the principle of sustainable development is very significant environmental principle developed through various international treaties and now became the part of Indian environmental jurisprudence.

1. Sustainable Development
Laws and Judicial Response in India
Dr. Sufiya Ahmed
Assistant Professor
Department of Law
B.B.Ambedkar University, Lucknow
Email: sufi.bbau@gmail.com

3. “The traditional concept that development and ecology are
opposed to each Other, is no longer acceptable. ‘Sustainable
Development' is the answer”
-Justice Kuldip Singh

4. Outline
• Conceptualization
• Legal Status (ISDL)
• S.D. in India
• Response of Judiciary
• Conclusion

5. Introduction
• Principle of Absolute sovereignty over natural resources
• Excess exploitation of natural resources
• Led to global warming, ozone depletion, water and air
pollution and loss of biodiversity
• Need for a prudent use of natural resources
• Proper balancing of environmental claims of present and
future generation
• Environmental conservation and economic development
• Paper includes the study of the fundamental Indian statutory
provisions relating to the environment and provisions and
objectives of international conventions, protocols etc.,
interpretation of the existing law and legal reforms required to
strengthen the courts to resolve environmental matters.

6. Concept and its Evolution
• Sustainable Development can be defined
simply as the “process of overall development
of the society, the momentum of which can be
sustained till eternity.”
-Justice Y.K. Sabarwal

7. Sustainability
• Over 2000 years ago, the Greek philosopher Aristotle
used the spirit of sustainability- ("Oikonomia“ )-
Oikonomia is defined by Daly and Coob as "The Management
of household" so as to increase its value to all members of the
household over the long run.
• Dictionary meaning: sustainability is the amount or
degree to which the earth's resources may be exploited
without deleterious effects
• Three pillars:
• Environmental sustainability
• Economic sustainability
• Socio political sustainability

8. Fundamental Changes Required for
Sustainability
• Changes in “developed” lifestyles
– Use of energy
– Goods production
– Consumption
– Transportation
– Generation of Waste
8

9. Evolution and conceptualization
• Stockholm – doesn’t use the term but first agreement based on the concept-
stressing the need to defend and improve the environment for present and future generations as an
imperative goal for mankind.
• World commission on environment and development- (our common
future)defined the term in its report our common future as a process: that
“meets the needs of the present without compromising the ability of future
generation to meet their own needs.” The report indicates that sustainable
development doesn’t require only a balance between environmental
conservation and economic development but it also includes a strong
emphasis on poverty and intergenerational equity. It contains within it two
key concepts:
• The concept of ‘needs’, in particular the essential needs of the world’s poor,
to which overriding priority should be given; and
• The idea of limitation imposed by the state of technology and social
organization on the environment’s ability to meet present and future needs.

10. Continue……
• Rio - proclaimed through its Fourth Principle
that “environmental protection shall constitute
an integral part of the development process”.
P. 3 proclaims that the right to development
must be equitable to the developmental and
environmental needs of present and future
generatiions

11. Evolution……….
• Framework convention on climate change: art
3.- the parties should protect the climate system for the
benefit of present and future generations of mankind, on the
basis of equity and in accordance with their common but
differentiated responsibilities and respective abilities…..
• UN Commission on sustainable Development:
aimed at enhancing the International cooperation and for
rationalizing the “inter-governmental decision making capacity for
the integration of environment and development issues”.
• The Kyoto Protocol:
providing that industrialized nations should adopt legally binding
emission limits on greenhouse gases, Protocol took the significant
step of moving from voluntary to binding commitments.

12. Continue……
• Johannesburg Declaration :
• reaffirmed the International commitment to Sustainable
Development. The Declaration on sustainable development
and the plan of Implementation neither articulates any new
principle nor do they specify any further policymaking,
however they reaffirms and refine the core principal of
sustainable development and identifies economic
development, social development and environmental
protection as three ‘interdependent and mutually reinforcing
pillars of sustainable development’ .
• Johanesburg Declaration on Sustainable Development, UN Doc
A/CONF 199/20, para 5,

13. of three constituent parts.
Three pillar of
sustainable
development
Scheme of sustainable development: at the confluence

14. Some definitions of S.D.
• Acc. to the World Wildlife Fund (WWF, 1985)
sustainable development is management of human use of the biosphere,
taking into account ecological relationships as well as social and economic
factors.
• Turner (1988) said, Sustainable Development involves, mixing the net benefits
of economic development, subject to monitoring the services and quality of
natural resources over time.
• Acc. to Wright (1995), sustainable Development is 'a process of
transformation that increasingly incarnates God's purpose of love for all
creation. It meets the essential needs of people but also hope for improved
quality of life. It is a progressive transformation of the situation or problem it
addresses'.
• word sustainable has been used in too many situations today, and ecological
sustainability is one of those terms that confuse a lot of people. You hear
about sustainable development, sustainable growth, sustainable economies,
sustainable societies, sustainable agriculture. Everything is sustainable
(Temple, 1992).

15. Component of Sustainable Development
1. Integration of environmental protection and
economic development
Principle 4 of the Rio Declaration- environmental protection shall constitute
an integral part of the development process and cannot be considered in
isolation from it. The object of this article is to ensure that
developmental policies do not disregard environmental considerations.
 Agenda 21- refers to the more systematic consideration of the
environment when decisions are made on economic, social, fiscal, energy,
agricultural, transportation, trade and other policies.
 Gabcikovo- Nagymaros Case- The need to integrate environmental
protection and economic development was considered by the ICJ as one
of the decisive elements, even for activities begun in the past.

16. Component of Sustainable Development…
2. The Right to Development
Principle 3 of the Rio Declaration- Principle 3 of the Rio Declaration
provides about ‘right to development’ but also emphasized that it should be
fulfilled so as to meet equitably the developmental and environmental
needs of present and future generations.
• Declaration on the Right to Development,- This
right to development requires ‘full respect for the principle of
international law concerning friendly relations and co-
operation among states in accordance with the Charter of the
United Nations’

17. Component of Sustainable
Development…
3. Sustainable utilization and conservation of natural resource
• Principle 8 of Rio Declaration- provides for the need to reduce and
eliminate unsustainable patterns of production and consumption.
• The Convention on Biological Diversity - define the term
sustainable use as ‘use …. in a way and a rate that does not lead to
long term decline of biological diversity.’
• The Icelandic Fisheries Cases- also support the existence of a
customary obligation to co-operate in the conservation and
sustainable use of the common property resources of the high seas.

18. Component of Sustainable
Development…
4. Inter and intra generational equity
• Principle 3 of the Rio Declaration as “the right to development must be fulfilled so as to equitably
meet developmental and environmental needs of present and future generations.”
• Defined as ‘members of the present generation, we hold the earth in trust for future generations.’
Edith Brown Weiss, “ Our Rights and Obligations to Future Generations” 84 AJIL 198, 199 (1994)
• The Convention on Biological Diversity and Agenda 21 also explicitly stress the need for
intergenerational equity
• The Legality of Nuclear Weapons Case “the use of nuclear weapons would be of serious danger to
future generations. Ionizing radiation has the potential to damage future environment, food and
marine ecosystem, and to cause genetic defects and illness in future generations.” ICJ Reports
(1996) 4
• Minors Oposa Case- wherein the court has recognized for the first time the representation of the
future generation through the present generation on the basis of the principle of intergenerational
equity. The observation of the court is quite significant that as
• “ we find no difficulty in ruling that they can, for themselves, for others of their generation and for
the succeeding generations, file a case suit. Their personality to sue on behalf of the succeeding
generations can only be based on the concept of intergenerational responsibility in so far as the right
to a balanced and healthy ecology is concerned. Such a right, as hereinafter expounded, considers the
rhythm and harmony of nature.”

19. Legal Status of S.D. (ISDL)
• Sustainable development law refers to all treaties and laws that are
concerned with the broader process of development as opposed to the
narrower focus on economic development. The need for international law
for sustainable development was firstly identified in 1992 in Agenda 21.
• Agenda 21- global partnership for S.D.
• Commission on S.D. (role is assessing national report on
implementation of agenda 21)
• Under Principle 27 of Rio- The international community has
given its commitment to the “further development of international
law on sustainable development, giving special attention to the
delicate balance between environmental and developmental
concerns.”
• Gabcikovo- Nagymaros Case- (modernizing international watercourses
law)

20. Legal Status (ISDL)……….
• The International Law Association Committee on the Legal Aspects of Sustainable
Development- The International Law Association Committee on the Legal Aspects
of Sustainable Development has elaborated a set of principles of International law
for sustainable development. Some of the principles are:
• Sovereignty over natural resources and duty of sustainable use of natural
resources
• The principle of observance of human rights
• Inter- and intra- generational equity
• Common but differentiated obligations and the recognition of the special needs
and interests of economies in transition and least developed countries and people
• Common heritage and common concern of mankind
• Precaution
• The duty to co-operate for global development and protection of the environment
• Public participation and access to information and justice
• Good governance
• Report of the Expert Group on Identification of Principles of International Law for
Sustainable development (London: ILA, 1995)

21. INTERNATIONAL LAW FOR SUSTAINABLE DEVELOPMENT:
Centre for International Sustainable
Development Law
International Development Law Organization
International Law Association
with support from UNEP Legal, World Bank Legal, United Nations Treaty Secretariat,
and links to many University Law Faculties and Academies around the world.
IDLO

22. 2002 New Delhi ILA Principles
• 1. The duty of States to ensure sustainable use of natural
resources
• 2. The principle of equity and the eradication of poverty
• 3. The principle of common but differentiated
responsibilities
• 4. The principle of the precautionary approach
• 5. The principle of public participation, access to
information and to justice
• 6. The principle of good governance
• 7. The principle of integration and interrelationship, in
particular in relation to human rights and social, economic
and environmental objectives

23. Sustainable Development in India
• "Earth, provides enough to satisfy every
man's need but not every man's greed".
-Gandhijee'

24. Sustainable Development in India
• To quote the words of former Prime Minister of
India, Late Mrs. Indira Gandhi at the Stockholm
Conference in 1972 "Higher standard of living
must be achieved without disposing nature of its
beauty, freshness and purity, so essential to our
lives.
• In 1972, the then Prime Minister, of India, Mrs.
Indira Gandhi emphasized, at the UN Conference
on Human Environment at Stockholm, that the
removal of poverty is an integral part of the goal
of an environmental strategy for the world

25. S.D. in India
• 50 crores people are living in rural areas
• From a population of 100 crores 70 percent of
are poor
• There is no real investment in agriculture

26. EMERGING INDIA
• Fast becoming a “METALS SOCIETY”
• Consistent, Impressive GDP Growths
• More Investments in Infrastructure &Construction
• Increasing Production Automobiles, Appliances etc
• Increased Buying Power
• Aspiration for Higher Standards of Living
• Common use of Electronic Gadgets,
Toys, Appliances, Batteries, Ornaments,
Invertors etc., etc.,
• Per capita usage, of metals, much higher now

27. Pollution in River Ganges

28. Industrial pollution in India

29. Pollution in New Delhi

30. Plastic pollution in India

31. Vehicular growth in India

32. Sustainable development in India:
how to achieve
• Poverty eradication
• Changing unsustainable pattern of
consumption and production
• Protecting and managing natural resource
base of economic and social development
• Health – traditional medicine
• Science and education
• Role of women

33. Response of Judiciary

34. Response of Judiciary
• There are constitutional provisions under articles 48A
and 51A (g) recognizing the fundamental obligation of
the state and the Fundamental Duty of the citizens to
protect and improve the environment
• implementation of sustainable development is a
formidable task for the Indian courts
• Role of the public interest litigation
• the judiciary in India has demonstrated exemplary
activism to read sustainable development along with its
essential components in the constitution and also
specialized environmental legislation.

35. • The first concrete application of sustainable
development theory arose in the state of himachal
Pradesh v. ganesh wood products(1995) 6 SCC 363
• where supreme court held that the government could
not allow the approval of new industries in the state
where the industries sought to use the forest products
collected by mechanized units as the units had a
deleterious effect on forest wealth, ecology and the
environment. The Supreme Court also held such
approval to be contrary to established considerations of
sustainable development

36. • The first case is Rural Litigation and Entitlement
Kendra v. State of U. P. AIR 1985 SC 652
• wherein the exploitation of limestone from Himalayas
and its adverse effect on the ecology and environment
came up for consideration. While ordering the closure
of some of the limestone quarries, the court observed:
• This would undoubtedly cause hardship to them, but
it is a price that has to be paid for protecting and
safeguarding the right of the people to live in healthy
environment with minimal disturbance of ecological
balance.

37. • In Indian Council for Environ-Legal Actions v. union of India, AIR 1996 SC 1446.
• public interest litigation was initiated by a non government organization on behalf
of people living in Bichhri viollage in Rajasthan, wherein it was brought to light that
chemical manufacturing companies gave rise to enormous quantities of highly
toxic effluents, namely gypsum based and iron based sludge. The toxic sludge was
thrown in the open and the sub-terrancean supply of water, rendering it unfit for
human consumption and also for irrigation purposes. The soil, the main stay or the
villagers also became polluted rendering it unfit for cultivation. The Supreme Court
upheld the liability of the po0lluter to defray costs of remedial measures and
directed the Central Government to determine amount required for remedial
measures which would be paid by the chemical manufacturing companies. The
supreme Court observed that the ‘polluter pays principle’ was universally accepted
as sound principle and went on to apply the principle to hold the chemical
manufacturing companies liable to bear the financial costs of preventing and
remedying the damage caused by pollution. However, the Court did not rule on
the issue of compensation to the victims of pollution and focused on ecological
remediation measures alone.

38. • In Vellore Citizens Welfare Forum v. Union of India, AIR 1996 SC 2715.
• it was found that a number of tanneries in Tamilnadu discharged untreated
effluents into agricultural fields, water-ways and open lands. The untreated
effluents were finally discharged into the river which was the main source of water
supply to the residents. It was the first case in which the Supreme Court discussed
the principle of sustainable development from a theoretical standpoint. In
response to the contention that the industries could not be shut down given the
contribution of leather tanneries to the economy, the court held:
• “While industries are vital for the country’s development, but having regard to
pollution caused by them, the principle of sustainable development is to be
adopted as a balancing concept…… Though the leather industry is of vital
importance to the country as it generates foreign exchange and provides
employment avenues, it has no right to destroy ecology, degrade the
environment and pose a health hazard.”

39. Cont…
• the Supreme Court gave its own understanding of sustainable development, and
this has since fuelled subsequent law-making in this regard:
• “the traditional concept that development and ecology are opposed to each
other is no longer acceptable. It has come to be accepted that, internationally as
a viable concept to eradicate poverty and improve quality of human life while
living within the carrying capacity of supporting ecosystems. Essential features of
sustainable development are the polluter pays principle and precautionary
principle.”
• The Supreme Court held that the concept of ‘sustainable development was
accepted as a part of the customary international law to strike a balance
between ecology and department. It was further held that the
‘precautionary principle’, and the ‘polluter payers principle’ constituted
essential features of ‘sustainable development’.

40. • In consumer research and education centre v. union of
india (2000) 2 SCC 599
• the petitioner filed a public interest litigation against the
alteration of boundaries of the chinkara sanctuary to
allowing mining within the sanctuary. The court held:
• “Where an attempt is made by state legislature to
balance the need for environmental protection and the
need for economic development of an impoverished
backward area, it would be improper to apply the principle
of prohibition…. Instead the court would apply the
principles of sustainable development, precaution and
intergenerational.”

41. • In M. C. Mehta v. Union of India , AIR 2002 SC 1696
• the Supreme Court was faced with the problem of vehicular pollution and
regretted inaction of the union of India and other governmental authorities to
phase out non- CNG buses and setting up facilities to ensure adequate supply of
CNG. The Supreme Court stated that one of the principles underlying
environmental law is that of sustainable development. In order to satisfy the
sustainable development, the court required that the auto policy must, therefore;
(a) focus upon measures to anticipate, prevent and attack the causes of
environmental degradation in this field; (b) in the absence of adequate
information, lean in favour of environmental protection by refusing rather than
permitting activities likely to be detrimental; (c) adopt the precautionary principle
and thereby, ensure that unless an activity is proved to be environmentally benign
in real and practical terms, it is to be presumed to be environmentally harmful; (d)
make informed recommendations which balance the needs of transportation with
the need to protect the environment and reserve the large degradation that has
resulted over the years, priority being given to the environment over economic
issues.

42. • In M. C. Mehta v. Union of India, (2004) 12 SCC 118
• the Supreme Court was faced with the issue of pollution caused by mining
activities. The court, while balancing environment and development, had to say:
• Development and protection of environment are not enemies. If without
degrading the environment or minimizing adverse effects thereupon by applying
stringent safeguards, it is possible to carry on development activity applying the
principles of sustainable, in that eventually, development has to go on because
one can lose sight of the need for development of industries, irrigation resources
and power projects etc. including the need to improve employment
opportunities and the generation of revenue. A balance has to be stuck.
• In this case the Court also insisted on the application of precautionary and polluter
pays principles and observed:
• If an activity is allowed to go ahead, there may be irreparable damage to the
environment and if it is stopped, there may be irreparable damage to economic
interest. Precautionary principle requires anticipatory action to be taken to
prevent harm. The harm can be prevented even on a reasonable suspicion. It is
not always necessary that there should be direct evidence of harm to the
environment.

43. • In N. D. Jayal v. Union of India,(2006) 3 SCC 362
• the Supreme Court evolved a new dimension of the right to life and personal
liberty guaranteed by article 21, the right to development. In view of this the court
was faced with the problem how to balance both the rights that of environment
and development. ;this conflict has been solved by the Court in the following
words:
• The adherence to sustainable development is sine qua non for the maintenance
of the symbiotic balance between the rights to environment and development.
The right to environment is a fundamental right. On the other hand, right to
development is also one. There right o sustainable development can not be
singled out. Therefore, the concept of sustainable development is to be treated
as an integral part of ‘life; under Article 21. The weighty concepts like
intergenerational equity, public trust doctrine and precutionnary principle which
have been declared as inseparable ingredients of our environmental
jurisprudence, could only be nurtured by ensuring sustainable development.
• In this case the court warned that if the environmental legislation is not armed
with the powers to ensure sustainable development, it will become a barren shell.
;the court finally suggested that acknowledgement jurisprudence and
constitutional resolve.

44. • In Bombay Dyeing and Mfg. Co. Ltd. v. Bombay
Environmental Action Group.(2004) While balancing on
the one hand ;the deregulation of town planning in favour
of environment; and on the other, the development
process out that it must not be forgotten that before
constructions are allowed to be commenced and
completed, the exercise for environmental impact
assessment is mandatorily required to be done by the
competent authority consisting of experts. Therefore the
Supreme Court held that in appropriate cases the court
can monitor implementation of constitutional policy of
sustainable development upon directing the state to
appoint expert committees.

45. • In Narmada bachao Andolam v. Union of India (AIR 2000
SC 3751)
• a public interest litigation was imitated against Sardar
Sarovar Project which consisted of the construction of a
large dom on Narmada river. The petition alleged that
project would lead to ecological destruction. On the other
hand, was submitted that there would be a positive impact
on preservation of ecology as a result of the project. ;the
project would make positive a contribution for preservation
of environment in several ways. The Supreme Court
balanced environmental and developmental imperatives
and in the balancing process, the court introduced new
dimension in ‘precautionary principle’ by way
interpretation.

46. Conclusion
• State should be held internationally accountable for achieving
sustainability, whether globally or internationally
• Environment and sustainable development are two sides of
the same coin. Any one of these cannot be sacrificed for the
other.
• Priority should be given to the improving the conditions of the
world’s poorest and decisions should account for the rights of
future generation,

47. We have to achieve……..

48. Green Earth