SUSTAINABLE DEVELOPMENT A CHALLENGE TO THE FUTURE AND PRESENT
GENERATION
INTRODUCTION
Sustainable Development is regarded as a buzzword amongst
the Environmentalist, Politicians and Economist, in media and among elite
cities, natural resources, business, communities etc. It is widely used in
speeches on environmental issues whenever needed.
Besides, sustainable development involve solely economic
growth, environmental protection and social equity, implies great in
distributing the gain from growth among people and countries. On the other
hand, it concerns preserving environment and natural resources as a basic point
for progress and making policy.
DEFINITION
According to Prof. H. D. Pithawalla, in Environmental Law
2014, defined “Sustainable Development” as “finding the ways of development
which will improve everyone quality of life without damaging the environment
and creating problems for the future generations or transferring such problems
to people in other part of the world”.
However, he further opined that the essentially of
sustainable development lies in two aspects which are Economic Development and
the use of Natural Resources of the world in the manner that is sustainable.
From Prof. H.D. Pithawalla’s interpretation, it is observed that in order to
achieve development in every environment without harming such or thought of
harming future generation or other part of the world, the use of Economic
Development and Natural resources shall be exploited.
Thus the exploitation of Economic Development and Natural
Resources as to industrialization is at per presumed to be the cause of
environmental pollution today which in other brought the principle of
Sustainable Development. Pithawalla’s interpretation, in the course of finding
the better quality of life of Human well-being in every society as to
development, emerges environmental damage.
From the view point
of Brundtland definition, “Sustainable Development” is defined as “development
which meets the need of the present without compromising the ability of future
generation to meets their own needs”. (United Nation World Commission on Environment
and Development 1987:423).
Brundtland definition again can be interpreted in different
ways depending on what is considered to be the object of “Sustainability,
Sustainable Development and Needs”. Thus this is traceable to the concept of
Human Well-being and Capital relating how both are linked together as the case
may be.
REASONS FOR
SUSTAINABLE DEVELOPMENT
It is true that sustainable development aims at improving
the standard and quality of people’s lives, both now and future generations.
Thus it is rightly justified that all countries around the globe strives to
ensure that all citizens both in urban and rural areas have such like:
a.
Clean air to breath
b.
Safe water to drink
c.
Adequate supplies of power energy
On the other hand, Agriculture and Industry resources like
Land, Soil, Rivers, Ocean, Forest and Mineral deposit upon which they relay
have to be used efficiently and responsibly.
Besides, other reasons why sustainable development is: the
need of good food, shelter, clothes, entertainment, cultural and spiritual
substance and a host of other materials and no-materials things. These things
are considerably important for the purpose of sustainability in our given
society.
From the above reasons, it is stipulated that everyone
should have access to them in order to enhance a better quality of life and
development for both Now and Future.
SUSTAINABLE
DEVELOPMENT AND THE INDIAN JUDICIARY
It has been fully observed that in its context of
sustainable development as to environmental issues in India, the Indian
judiciary has not lagged behind so far as several land-mark decision of the
Supreme Court have been applied to the principle of sustainable development in
cases involving Public Interest Litigation.
Eventually, the judiciary in several occasions has made
decision to correct the illicit use and misused of different substance as well
polluting the environment and causing harm to public health, put injunction by
using the following land-mark cases:
a-
Kinkri
Devi v. State of Himachal Pradesh
AIR, 1988 HP 4
b-
M. C. Mehta
v. Union of India 1997 2 SCC 35
c-
M. C.
Mehta v. Union of India 2006 , 9 SCC 35
d-
Vellore Citizens Welfare Forum v. Union of India
1996, 5 SCC 647
e-
Ajay
Singh Rawat v. Union of India
1995, 3 SCC 526
f-
Dr. B. C. Wadehra v. Union of India 1996, 2 SCC
59
g-
Indian Council for Environ-Legal Action v. Union
of India 1995, 3 SCC 363
However, owing to the above cases have been decided by the
judiciary in India for the correction ill-treatment of our environment which e
may say is the cause of environmental depreciation and other related issues in
our given environment today.
The first among these cases was Dehrandum Quarrying case.
The principle laid down in the High Court of Himachal Pradesh in Kinkri Devi v.
State of Himachal Pradesh AIR, 1988 HP 4, where the court interpreted. Thus:
“if industrial growth is sought to be achieved by reckless
mining resulting in the loss of lives, loss of properties, loss of amenities
like Water supply and creation of ecological imbalance, there may ultimately no
real economic growth and no real prosperity”.
Practically, it is the duty of the Judiciary to additionally
help to protect the Human Well-being in preservation of environmental pollution
as to gain better sustainable development, just as it has been laid down in
Section 3 of Environmental Protection Act, 1986 which gives the Central
Government the absolute power to take measures to protect and improve the
environment.
Furthermore, in Taj Mahal case, M. C. Mehta v. Union of
India AIR, 1997, 2 SCC 353, the Supreme Court held that environment measures
must anticipate, preserve and attack the cause of environmental degradation.
Here, immediately the Supreme Court ordered all the industries operation in the
Taj Trapezium Zone (TTZ) to use natural gas instead of Coke or Coal. Those
industries which for any reason were not able to get natural gas connection
were ordered to stop operation in the TTZ.
The Judiciary not only in the above case but also has tried
to maintain balancing equation for the achievement of sustainable development
with the help of Indian Council for Environ-Legal Action v. Union of India AIR,
1995, 3 SCC 77, expressed its opinion that the effect of ecological imbalance
and degradation of the environment would have to be borne by future generation.
On the other hand, one may say that the court of India alone
never in all cases encourages the environmental protection, but from the cases,
it has been seen that the court have tried a lot in the protection of
environment in Indian context
Also, another projective work of the Indian judiciary in the
protection of environment and introduction of sustainable development is the
case of Dr. B. C. Wadelhre v. Union of India AIR, 1996, 2 SCC 514. Here the
Supreme Court of India has held that the residence of a city have a
CONSTITUTIONAL as well as STATUTORY RIGHT to live in a clean city. Also, an
immediate order was passed accordingly to ensure that Delhi would not have the
dubious distance of being an “open dustbin”.
In a nutshell, from the points initiated above, it has been
opined that Indian judiciary has not lagged behind in regard of protection of
our healthy environment and provision for a better sustainability for better
quality of life of human well-being.
WAYS TO ACHIEVE
SUSTAINABLE DEVELOPMENT
At the United Nation (UN’S) Local Agenda 21, thus is
basically observed that, in order to achieve greater sustainability, the
following strategic objectives have been identified as the policies, guidelines
and proposals in the Local Agenda 21 plan and has been discussed and designed
to facilitate this achievement. As considered, the following are the most
possible ways to achieve sustainable development in every given society:
a.
To minimized the consumption of natural,
non-renewable resources, including land
b.
To preserve the quality of the landscape open
space, architectural and cultural heritage, material asserts and natural
resources.
c.
To protect the integrity of the built
environment from damaged caused by insensitive development proposal.
d.
To improve the involvement of the local community
in decision-making on environmental sustainability issues.
Practically, achievement of all the above principles will
involve all areas as been reflected in the Local Agenda 21 plan as under:
a-
To promote the active involvement of the
community through the provision of information, public consultation and joint
partnership
b-
To ensure the protection of flora, fauna,
quality landscape and the promotion of bio-diversity
c-
To strictly control the development of
inappropriate one-off houses in the country
d-
To promote a mere compact urban form,
particularly higher residential densities close to the town center
Besides, a good achievement of sustainability will not be
left out without these. And in its tradition, definition of capital must be
expanded to include natural and social as well as economic resources which are
the most necessities to get development well achieved sustainable.
SUGGEESTION FOR
SUSTAINABLE DEVELOPMENT AT PRESENT AND FUTURE
With its present situation globally, it is suggested that
the principle of Human well-being should be
look upon properly in order to balance the equation of sustainability
within the globe and not living the future generation and other part of the
world suffering environmentally.
In this scenario, the principle is based on three workable
elements which are Here, Now and Later/Elsewhere, which at this present time
maintain that society should use the natural resources Here, Now and later,
thus, stipulates that on the process of exploiting the natural resources Here
and Now, it should be managed efficiently in order to create capitals for
future generation. Efficiently, more these resources are managed Here and Now,
more capital of these resources are left behind for future generation which is
Later. So, it is believed that people derived Human Well-Being from consuming product
which is produced on the basis of the natural defined production that emanated
from the natural resources.
Therefore, the greatest suggestion is that Human Well-Being
should not be looked down or left out rather should be considered as a vital
issues which everyone believed if not well looked at, sustainable development
will be nowhere to go,. The management of natural resources which is the
foundation of this present time (Here and Now) should efficiently be managed
globally so as to create more capital for lives in the next generation (Later).
Thus with this , is the way to achieve and balance the equation of sustainable
development.
GLOBAL TRENDS AND CHALLENGES TO SUSTAINABLE
DEVELOPMENT BEFORE 2015 AND POST-2015
It is true that the world is faced with challenges in all
three dimension of sustainable development which are Economic, Social and
Environmental. More than 1billion people are still living in extreme poverty ;
and income inequality within among many countries has been rising; at the same
time, unsustainable consumption and production patterns have resulted in huge
economic and social cost and may endanger life on the planet, especially the
Future generation. So, achieving sustainable development will require global
actions to deliver on the legitimate aspiration towards further economic and
social progress, requiring growth and employment, and at the same time
strengthening environmental protection. As a challenge in this present time, it
was held that in the year 2000 September, the world leaders met together and
adopted the United Nations Millennium Declaration which provided the basis for
the pursuit of the Millennium Development Goal (MGD). This was successfully
forged by the United Nation, supported by the world leaders targeting the
importance of poverty reduction and human development. Since then, the global
community have been managing to uplift a large segment of the poor and
vulnerable with the vision to reach poverty deadline before 2015 and post-2015.
Based on World Economic and Social Survey, the world at this
present time has come up with a strong target to reach the deadline of issues
facing sustainable development before 2015 or post-2015 with the following
targeted areas:
1-
The important of climate change
2-
Hunger and malnourished
3-
Income inequality within and among countries
4-
Rapid urbanization
5-
Energy power
6-
Recurrence of financial crises
Fortunately, on the basis of achieving the target of the
global trends and challenges before 2015 or post-2015, a fast progress and
contribution has been put in place and are with its pace working, especially by
the various sub-organisations of United Nation, NGOS, WHO , Other organisation and
individual scholars, such as – The United Nations Environment Programme (UNEP),
The United Nation Statistics Division (UNSD), The Division for Sustainable
Development of the United Nation Secretariat and others.
In a nutshell, it is believed that at least 75% of the
global world is earning to be achieved within the specific period of 2015 or
post-2015.
CONCLUSION
In conclusion, it has been presumed that all nations of the
world have today realized the relevance, value and importance of the concept of
Sustainable Development which has now became the cat-phrase of the 21st
century. As once opined by the US. Department of State”
“we believe
sustainable development begins at home and is supported by effective domestic
polices and international partnership”.
Yes, beginning at home thus is seen in our constitutional Act,
1949 in various articles like Act. 21, Act 48(a) and Act 51(g) and have been
willfully used by the judiciary against various conflict concerning
environmental issues for maintaining sustainability. Thus without starting from home, sustainable
development cannot go at a LENGTH.
REFERENCE:
Prof. H. D. Pithawalla (2014) Environmental Law: Sustainable
Development. First Edition. Antop Hill, Wadala (east), Mumbai, India. Parimal
J. Shah, M. A.( publisher)
Ban Ki-Moon (2013). Sustainable Development Challenges.
World Economic and Social Survey 2013. (pgs-iii –xiv). Retrieved from https://sustainabledevelopment.un.org/content/documents/2843WESS2013.pdf
By Innocent E. Wiche
(ESQ.)
Law student of (ROYAL
COLLEGE OF LAW) C.C.S. University,
Meerut, U.P., India
