisance and making the environmental pollution
free even if there is a budgetary constraints., J. Krishna Iyer observed that, “social justice is
due to and therefore the people must be able to trigger off the jurisdiction vested for their

25
ROLE OF THE SUPREME COURT IN THE PROTECTION OF THE ENVIRONMENT, available at
urisonline.in/2010/…/role-of-supreme-court-in-environment-protection.
26
AIR 1990 SC 273
27
AIR 1980 SC 1622

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benefit to any public functioning.” Thus he recognized PIL as a Constitutional obligation of
the courts.

In the case of Narmada Bachao Andolan v. Union of India and Ors28., the Supreme Court of
India upheld that “Water is the basic need for the survival of human beings and is part of the
right to life and human rights as enshrined in Article 21 of the Constitution of India … and the
right to healthy environment and to sustainable development are fundamental human rights
implicit in the life.”

SUSTAINABLE DEVELOPMENT

Sustainable development has been well-defined in many ways, but the most repeatedly quoted
definition is from Our Common Future, also known as the Brundtland Report:

"Sustainable development is development that meets the needs of the present without
compromising the ability of future generations to meet their own needs."

Sustainability is development that satisfies the needs of the present without compromising the
capacity of future generations, guaranteeing the balance between economic growth, care for
the environment and social well-being.

Sustainable development is a concept that appeared for the first time in 1987 with the
publication of the Brundtland Report, warning of the negative environmental consequences of
economic growth and globalization, which tried to find possible solutions to the problems
caused by industrialization and population growth.

SUSTAINABLE DEVELOPMENT GOALS

As a part of a new sustainable development roadmap, the United Nations approved the 2030
Agenda, which contains the Sustainable Development Goals, a call to action to end poverty,
protect the planet and guarantee the global well-being of people.

Ratified by all member states, this roadmap seeks to:

 Eradicate poverty and hunger, guaranteeing a healthy life

 Universalize access to basic services such as water, sanitation and sustainable energy

28
Vrinda Narain,WATER AS A FUNDAMENTAL RIGHT : A PERSPECTIVE FROM INDIA Vol. 34 available
at www.vjel.org/docs/Narain_Water_Draft.pdf

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  Support the generation of development opportunities through inclusive education and
decent work
 Foster innovation and resilient infrastructure, creating communities and cities able to
produce and consume sustainably
 Reduce inequality in the world, especially that concerning gender
 Care for the environment combating climate change and protecting the oceans and land
ecosystems
 Promote collaboration between different social agents to create an environment of
peace and sustainable development.

ACCIONA IN THE AREA OF SUSTAINABILITY

ACCIONA’s sustainability strategy is enforced through its Sustainability Master Plan (SMP).
ACCIONA’s obligation to sustainability can be understood as the support for social progress,
environmental equilibrium and economic growth, and is replicated in our contribution to the
achievement of the Sustainable Development Goals (SDGs). These common objectives,
defined by the United Nations, need the active involvement of companies, as well as many
other agents. ACCIONA contributes to the Sustainable Development Goals through voluntary
activities that have an immediate positive impact on society and help in the progress toward
each of the 17 goals. Even more, the company has adopted 4 objectives that articulate the
ACCIONA's business model strategy.

Background

Sustainable Development is defined as “development that meets the needs of the present
without compromising the ability of future generations to meet their own needs” in the World
Commission on Environment and Development in 1987. Sustainable Development has
emerged as the guiding principle for long-term global development. Consisting of three pillars,
sustainable development seeks to achieve, in a balanced manner, economic development, social
development and environmental protection.

In 1992, the international community gathered in Rio de Janeiro, Brazil, to discuss means to
operationalize sustainable development. During this so-called Rio Earth Summit, world leaders
adopted Agenda 21, with specific action plans to realize sustainable development at national,
regional and international levels. This was followed in 2002 by the World Summit on
Sustainable Development, which adopted the Johannesburg Plan of Implementation. The Plan

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of Implementation built upon the progress made and lessons learned since the Earth Summit,
and provided for a more focused approach, with concrete steps and quantifiable and time-bound
targets and goals.

In 2012, twenty years after the landmark Earth Summit, world leaders will gather once again
in Rio de Janeiro to:

1) Secure renewed political commitment to sustainable development;

2) Assess the progress the implementation gaps in meeting already agreed commitments; and

3) Address new and emerging challenges.

The UN Conference on Sustainable Development, or Rio+20 Earth Summit, will focus on two
themes:

1) Green economy in the context of sustainable development and poverty eradication and

2) Institutional framework for sustainable development.

The Office of the President of the General Assembly will continue to seek ways to support the
ongoing intergovernmental efforts on sustainable development, including the preparatory
process for the Rio+20 Earth Summit and the implementation of the Mauritius Strategy for the
Further Implementation of the Programme of Action for the Sustainable Development of Small
Island Developing States.

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 CONCLUSION

Clean India; Green India should be our dream India.

Environmental pollution is a major problem in every parts of the world, which requires the
policy makers to employ some mitigation strategies. The developed economies such as the
United States contribute significantly towards environmental pollution because of the high
number of factories and industries that release harmful gases into the atmosphere. These
economies consume energy heavily, thus leading to environmental pollution. This shows that
depletion of natural resources in these countries is very high. The emerging economies also
contribute significantly to environmental pollution, but lesser than the developed ones. The
developing economies such as Ethiopia pollute the environment at a slower rate than the
developed economies. These countries have fewer factories and industries, which make them
to release lesser harmful gases into the atmosphere as compared to other countries. However,
poverty rates in these countries are higher than developed countries because of the few
employment opportunities. It is important to regulate the rates at which countries pollute the
environment in order to prevent its harmful effects such as global warming.

The Supreme Court from time to time stretch the different legal provisions for environmental
protection. In this way, the judiciary tries to fill in the gaps in the legislation. These new
developments in India by the judicial activism open the numerous approaches to help the
country. In India, the courts are extremely cognizant and cautious about the special nature of
environmental rights, considering that the loss of natural resources can’t be renewed.

In India, media is the fourth pillar of the democratic government. It plays an essential and
compelling part in the general improvement of the country. The effect of media can be seen in
the different trials directed by it just by publishing them in their media. Accordingly, the issue
of environmental pollution can be dealt effectively with the help of the media. The persuasive
agency of correspondence not just influences the mind of the individuals but is also capable of
developing thoughts and desirable attitudes of the people for protecting environment.

There is no means for any law, unless it’s an effective and successful implementation, and for
effective implementation, public awareness is a crucial condition. Therefore, it is essential that
there ought to be proper awareness. This contention is additionally maintained by the Apex
Court in the instance of M.C. Mehta v. Union of India. In this case, Court directed the Union

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Government was obliged to issue directions to all the State governments and the union
territories to enforce through authorities as a condition for license on all cinema halls, to
obligatory display free of expense no less than two slides/messages on environment amid each
show. Moreover, Law Commission of India in its 186th report made a proposal for the
constitution of the environment court. Hence, there is an urgent need to strengthen the hands
of judiciary by making separate environmental courts, with a professional judge to manage the
environment cases/criminal acts, so that the judiciary can perform its part more viable.29

“Pledge for cleanliness to show your keenness to clean India!”

29
M.V Ranga Rao, ROLE OF JUDICIARY IN ENVIRONMENTAL PROTECTION,p.9, vol.3, Supreme Court
Journal, September- December, (2001).

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