4(A) Laws of Sustainable Development (1).pdf

4(A) Laws of Sustainable Development A. Introduction What is Sustainable Development? Sustainable Development is defined as economic development that meets the needs of the present without compromising the ability of the future generations to meet their own needs. (United Nations General Assembly, 1...

4(A) Laws of Sustainable Development A. Introduction What is Sustainable Development? Sustainable Development is defined as economic development that meets the needs of the present without compromising the ability of the future generations to meet their own needs. (United Nations General Assembly, 1987) The aim of sustainable development is to achieve long term economic growth by lowering the impact on the environment by reducing air, water and soil pollution, so that a better life is ensured for the future generations. Few examples of sustainable practices are harnessing solar energy to reduce pollution in the environment and planting different types of crops on the same land on a rotational basis for improving soil fertility. What is Sustainable development in law? What are Sustainable Development Goals (SDGs)?- protect the planet, Sustainable development is an approach to economic planning that attempts to foster economic growth while preserving the quality of the environment for future generations. The Sustainable Development Goals (SDGs) are a collection of 17 interlinked goals that provide a shared blueprint for peace and prosperity for people and the planet, now and into the future. SDGs are also known as Global Goals. The SDG framework was adopted by the United Nations in 2015 as a universal call for action to: - - end poverty, and ensure that all people enjoy peace and prosperity by 2030. To achieve SDGs, the creativity, knowhow, technology and financial resources from all of society are necessary. UNIT I Law and Sustainable Development The 17 sustainable development goals (SDGs) to transform our world are: GOAL 1: No Poverty GOAL 2: Zero Hunger GOAL 3: Good Health and Wellbeing GOAL 4: Quality Education GOAL 5: Gender Equality GOAL 6: Clean Water and Sanitation GOAL 7: Affordable and Clean Energy GOAL 8: Decent Work and Economic Growth GOAL 9: Industry, Innovation and Infrastructure GOAL 10: Reduced Inequality GOAL 11: Sustainable Cities and Communities GOAL 12: Responsible Consumption and Production GOAL 13: Climate Action GOAL 14: Life Below Water GOAL 15: Life on Land GOAL 16: Peace and Justice Strong Institutions GOAL 17: Partnerships to achieve the Goal Stockholm Declaration, 1972- The Stockholm Convention is a global treaty that aims to protect human health and the environment from the effects of persistent organic pollutants (POPs). It was the first convention to discuss environmental issues on a global scale. The declaration proclaims truths relating to man and the environment such as man is the creator and moulder of his surroundings. The declaration also reiterates the importance of preservation of the environment. B. Initiatives Under International Scenario (a) Rio Declaration 1992- Agenda 21 The United Nations Conference on Environment and Development (UNCED), also known as the ‘Earth Summit’ was held in Rio de Janerio, Brazil in 1992. The Conference marked the 20th anniversary of the first ever International Human Environment Conference in Stockholm, Sweden, 1972. The Conference was attended by representatives from 179 countries to discuss the impact of human socio-economic activities on the environment. The objective of Rio ‘Earth Summit’ was to formulate a blueprint for global action on environment and development issues. It recognised that integrating and balancing the economic, social and environmental concerns in meeting our needs is vital for sustaining human life on the planet Earth. This triggered action on part of governments from across the globe on how to ensure sustainability with development. The Earth Summit resulted in some major actions by countries from across the globe in the form of conventions and resolutions. To name a few: Agenda - 21 UNFCCC - United Nations Framework Convention on Climate Change Convention on Biological Diversity The Declaration on the Principles of Forest Management Commission on Sustainable Development (b) Agenda 21 Agenda 21 was one of the most daring programs calling for action strategies. It focussed on new methods of education, new ways of preserving natural resources and new ways of participating in a sustainable economy. The implementation of Agenda -21 was reaffirmed in the World Summit on Sustainable Development held in Johannesburg, in 2002. Agenda 21 focuses on Community Participation as one of the major prerequisites for sustainable development. Attaining sustainability therefore requires addressing the fundamental issues and challenges pertaining to development at local, regional and global levels simultaneously by all segments of society. Thus the key objective of sustainable development being, to improve human well-being and to sustain these improvements over a period of time, remains the focus of Agenda - 21. C. Provisions Under Indian Constitution: (a) Constitution of India: The Constitution of India under Article 21 enshrine the ‘Right to Life’. This article in its wider interpretation encompasses ‘Right to clean environment’ as an important facet of ‘life’. Further, Article 38 shoulders the State with the responsibility of maintaining social order for ensuring a welfare state. This is only possible with the people living in a pollution free environment. Article-48A, inserted by the 42nd amendment to the Constitution of India, states “Protection and improvement of environment and safeguarding of forests and wild life- The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country’. It requires the State to adopt the Protectionist policy as well as Improvinistic Policy. Protectionist policy imposes ban on those things which lead to environmental degradation, e.g. ban on use of leaded petrol, ban on use of plastic bags etc. Improvinistic policy refers to alternatives that can be used for improvement of environment, e.g. use of CNG or low sulphur fuel, tree plantation in industrial areas etc. A duty has also been imposed on all citizens to protect our environment. Article-51A(g) of the Indian Constitution says: “It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.” (b) Legal Mechanism The Constitution of India clearly endows a duty on the State to “protect and improve the environment and to safeguard the forests and wildlife of the country”. To strengthen environment protection at grassroot level it further imposes fundamental duty on every citizen “to protect and improve the natural environment including forests, lakes, rivers, and wildlife”. The State, indispensably has been directed by way of provision under Part III and Part IV to ensure the protection of environment by suitable legislations, regulations and otherwise. The Honorable Supreme Court in K. M. Chinnappa v. Union of India defined “Environmental Law” as an instrument to protect and improve the environment and control or prevent any act or omission polluting or likely to pollute the environment. It is with the enactment of Environment Protection Act, 1986 that a concrete step has been taken for combating modern day challenges in environment protection and improvement. Prior to the enactment of the Act, environment protection regime was more ‘regulatory’ in nature. At present, environment protection in India comprises of the following legislations and regulatory bodies. (c) Legal Framework 1. 2. 3. 4. 5. 6. Environment Protection Act, 1986 Air (prevention and control of Pollution) Act, 1981 Water (prevention and control of Pollution) Act, 1974 The Noise Pollution (Regulation and Control) Rules, 2000 National Green Tribunal Act, 2010 Energy Conservation Act, 2001 D. Environment Protection Act, 1986 In the wake of the Bhopal Tragedy, the Government of India enacted the Environment Protection Act of 1986 under Article 253 of the Constitution. The purpose of the Act is to implement the decisions of the United Nations Conference on the Human Environment, relating to the protection and improvement of the human environment and the prevention of hazards of human activities for economic development to human beings, other living creatures, plants and property. The Act is an “umbrella” legislation designed to provide a framework for the central government to coordinate the activities of various central and state authorities established under previous laws, such as the Water Act and the Air Act. India, like any other developing nation, is facing an alarming concern in environmental degradation due to economic activities. Control mechanisms to guard against slow, insidious build up of hazardous substances, especially new chemicals, in the environment are weak. E. Pollution Control Board (a) The Central Pollution Control Board: The Central Pollution Control Board is a statutory organisation under The Ministry of Environment and Forest Protection. It is constituted under the Water (Prevention and Control of Pollution) Act, 1974. Principal Functions of the CPCB have been spelt out in the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981. Its broad functions include promoting cleanliness of streams and wells in different areas of the States by prevention, control and abatement of water pollution, and by improving the quality of air and to prevent, control or abate air pollution in the country. However, if we analyse the functions in detail, they may be summarised as follows: Advise the Central Government on any matter concerning prevention and control of water and air pollution and improvement of the quality of air; Plan and cause to be executed a nation-wide program for the prevention, control or abatement of water and air pollution; Coordinate the activities of the State Board and resolve disputes among them; Provide technical assistance and guidance to the State Boards, carry out and sponsor investigation and research relating to problems of water and air pollution, and for their prevention, control or abatement; Plan and organise training of persons engaged in programme on the prevention, control or abatement of water and air pollution; Organise through mass media, a comprehensive mass awareness programme on the prevention, control or abatement of water and air pollution; Collect, compile and publish technical and statistical data relating to water and air pollution and the measures devised for their effective prevention, control or abatement; Prepare manuals, codes and guidelines relating to treatment and disposal of sewage and trade effluents as well as for stack gas cleaning devices, stacks and ducts; Disseminate information in respect of matters relating to water and air pollution and their prevention and control; Lay down, modify or annul, in consultation with the State Governments concerned, the standards for stream or well, and lay down standards for the quality of air; and Perform such other functions as may be prescribed by the Government of india. (b) The State Pollution Control Boards State Pollution Control Board is a statutory organisation established under the Water (Prevention and Control of Pollution) Act 1974, which works under the supervision of the Central Pollution Control Board to implement the environmental laws and rules within the respective state for the protection of the environment. Objectives: Preservation of natural resources It is mandatory for every business, either new or existing, to obtain necessary authorization from the respective State Pollution Control Board in order to carry out the activities of the business in a State. Promotion of sustainable development for economic growth of the nation along with environmental protection and social equity. Effective waste management for the protection of the environment. Spreading Awareness about the protection of the environment among the consumers Encouraging the general public for the use of environment-friendly products like paper bags, public transport, CFL, etc. to help reduce the environmental pollution Functions of the Board The broad functions of the Board are in line with the functions of the Central Board and aimed at the prevention, abatement, and control of air and water pollution. Moreover, the primary motive is to assist the entrepreneurs and industries in the fulfilment of Corporate Environmental Responsibility (CER). The functions of the Board can be detailed as follows for further understanding: Issue NOC (No-Objection Certificates) from the perspective of the environmental pollution, including the adequacy of the site from the environmental angle. Assessment of quality ambient air. Assessment of inland surface waters’ quality Issuance of the Consent under provisions of Section 21 of the Air (Prevention and Control of Pollution) Act, 1981. Issue of Consent under provisions of section 25/26 of the Water (Prevention and Control of Pollution) Act, 1974. Collection and assessment of Water Cess, under the provision of Water (Prevention and Control of Pollution) Cess Act, 1977. Assessment and Identification of municipal and industrial pollution sources and control. Conducting Mass Awareness Programmes. Development of Pollution Control technologies. Notification of emission and effluent standards. Instituting legal action against defaulters. Implementing Biomedical Waste Rules, 1998. Issuance of Authorization under the Hazardous Waste Management Rule, 1989. Identifying the onsite crisis management plans, isolated storage, etc., under the Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989. SDGs can be the most useful weapons to build the economies in such a way that they can provide for the future generations in a sustainable way. All countries must work together to achieve these goals and create a sustainable world. India has put together a legislative framework for the attainment of these goals. What is needed now is a strong implementation of these laws to achieve a better relationship between the society and environment.