Environment and Development

Foundation for a healthy human, animal and plant life is good, Potable water unpolluted air and a clean Environment. The biosphere or the eco-system is a natural evolutionary life support system, in and around the Earth – It is estimated that biosphere contains millions of species of plant and animal life, each supporting the other. Bio-sphere supplies the essential requirements of life namely light, heat, water, food, space or habitats.

This delicate life support system between, man, animals, plants, soil and bacteria, is called the Environment. This eco-system depends upon a number of natural balanced life cycles. All living organisms, microbes, plants, animals and man have survived for centuries by adjusting their life style with the environment. Any violent attempts to disturb these natural systems adversely affect all life including that of human being. The United Nations Environmental Agency organised an International Conference (between 5th and 14th June, 1972 at Stockholm) to draw attention towards deteriorating Bio­sphere. 114 Nations participated, and declared 5th June as the World Environment Day to create awareness about environmental problems. The next such conference was held in 1982 at Nairobi. Next summit was at Rio in June, 1992 at which a blue print for sustainable development was adopted. In 1976, the Indian Constitution was amended (42nd amendment) by adding a new chapter on fundamental duties (for the citizens), under Part-IV (Article 51-A) (g) to protect and improve the natural environment, including Forests, lakes and wild life.

Water is a precious natural resource. The potential use of water is for irrigation, hydroelectricity, and meet domestic requirements. The world commission on Dams-Report 2000 - mentions about 45,000 large dams (in 140 countries) in the world. (India has 4291 such dams). For India, water is an important resource for a stable and sustained agriculture. However the efforts should be for optimum development and efficient utilisation of the water resource, without disturbing the natural eco-system.

In India, of the 4291 dams constructed, 3596 are located in the three western agricultural states. More than 90% of these dams are meant for irrigation, 3% are multi purposes and 2% are hydro-electric projects and 1 % are for drinking water supply.

It is unfortunate that only about 1/3 of the projected irrigation potential created by these dams has been utilised. (1990).

The environment cost for these projects has been very much, in that, about 5 lakh hectares (Ha) of Forest area has been submerged by the dam waters (by 1980). More than 21 million people have been displaced due to these irrigation projects, and have to be still rehabilitated.

Being concerned about the damage to environment, the Indian Parliament has enacted the following protection laws:

1972 - Wild Life (Protection) Act
1974 - The Water (Prevention & Control of Pollution) Act
1980 - The Forests (Conservation) Act
1981 - The Air (Prevention and Control of Pollution) Act
1986 - The Environment (Protection) Act
1988 - The National Forest Policy
1991 - The Public Liability Insurance Act
1992 - National Conservancy Strategy and Environmental Development
1995 - The National Environmental Tribunal Act
1997 - The National Environment Appellant      Authority Act

The apex court has responded very effectively to protect the environment by stipulating that the ‘Right to Life’ (Art-21) includes clean environment for human survival.

The court decisions in environmental litigation have provided teeth to the enforcement agencies and made them answerable to the court. The Apex and lower courts have responded against indiscriminate and illegal industrialisation by taking tough stand against polluters.

The following principles are laid down by the Apex Court in various judgements.

a) There has to be sustainable development. Development that meets the needs of the present without compromising the needs of future generation.
b) Precautionary action be taken to prevent future environmental degradation.
c) Polluter pays for the damage.
d) Rule of absolute liability of the polluter.
e) Public Forest Doctrine. The state is the trustee of all natural resources and such resource must be used for public good and should legally protect such natural resources.
f) Deforestation causes ecological imbalance-Trees must be protected.

In October, 2002 the Apex Court has estimated that on an average about 3500 Ha. of Forest area is being diverted for non-forestry purposes. The court has therefore laid down the procedure for financing all the compensatory afforestation schemes, for using the forest area for any development purpose. The concerned agency, including the state governments have to deposit a cost of varying between Rs. 5.2 lakh to 9.2 lakhs per hectare (Ha) (as assessed) before any forest area is taken to be used for any non forestry purpose.

The above principles have been established in the following cases.

1) MC Mehta Vs. Union of India - AIR, 1987 - SC.1086
2) Indian Council for Enviro-Legal Action Vs. Union of India - AIR 1996 - SC1446
3) Vellore citizens forum Vs. Union Government - AIR 1996 - SC 2715
4)  MC Mehta Vs. Kamalnath (1997) - SCC 388

Government of India (G.O.I) in the Department of Environment and Forests, has issued detailed instructions to protect environment vide the environment impact assessment notification dated 27th January, 1994 laying down the requirements and the procedure for seeking environment clearance before undertaking any new project.

An environment assessment report is mandatory which must include a public hearing and decisions made - A list of specified projects requiring such environmental clearance is given at Schedule - 1. This schedule includes, Hydro-Electric and River valley projects including major irrigation including flood control. The clearance granted is valid for a period of five years for commencement of construction or operation. Finally, the laws can not deliver the required object unless the agency or persons   implementing are good and honest and understand their responsibility towards environment.

We have not inherited the natural resources but have merely borrowed it from our future generation of children. It is their future interest which we are protecting. If this fact is remembered then we will have a better and brighter tomorrow.