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 21^st 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