Sustainable Development: A Project Report

SUSTAINABLE
DEVELOPMENT
A PROJECT REPORT
Submitted to: Submitted by:
Dr. Sabina Salim Abhishek Sharma (122/13)

Professor of Law Agampreet Singh (123/13)
UILS, PU, CHD Armaan Matharoo (131/13)
Randeep Mangat (152/13)
Anmol Sandhu (170/13)
ENVIRONMENT LAW (SUSTAINABLE DEVELOPMENT) Page 1

ACKNOWLEDGEMENT
Every project big or small is successful largely due to the effort of a number of wonderful
people who have always given their valuable advice or lent a helping hand. We sincerely
appreciate the inspiration; support and guidance of all those people who have been
instrumental in making this project a success.
We are extremely grateful to Dr.Sabina Salim for making the resources available at right
time and providing valuable insights leading to the successful completion of my project.
We would also like to thank all the library members for their critical advice and making me
available the books and commentaries for the project.
Last but not the least we place a deep sense of gratitude to my family members and my
friends who have been constant source of inspiration during the preparation of
this project work.
Thankyou
Submitted by:
Abhishek Sharma(122/13)
Agampreet Singh(123/13)
Armaan Matharoo(131/13)
Randeep Mangat(152/13)
Anmol Sandhu(170/13)

INDEX
Sustainable development- Introduction.
Principles of Sustainable development.
The Rio Declaration On Environment And Development (1992).
Agenda 21
The 1992 Rio Declaration On Environment And Development Impact On
Policies And Latest Judgements.
Role Of Indian Judiciary In Sustainable Development.
Conventions On Climate Change And Biodiversity
Conclusion
Bibliography

INTRODUCTION
What Is Sustainable Development: Guiding Principles And Values

The well recognized principle of sustainable development for the protection and
improvement of environment has been unanimously accepted by the world countries as a
strategy that caters to the needs of the present without depriving the future generations of
their right to available natural resources. It has been rightly said that sustainable development
is meant to secure a balance between developmental activities for the benefits of the people
and environmental protection and therefore, it is a guarantee to the present and bequeath to
the future generations. The principle of sustainable development seeks to harmonise the
conflict between development which may be industrial, economic or social, and right to
healthy environment. In other words, the balance between environmental protection and
developmental activities could only be maintained by strictly adhering to the principle of
sustainable development. Environmental studies have shown that the environment related
problems of developed countries are mainly due to industrial and technological development
whereas undeveloped countries have environmental problems because of poverty, over-
population and illiteracy.
Undoubtedly, encouragement and boost to developmental activities is in the socio-economic

interest of a nation but this should not be at the cost of environmental degradation, because
this will not only affect the present generation but have its adverse impact on the future
generations. Therefore, sustainable development is the need of time so that development and
environmental protection, both proceed maintaining a balance.
Development has been recognized as a human right under Rio- Declaration of 1992. But all
the nations (parties) participating in this summit unanimously agreed that economic or
industrial development should be carried out in a manner that it does not adversely affect the
environment because environmental pollution is a potential danger to human life and in that
case, what is the use of such development? It is for this reason that the principle of
sustainable development was evolved in this world summit for maintaining a balance
between development and environment, and it was realised that both should go hand in hand.

What is Sustainable Development?
The principle of sustainable development has evolved on the basic assumption of co-
existence of two apparently conflicting notions i.e. development and environment. But from
the practical point of view, ecological, economic and social aspects of sustainability are
inseparable. As William Rees has rightly pointed out that maintenance of ecological integrity
has to be accorded primacy over achievement of socio-economic human needs, thus there
should be a convergence between ecological and economic factors in the developmental
process.
The principle of sustainable development emphasises on two basic needs, firstly, need for
socio-economic development and secondly, need of limitation imposed on the environment's
capability to cope with the present and future requirements.
Explaining the inter-dependence of conservation and sustainable development, the

Brundtland Report (1997) said:
Sustainable development is development that meets the needs of the present without
compromising the ability of future generations to meet their, own needs. Sustainable
development requires meeting the basic needs of all and extending to all opportunity to
satisfy their aspirations for a better life.
BASIC OBJECTIVES OF SUSTAINABLE DEVELOPMENT
The principle of sustainable development seeks to achieve the following three basic
objectives:
(1) to maintain production of goods and services for development and efficiency;
(2) conversation and management of neutral resources including preservation of bio-
diversity and maintenance of biological integrity;
(3) maintenance and enhancement of the quality of life adopting the principle of equitable
distribution of wealth and material resources.

These objective may respectively be called as economic, environmental and social objectives
of the principle of sustainable development.
From the environmental point of view, the objective of the principle of sustainable
development centres round three issues, namely, (i) to maintain essential ecological
processes, (ii) to preserve genetic diversity; and (iii) to secure sustainable utilization of
species and ecosystems.
SCOPE OF EXTENT OF SUSTAINABLE DEVELOPMENT
The concept of sustainable development, as pointed out the chairperson Ms.Brundtland in

her report (popularly called the Brundtland report) is aimed at meeting the needs of the
present without compromising the ability a future generations to meet their own needs.
Commenting on sustainable development, the Former President of the World Bank James D.
Yolkenson observed, it is for us to think as to what kind of world we want. Do we want to
bequeath a world for our future generation a poorest world wherein innumerable people die
of hunger, climate uncertainty, biodiversity at its lowest ebb and social conditions most
unstable? This observation of Volkenson clearly shows that the central focus of sustainable
development is not confined to the present happiness of the people but it also expends to
safeguarding the interests of the coming generations.
Sustainable development involves a multi-faceted approach i.e. (1) economic, (2) human, (3)
environmental, and (4) technological. It is a process which seeks to bring improvement in the
quality of human life alongwith conservation of the ecological system. Thus, development
and environment, both are inter-dependent and therefore, there cannot be development
without protection of environment, nor can there be conservation of environment without
development.
The former U.N. General-Secretary Kofi-Annan had identified five areas for the applicability
of the principle of sustainable development. They are (1) water, (2) health, (3) power and
energy, (4) Agriculture and (5) Bio-diversity.
Former Prime Minister of India Smt. Indira Gandhi had categorically stated in her address at
the Stockholm Conference, 1972 that water, air, land, soil, plants, trees and living organisms

must be preserved because they are valuable natural resources for the benefit of the future
generations.
SALIENT PRINCIPLES OF SUSTAINABLE DEVELOPMENT
The principle of sustainable development which received international recognition as a result
of Brundtland Commission Report (1987) was overwhelmingly supported by all the nations.
Some of the salient principles which underlie the concept of sustainable development were
spelled out in the Rio Declaration, 1992 and Agenda 21. Therefore, these principles have got
to be necessarily followed in order to achieve the objective of sustainable development.
These principles are as follows:

(1) Inter-generational equity;
(2) Use and conservation of natural resources;
(3) Environmental protection;
(4) The precautionary principle;
(5) The Polluter Pays principle;
(6) Principle of liability to help and co-operate;
(7) Poverty eradication; and
(8) Principle of public trust.
(1) Inter-Generational Equity:-The principle of inter-generational equity pre-supposes the

right of each generation of human beings to benefit from cultural and natural resources of the
past generation as well as the obligation to preserve such heritage for future generations.
The principle emphasises on conservation of biodiversity resources and of the renewable
sources like forests, water, soil etc.
The principle of inter-generational equity has its genesis in Principles 1 and 2 of the
Stockholm Declaration, 1972 wherein environment has been taken to be resource basis for
the survival of the present generation and right to be beneficially used by the future
generations. Both these principles are reproduced as follows:
Principle 1.- Man has the fundamental right to freedom, equality and adequate conditions of
life, in an environment of quality that permits a life of dignity and well-being, and he bears a
solemn responsibility to protect and improve the environment for the present and future
generations.

Principle 2.- The natural resources of the earth, including the air, water, lands, flora and
fauna, and especially representative samples of natural ecosystems, must be safeguarded for
the benefit of the present and future generations through careful planning and management,
as appropriate.
In A.P. Pollution Control Board v. M.V. Nayudu, the Apex Court observed that where the
State Government makes an attempt to balance the need of the environment and need of the
economic development, it would not be proper to prohibit it from doing so. In such a case, it
would be safer to apply the protective principle and the principle of polluter pays, keeping
in mind the principle of sustainable development and the principle of inter-generational
equity!
2. Use And Conservation of Natural Resources - This principle requires that earth's natural
resources should be carefully used in such a way that they may be conserved and enhanced
for the future generation. It must be borne in mind that natural resources are already depleting
due to poverty, over- population, urbanisation, industrialisation etc. and there is likely to be
acute shortage of these resources in future. Therefore, there is dire need to develop techniques
and technologies which may need minimal utilization of natural resources.
The principle of use and conservation of resources is founded on the theory that the present
generation should be modest in their exploitation of natural resources for the benefit of the
future generations. This will secure the conditions of survival for future generations. This
principle has been accepted by the international community in the form of Principles 8 and 23
of the Rio Earth Summit Declaration, 1992.
Principle 8 provides that in order to achieve sustainable development and a high quality of
life for all people, States should reduce and eliminate unsustainable pattern of production and
consumption. Thus, use and conservation of natural resources should be an essential principle
of sustainable development.
Similarly, Principle 23 of the Rio-Declaration (1992) specifically states that the environment
and natural resources of people under oppression, domination and occupation, shall be
protected by all means.
The Supreme Court applying the principle of careful use and conservation of natural

resources, observed in the case of A. Jagannath v. Union of India, that activities of the
industries violative of this principle and of, environmental legislations must be discouraged.
In Indian Handicrafts Emporium v. Union of India, the indigenous ivory or ivory articles
were prohibited from being exported as it impugned Wild Life (Protection) Act, 1972 and
was also against the moral claims embodied under Article 48-A of the Constitution and
principle of conservation of natural resources.
3. Environmental Protection
Environmental protection is an integral part of sustainable development. Most of the nations
have enacted environmental protection laws to ensure sustainable development within their
territories. In order to reinforce sustainable development, an effective environmental
protection mechanism is needed. It is generally seen that inadequate protection of
environment or its degradation affects the poorest sections of the society most as they draw a
large part of their livelihood from unmarked environmental resources such as forests, water
from hand pumps, air polluted and noisy slum dwellings etc. The problem of environmental
protection generally emanates from water resources, forests, agriculture, industry, energy and
power etc., therefore, policy decisions in these sectors should be environmental oriented and
well planned so as to ensure that there is no degradation in the natural environment.
So far India is concerned, the Environment (Protection) Act, 1986 is the central legislation.
Besides, there are some other pollution control and prevention laws and States have also
framed their own anti-pollution laws according to their local requirements. The ultimate
object is to ensure sustainable development for protection of environment from being
degraded or polluted.
4. Precautionary Principle
The precautionary principle seeks to ensure that a substance or human activity which may
cause a threat to the environment is prevented from causing harm to environment, even if
there is no conclusive scientific proof of linking that particular substance or human activity to
environmental damage. Thus, precautionary principle pre-supposes that onus of proof is on
the industrialist to show that his action is benign, that is not harmful to environment.
The precautionary principle in the context of environmental protection is essentially about the

management of scientific risk. It is a component of the concept of ecologically sustainable
development and has been defined in Principle 15 of the Rio Declaration, 1992. According
to this principle, where there is threat of serious or irreversible environmental damage, lack
of full scientific certainty should not be used as a reason for postponing measures to prevent
environmental degradation." In other words, any human activity or behaviour which bears the
harmful effect to the environment, has got to prevented at all costs.
It may be stated that prior to the precautionary principle as incorporated in Principle 15 of the
Rio-Declaration, 1992, Principle 6 of the Stockholm Declaration, 1972 relating to the
Assimilative Capacity Principle was the governing rule which provided as under :-
The discharge of toxic substances or of substances and the release of heat, in such quantities
or concentrations as to exceed the capacity of the environment to render them harmless, must
be halted in order to ensure that serious irreversible damage is not inflicted upon ecosystem.
The just struggle of the peoples of all countries against pollution should be supported.
Thus, the assimilative capacity principle assumed that science could provide policy-makers
the information and means necessary to avoid encroaching upon the capacity of the
environment to assimilate impacts and it is presumed that relevant technical expertise would
be available when environmental harm was predicted and there would be sufficient time to
act in order to avoid such harm.
The precautionary principle has received legal recognition in almost all the international
instruments and has now become an integral part of the United Nations Environmental
Programme. The European Community has adopted the principle in the Bergen Declaration
on Sustainable Development, 1990 and reiterated that environment related actions should
predict, prevent and suppress environmentally harmful factors.
In Narmada BachaoAndolan v. Union of India, the Apex Court explained that when there
is a state of uncertainty due to lack of data or material about the extent of damage or pollution
likely to be caused, then in order to maintain ecological balance, the burden of proof that the
said balance will be maintained, must necessarily be on the industry or the unit which is
likely to cause pollution.
5. Polluter Pays Principle

All the member countries participating in the Organisation For Economic Co-operation and
Development (O.E.C.D.) agreed to incorporate in their environmental policies the principle

of 'polluter pays' so as to discourage subsidies that could be detrimental for trade. They
deemed this necessary for the protection of environment and save the country from threats
posed by environmental pollution in modernised industrial societies. Polluter Pays
principle was considered to be one of the best method for prevention of environmental
pollution. But there were practical difficulties in working out an exact definition of the
principle as there could be dispute as to the limits on payment for damages caused and exact
scope of the applicability of principle.
Despite these difficulties, the European Community in its Action Programme on Environment
had accepted the polluter pays principle as a part of its strategy on environmental matters.
The principle Was incorporated in Article 130 R (2) of the action programme which reads as
follows :-
(i) Preventive action is always preferable to remedial action;
(ii) Environmental damage should be rectified at source;
(iii) The polluter should pay the costs of the measures taken to protect and preserve the
environment;
(iv) environmental policies should be a component of the European Communitys other
policies.
Finally, the polluter pays principle was recognised as an integral part of the sustainable
development by the international community arid was incorporated as Principle 16 of the Rio
Declaration of Earth Summit, 1992. The principle reads as follows :-
Principle 16 National authorities should endeavour to promote the internationalisation of
environmental costs and the use of economic instruments taking into account the approach
that the polluter should in principle bear the cost of pollution with due regard to the public
interest and without distorting international trade and investment.
As a matter of fact, this principle was already accepted and included as Principle 4 of the
Stockholm Declaration in 1972 but it was legally and internationally recognised as a
substantive principle of environmental law under Principle 16 of the Rio Declaration, 1992.
The Supreme Court in M.C. Mehta v, Kamal Nath, observed that polluter pays principle has
been recognised as fundamental objective of Government's environmental policy to prevent
and control pollution. The Court in this case observed that the calculation of environmental

damages should not be on the basis of claim put forward by the party, but it should be on the
basis of examination of the situation by the Court, keeping in view the factors such as
deterrent nature of the award.
6. Principle of Liability to help and Co-operate
This principle has been specifically incorporated in Rio-Declaration (1992) as Principle 9
which provides that the States should co-operate to strengthen indigenous capacity building
for sustainable development by improving scientific understanding through exchanges of
scientific and technological knowledge and by enhancing the development, adaptation,
diffusion and transfer of technologies including new and innovative technologies.
Principle 10 of the Rio-Declaration further provides that environmental issues are best
handled with the participation of all concerned citizens at the relevant level. Emphasising the
need for mutual cooperation in environmental matters, Principle 12 requires the States to
cooperate to promote a supportive and open international economic system that would lead to
economic growth and sustainable development in all countries, in order to address the
problem of environmental degradation in a better way.
Finally, Principle 27 of the Rio Declaration expects people and the States to co-operate in
good faith and in a spirit of partnership in the future development of international law in the
field of sustainable development.
7. Poverty Eradication
Poverty is perhaps the worst contributing factor for polluting the environment and causing its
degradation. Smt. Indira Gandhi, the Late former Prime Minister of India, addressing the
Stockholm Conference on Human Environment in 1972 said, of all pollutants we face, the
worst is poverty. The Brundtland Report (1987) also attributed poverty as a potential cause
of environmental degradation as it reduces peoples capacity to use resources in a sustainable
manner, which eventually brings more pressure on environment and results into its
deterioration. Most of the developing countries are facing the problem of poverty which is
adversely affecting the environmental quality.
The Earth Summit, 1992 also projected that elimination of poverty was utmost necessary for
achieving the goal of sustainable development, particularly m the developing countries.
India being a developing country, its more than 30 per cent people are living below the

poverty line. The pitiable condition 'of slum-dwellers, scaricity of food, fuel, kerosene oil etc.
are serious threats for environment. Due to lack of residential, houses crores of poor men,
women and children are compelled to live in slums and even on road-side temporary hutment
in most unsanitary conditions without sufficient food and water. Thus, they have to live in
unwholesome environmental conditions. Therefore, India needs cooperation and assistance
from the developed countries to help and support the poverty alleviation programme and
maintenance of wholesome environmental conditions.
PROTECTION OF FORESTS
It must be stated that awareness about the protection of forests is also closely connected with
the principle of public trust applicable for the preservation of natural resources. The State
being a trustee of forest-resource, it is the moral and legal obligation of the Government to
protect forests from being destroyed by indiscriminate felling of trees. If forests are well
preserved, it will reduce soil erosion and increase fertility of land and also cause sufficient
rainfall which is necessary for cultivation and domestic purposes in the form of water. But
despite these benefits from forests, the record shows that almost one-third of the part of the
forest in tropical region had been destroyed due to deforestation until the year 1970.
Unfortunately, destruction of forest still continues and nearly 1,70,000 sq. k.m. forest land
has been converted into plain for construction of industries, complexes and other commercial
purposes. Besides, seven lakh hectare land has turned into desert and gallons of polluted
water is being flowed in rivers, lakes and seas causing irreparable damage to environment
and ecosystem.
In view of this destruction of forests, the Government is failing in its duties as trustee of this
valuable natural resource and causing damage to its beneficiaries i.e., the peop1e could not
exploit it for their own use, what to talk of leaving it for use by future generations'! Even
now, it is not too late and there is need on the part of the State to protect and preserve the
valuable natural resources as a trustee and people to cooperate with the administration to
protect environment from being degraded.

THE RIO DECLARATION ON ENVIRONMENT AND
DEVELOPMENT (1992)
INTRODUCTION
The United Nations Conference on Environment and Development (UNCED), also known as
the Rio de Janeiro Earth Summit , Rio Summit, Rio Conference, and Earth
Summit (Portuguese: ECO92), was a major United Nations conference held in Rio de
Janeiro from 3 to 14 June 1992.
In 2012, the United Nations Conference on Sustainable Development was also held in Rio,
and is also commonly called Rio+20 or Rio Earth Summit 2012. It was held from 13 to 22
June.
172 governments participated, with 116 sending their heads of state or government. Some
2,400 representatives of non-governmental organizations (NGOs) attended, with 17,000
people at the parallel NGO "Global Forum" (also called Forum Global), who
had Consultative Status.
The issues addressed included:
systematic scrutiny of patterns of production particularly the production of toxic

components, such as lead in gasoline, or poisonous waste including radioactive chemicals
alternative sources of energy to replace the use of fossil fuels which delegates linked to
global climate change
new reliance on public transportation systems in order to reduce vehicle emissions,
congestion in cities and the health problems caused by polluted air and smoke
the growing usage and limited supply of water
An important achievement of the summit was an agreement on the Climate Change

Convention which in turn led to the Kyoto Protocol and the Paris Agreement. Another
agreement was to "not to carry out any activities on the lands of indigenous peoples that
would cause environmental degradation or that would be culturally inappropriate".
The Convention on Biological Diversity was opened for signature at the Earth Summit, and
made a start towards redefinition of measures that did not inherently encourage destruction of
natural ecoregions and so-called uneconomic growth.

Although President George H. Bush signed the Earth Summits Convention on Climate, his
EPA Administrator William K. Reilly acknowledges that U.S. goals at the conference were
difficult to negotiate and the agencys international results were mixed, including the U.S.
failure to sign the proposed Convention on Biological Diversity.
Twelve cities were also honoured by the Local Government Honours Award for innovative
local environmental programs. These included Sudbury in Canada for its ambitious program
to rehabilitate environmental damage from the local mining industry, Austin in the United
States for its green building strategy, and Kitakysh in Japan for incorporating an
international education and training component into its municipal pollution control program.
RESULTS
The Earth Summit resulted in the following documents:
Rio Declaration on Environment and Development

Agenda 21
Forest Principles
Moreover, important legally binding agreements (Rio Convention) were opened for
signature:
Convention on Biological Diversity

Framework Convention on Climate Change (UNFCCC)
United Nations Convention to Combat Desertification
In order to ensure compliance to the agreements at Rio (particularly the Rio Declaration on
Environment and Development and Agenda 21), delegates to the Earth Summit established
the Commission on Sustainable Development (CSD). In 2013, the CSD was replaced by
the High-level Political Forum on Sustainable Development that meets every year as part of
the ECOSOC meetings, and every fourth year as part of the General Assembly meetings.
Critics point out that many of the agreements made in Rio have not been realized regarding
such fundamental issues as fighting poverty and cleaning up the environment.
Green Cross International was founded to build upon the work of the Summit.
The first edition of Water Quality Assessments, published by WHO/Chapman & Hall, was
launched at the Rio Global Forum.

PREAMBLE
The United Nations Conference on Environment and Development,
Having met at Rio de Janeiro from 3 to 14 June 1992,
Reaffirming the Declaration of the United Nations Conference on the Human Environment,
adopted at Stockholm on 16 June 1972, and seeking to build upon it,
With the goal of establishing a new and equitable global partnership through the creation of
new levels of co-operation among States, key sectors of societies and people,
Working towards international agreements which respect the interests of all and protect the
integrity of the global environmental and developmental system,
Recognizing the integral and interdependent nature of the Earth, our home,
Proclaims that:
PRINCIPLE 1
Human beings are at the centre of concerns for sustainable development. They are entitled to
a healthy and productive life in harmony with nature.
PRINCIPLE 2
States have, in accordance with the Charter of the United Nations and the principles of
international law, the sovereign right to exploit their own resources pursuant to their own
environmental and developmental policies, and the responsibility to ensure that activities
within their jurisdiction or control do not cause damage to the environment of other States or
of areas beyond the limits of national jurisdiction.
PRINCIPLE 3
The right to development must be fulfilled so as to equitably meet developmental and

environmental needs of present and future generations.
PRINCIPLE 4
In order to achieve sustainable development, environmental protection shall constitute an

integral part of the development process and cannot be considered in isolation from it.

PRINCIPLE 5
All States and all people shall co-operate in the essential task of eradicating poverty as an
indispensable requirement for sustainable development, in order to decrease the disparities in
standards of living and better meet the needs of the majority of the people of the world.
PRINCIPLE 6
The special situation and needs of developing countries, particularly the least developed and
those most environmentally vulnerable, shall be given special priority. International actions
in the field of environment and development should also address the interests and needs of all
countries.
PRINCIPLE 7
States shall co-operate in a spirit of global partnership to conserve, protect and restore the
health and integrity of the Earth's ecosystem. In view of the different contributions to global
environmental degradation, States have common but differentiated responsibilities. The
developed countries acknowledge the responsibility that they bear in the international pursuit
of sustainable development in view of the pressures their societies place on the global
environment and of the technologies and financial resources they command.
PRINCIPLE 8
To achieve sustainable development and a higher quality of life for all people, States should
reduce and eliminate unsustainable patterns of production and consumption and promote
appropriate demographic policies.
PRINCIPLE 9
States should co-operate to strengthen endogenous capacity-building for sustainable

development by improving scientific understanding through exchanges of scientific and
technological knowledge, and by enhancing the development, adaptation, diffusion and
transfer of technologies, including new and innovative technologies.

PRINCIPLE 10
Environmental issues are best handled with the participation of all concerned citizens, at the
relevant level. At the national level, each individual shall have appropriate access to
information concerning the environment that is held by public authorities, including
information on hazardous materials and activities in their communities, and the opportunity
to participate in decision-making processes. States shall facilitate and encourage public
awareness and participation by making information widely available. Effective access to
judicial and administrative proceedings, including redress and remedy, shall be provided.
PRINCIPLE 11
States shall enact effective environmental legislation. Environmental standards, management

objectives and priorities should reflect the environmental and developmental context to which
they apply. Standards applied by some countries may be inappropriate and of unwarranted
economic and social cost to other countries, in particular developing countries.
PRINCIPLE 12
States should co-operate to promote a supportive and open international economic system
that would lead to economic growth and sustainable development in all countries, to better
address the problems of environmental degradation. Trade policy measures for environmental
purposes should not constitute a means of arbitrary or unjustifiable discrimination or a
disguised restriction on international trade. Unilateral actions to deal with environmental
challenges outside the jurisdiction of the importing country should be avoided.
Environmental measures addressing transboundary or global environmental problems should,
as far as possible, be based on an international consensus.
PRINCIPLE 13
States shall develop national law regarding liability and compensation for the victims of
pollution and other environmental damage. States shall also co-operate in an expeditious and
more determined manner to develop further international law regarding liability and
compensation for adverse effects of environmental damage caused by activities within their
jurisdiction or control to areas beyond their jurisdiction.

PRINCIPLE 14
States should effectively co-operate to discourage or prevent the relocation and transfer to
other States of any activities and substances that cause severe environmental degradation or
are found to be harmful to human health.
PRINCIPLE 15
In order to protect the environment, the precautionary approach shall be widely applied by
States according to their capabilities. Where there are threats of serious or irreversible
damage, lack of full scientific certainty shall not be used as a reason for postponing cost-
effective measures to prevent environmental degradation.
PRINCIPLE 16
National authorities should endeavour to promote the internalization of environmental costs

and the use of economic instruments, taking into account the approach that the polluter
should, in principle, bear the cost of pollution, with due regard to the public interest and
without distorting international trade and investment.
PRINCIPLE 17
Environmental impact assessment, as a national instrument, shall be undertaken for proposed

activities that are likely to have a significant adverse impact on the environment and are
subject to a decision of a competent national authority.
PRINCIPLE 18
States shall immediately notify other States of any natural disasters or other emergencies that
are likely to produce sudden harmful effects on the environment of those States. Every effort
shall be made by the international community to help States so afflicted.
PRINCIPLE 19
States shall provide prior and timely notification and relevant information to potentially
affected States on activities that may have a significant adverse transboundary environmental
effect and shall consult with those States at an early stage and in good faith.

PRINCIPLE 20
Women have a vital role in environmental management and development. Their full
participation is therefore essential to achieve sustainable development.
PRINCIPLE 21
The creativity, ideals and courage of the youth of the world should be mobilized to forge a
global partnership in order to achieve sustainable development and ensure a better future for
all.
PRINCIPLE 22
Indigenous people and their communities, and other local communities, have a vital role in
environmental management and development because of their knowledge and traditional
practices. States should recognize and duly support their identity, culture and interests and
enable their effective participation in the achievement of sustainable development.
PRINCIPLE 23
The environment and natural resources of people under oppression, domination and
occupation shall be protected.
PRINCIPLE 24
Warfare is inherently destructive of sustainable development. States shall therefore respect

international law providing protection for the environment in times of armed conflict and co-
operate in its further development, as necessary.
PRINCIPLE 25
Peace, development and environmental protection are interdependent and indivisible.
PRINCIPLE 26
States shall resolve all their environmental disputes peacefully and by appropriate means in
accordance with the Charter of the United Nations.

PRINCIPLE 27
States and people shall co-operate in good faith and in a spirit of partnership in the fulfilment
of the principles embodied in this Declaration and in the further development of international
law in the field of sustainable development.
AGENDA 21
Agenda 21 is the blueprint for sustainability in the 21st century. Agenda 21 is a commitment
to sustainable development, which was agreed by many of the world's governments. Nations
that have pledged to take part in Agenda 21 are monitored by the International Commission
on Sustainable Development, and are encouraged to promote Agenda 21 at the local and
regional levels within their own countries. Thus, Agenda 21 lays emphasis on international
cooperation for achieving the goal of sustainable development.
The Conventions, Principles and Declarations of the Earth Summit, provide guidelines to deal
with the problems of poverty, hunger, resource consumption and the deterioration of
ecosystems. Agenda 21 provides a format for this to happen, detailing an action plan for
sustainable development and establishing targets for actions that combine economic
development and environmental protection1. Agenda 21:
Provides options for combating the deterioration of land, air and water, whilst
conserving habitats and their diversity.
Presently a nations wealth is gauged by its financial standing and the more money the better.
Agenda 21 promotes the attitude that a nations wealth should also account for the full value
of its natural resources. Agenda 21 also encourages nations to consider the costs of
environmental degradation. In addition, to reduce the risk of damage, environmental
assessments should be carried out and where degradation does occur, those responsible
should bear the costs.
Deals with poverty, over consumption, health and education.
Agenda 21 highlights the need to eradicate poverty. One of the major problems facing poorer
nations is their lack of resources and ability to live sustainably. Developed nations have taken
on the responsibilities of assisting poorer nations to reduce their environmental impacts and
achieve sustainable development.
1
http://www.unep.org/Documents.Multilingual/Default.asp?documentid=78&articleid=1163

Promotes roles for everyone governments, business, trade unions, scientists,
teachers, and indigenous people and youth have roles to play in achieving
sustainable development and should be involved in the decision making processes.
Agenda 21 asks governments to integrate sustainable development into their national
strategies and highlights the importance of involving non-governmental organizations
(NGOs) and the public in the process. For sustainable development to work, issues must be
tackled on a local, national and international level and nations must work towards
international agreements which respect the interests of all and protect the integrity of the
global environmental and developmental system.
Encourages the reduction of environmentally and socially detrimental processes, but
within a framework which allows economic success.
Despite the very broad range of environmental and developmental issues included in Agenda
21, it has been criticized for its failure to address the inequitable international economic
system, impacts of conflicts and militarism, the crippling debt of many developing countries.
Also in Agenda 21, there is hardly any guidance on how its recommendations should actually
be implemented.
THE 1992 RIO DECLARATION ON ENVIRONMENT AND DEVELOPMENT

IMPACT ON POLICIES AND LATEST JUDGEMENTS
With the contemporary changes, the international agreements have sought to acquire a special
source of reference for The Supreme Court of India while deciding cases and when it comes
to the cases pertaining to environment, the International protocols on environment have a
very special role to play especially when India is a signatory to such a protocol. It is basically
because they tend to reflect the key government policies on important environmental issues.
International environmental agreements guide the Indian policies in a way that they enable
countries to work together to address vital environmental issues that are trans boundary or
global in nature, such as sustainable development, air pollution, climate change, protection of
the ozone layer, ocean pollution etc. Our domestic actions alone are often insufficient to
protect our environment, our resources, and our health. We need to work with other countries
to develop common solutions to international environmental problems that impact us directly.

Moreover, it enables a countrys Court of Justice to ensure fairness by referring these
protocols in the cases that arise.
Therefore, the 1992 Rio Declaration on Environment and Development is one such
international agreement to which India is a signatory and it is stated while dealing with
environment related cases that our Indian Courts come across. This declaration defines the
rights of the people to be involved in the development of their economies, and the
responsibilities of human beings to safeguard the common environment. It builds upon the
basic ideas concerning the attitudes of individuals and nations towards the environment and
development, first identified at the United Nations Conference on the Human Environment
(1972). The Rio Declaration states that long term economic progress is only ensured if it is
linked with the protection of the environment. If this is to be achieved, then nations must
establish a new global partnership involving governments, their people and the key sectors of
society. Together human society must assemble international agreements that protect the
global environment with responsible development.
There are a number of principles to the Rio Declaration. However, the most important
principles laid down under this Declaration are inter generational equity(Principle 3),
precautionary principle(Principle 15) and last but not the least the Polluter pays
principle(Principle 16) which throw light on the concept of sustainable development and its
utmost significance. These are as follows:
Principle 3
The right to development must be fulfilled so as to equitably meet developmental and
environmental needs of present and future generations.
Principle 15
In order to protect the environment, the precautionary approach shall be widely applied by
States according to their capabilities. Where there are threats of serious or irreversible
damage, lack of full scientific certainty shall not be used as a reason for postponing cost-
effective measures to prevent environmental degradation.
Principle 16
National authorities should endeavour to promote the internalization of environmental costs
and the use of economic instruments, taking into account the approach that the polluter

should, in principle, bear the cost of pollution, with due regard to the public interest and
without distorting international trade and investment.
Thus, from the above it can be ascertained that the primary objective of this protocol is to
ensure sustainable development. It also focuses on the imperative mutual need of economic
development along with environmental preservation. This Rio declaration is very much in
consonance with the Indian policies on environment which is evident from the fact that the
Judiciary in India, more precisely, the Supreme Court and the High Courts have played an
important role in preserving the doctrine of Sustainable Development which as stated is the
crux of this declaration.2
IN M.C.MEHTA VS. UNION OF INDIA3 the Supreme Court issued directions towards the
closing of mechanical stone crushing activities in and around Delhi, which was declared by
WHO as the third most polluted city in the world. However, the court realized the importance
of stone crushing and issued directions for allotment of sites in the new crushing zone set up
at village Pali in the state of Haryana. Thus, it is quite obvious that the courts give equal
importance to both ecology and development while dealing with the cases of environmental
degradation.
However, considering todays scenario, the Indian judiciary till date refers to the international
agreements and declarations related to environment while deciding cases which involve the
conflict between development and environmental concerns.
The very recent Supreme Court judgements include JALABHUMI AND ORS VS STATE
OF WEST BENGAL4 on 14.01.2013, where two public interest litigation petitions were filed
against the arbitrary, illegal and purported action in building up projects on the part of the
respondents resulting in environmental pollution and destruction of ecological balance of the
environment. It was submitted by the petitioners that the writ petition has been filed for
protecting the ecological balance and to prevent environmental pollution in respect of the said
water area and lands adjoining to the said water area for the benefit of the public of the
locality and also for protecting illegal conversion of the said land of water area by way of
changing the nature and character and mode of use the said water area and existing canals
which operates as the drainage system in respect of Hoogly and as well as reservoir during
the rainy season. The respondents, however, have taken the plea that the actions taken by the
2
http://alexis.org.in/the-1992-rio-declaration-on-environment-and-development-impact-on-policies-and-
judgements/
3
[1991] 2 SCC 137
4
Sl. No.11 W.P 17686(W) of 2009 & W.P 2549 (W) of 2011

Government were in pursuance of urgent needs of development. The debate between the
developmental and economic needs and that of the environment is an enduring one, since if
environment is destroyed for any purpose without a compelling developmental cause, it will
most probably run foul of the executive and judicial safeguards. However, this Court has
often faced situations where the needs of environmental protection have been pitched against
the demands of economic development. In response to this difficulty, policy makers and
judicial bodies across the world have produced the concept of sustainable development.
This concept, as defined in the 1987 report of the world Commission on Environment and
Development (Brundtland Report) defines it as Development that meets the needs of the
present without compromising the ability of the future generations to meet their own needs.
Subsequently the Rio Declaration on Environment and Development, passed during the Earth
Summit at 1992, to which also India is a party, adopts the notion of sustainable development.
Principle 4 of the declaration states:
In order to achieve sustainable development, environmental protection shall constitute an
integral part of the development process and cannot be considered in isolation from it.
Thus, treating the principle of sustainable development as a fundamental concept of Indian
law, it was opined that the development of the doctrine of sustainable development indeed is
a welcome feature but while emphasizing the need of ecological impact, a delicate balance
between it and the necessity for development must be struck. Whereas it is not possible to
ignore inter- generational interest, it is also not possible to ignore the dire need which the
society urgently requires. Henceforth, the Court held that the respondents have to ensure that
no water logging takes place in the area in question and appropriate canals and/or drainage
are provided so that no inconvenience is caused to the local inhabitants and the petitions were
disposed off.
In another case, ORISSA MINING CORPORATION LTD. VS MINISTRY OF
ENVIRONMENT & FOREST5 ON 18 APRIL, 2013, where Orissa Mining Corporation
(OMC), a State of Orissa Undertaking, has approached this Court seeking a Writ of Certiorari
to quash the order passed by the Ministry of Environment and Forests (MOEF) dated
24.8.2010 rejecting the Stage-II forest clearance for diversion of 660.749 hectares of forest
land for mining of bauxite ore in Lanjigarh Bauxite Mines in Kalahandi and Rayagada
Districts of Orissa and also for other consequential reliefs. With reference to the International
protocols on environment, the Court opined that Apart from giving legitimacy to the cultural
5
WRIT PETITION (CIVIL) NO. 180 OF 2011

rights by 1957 Convention, the Convention on the Biological Diversity (CBA) adopted at the
Earth Summit (1992) highlighted necessity to preserve and maintain knowledge, innovation
and practices of the local communities relevant for conservation and sustainable use of bio-
diversity, India is a signatory to CBA. Rio Declaration on Environment and Development
Agenda 21 and Forestry principle also encourage the promotion of customary practices
conducive to conservation. The necessity to respect and promote the inherent rights of
indigenous peoples which derive from their political, economic and social structures and
from their cultures, spiritual traditions, histories and philosophies, especially their rights to
their lands, territories and resources have also been recognized by United Nations in the
United Nations Declaration on Rights of Indigenous Peoples. STs and other TFDs residing in
the Scheduled Areas have a right to maintain their distinctive spiritual relationship with their
traditionally owned or otherwise occupied and used lands. Thus, the Court felt that the State
has got a duty to recognize and duly support their identity, culture and interest so that they
can effectively participate in achieving sustainable development.
In another most recent case, G. SUNDARRAJAN VS. UNION OF INDIA & ORS.6 on 6
May, 2013, where appeals concerned with an issue of considerable national and international
importance, pertaining to the setting up of a nuclear power plant in the South-Eastern tip of
India, at Kudankulam in the State of Tamil Nadu. The incidents of Union Carbide, Bhopal
might be haunting the memory of the people living in and around Kudankulam, leading to
large-scale agitation and emotional reaction to the setting up of the Nuclear Power Plant
(NPP) and its commissioning. The nature of potential adverse effect of ionizing radiation,
adds to fears and unrest. In the instant case, apart from the Rio Declaration the Stockholm
Conference was referred too in a manner saying that The Stockholm Conference not only
brought into focus the human rights approach to the problem of environmental protection but
also recognized the linkage between the development and environment from which the
concept of sustainable development has emerged. The Conference noticed that while man is
both creature and moulder of this environment, rapid advances in science and technology had
invested man with the potent power to transform his environment in countless ways and on
an unprecedented scale. The benefits of development and opportunity to enhance quality of
life, if wrongly or carelessly used, man could do incalculable harm to human beings and to
the environment. The responsibility of the people to protect and improve the environment for
the present and the future generations was also recognized. Later the Rio Declaration 1992
6
S.L.P. (C) No.32013 of 2012

re-stated the principles of Stockholm Conference and high-lighted the importance of
intensifying the efforts at the global, regional and national levels to protect and improve
environment along with development. Following the Stockholm Conference the second
landmark on environmental protection and development was United Nations Conference on
Environment and Development (UNCED), 1992 (Rio Summit). The Conference was held at
Rio (Brazil) in the year 1992 which addressed the twin problems of environment and
development. Rio declaration sets out general non-binding commands for sustainable
development i.e. human beings who are at the centre of sustainable development concerns
have to exercise their right to healthy and productive life in harmony with nature. The Rio
Conference also high-lighted the principle of inter generational equity. Principles like
precautionary principle so as to prevent the environmental degradation and the principle of
polluter pays. i.e. to bear the cost of pollution with due regard to public interest were high-
lighted. The Conference resulted in conclusion of a treaty on climate change with a general
recognition of the importance of curbing emission of green house gases, another treaty on
bio-diversity aiming at the preservation of flora and fauna was also concluded.
The Rio Conference also adopted Agenda 21. United Nations General Assembly (UNGA)
following the Rio Declaration and Agenda 21 created a Commission on Sustainable
Development under the United Nations Economic and Social Council to ensure the effective
implementation at the local, national, regional and international levels of what had been
agreed at the Rio Conference, to ensure follow up of Rio Summit, to enhance adequate
international, scientific and technological cooperation to catalyse inter-governmental decision
making capacity to ensure regular and effective reporting on the Agenda 21 and at the
national, regional and global levels. Thus, the Court held that each and every aspect of the
matter shall be overseen, including the safety of the plant, impact on environment, quality of
various components and systems in the plant before commissioning of the plant. A report to
that effect be filed before this Court before commissioning of the plant and the appeals were
accordingly disposed of without any order as to costs.

ROLE OF INDIAN JUDICIARY IN SUSTAINABLE DEVELOPMENT
Sustainable development is not a new concept; many cultures over the human society realized
the need for the harmony between environment, society and economy. In this 21st Century
what is new is the articulation of this concept of global industrial and information society.
Sustainable Development means different things to different to different people, but in
Brundtland Report it was said that,
Sustainable Development is a development that meets the needs of the present without
compromising the ability of future generations to meet their own needs.
Sustainable development focuses on improving the quality standards of all human being in
the earth without compromising the excessive use of natural resources beyond the capacity of
the environment to supply them indefinitely; it requires and understanding that, this action
has its consequences and we must find out innovative ways to change the institutional
structures and individual behavior, in other words its about taking action, changing policy
and practice at all levels from the individual to international.
Judiciary in India, more precisely, the Supreme Court and High Courts has played an
important role in preserving the doctrine of Sustainable Development. Parliament has
enacted various laws to deal with the problems of environmental degradation. In such a
situation, the superior courts have played a pivotal role in interpreting those laws to suit the
doctrine of ' Sustainable Development'.
There were various factors which led to and become the guiding factor to pass various laws
relating to environment by the Indian Parliament. These factors cumulatively created an
atmosphere to legislate on various aspects of environment including the umbrella legislation -
the Environment Protection Act, 1986.
In June 1972, the First U.N (International) Conference on Human Environment was held in
Stockholm declared that:
To defend and improve the human environment for present and future generations has
become an imperative goal for mankind.
From the beginning of the attendance in the Stockholm Conference in 1072, India has passed
various major laws on environment, namely:
1. Water (Prevention and Control of Pollution) Act, 1974,
2. Air (Prevention and Control of Pollution) Act, 1981,

3. Environment (Protection) Act, 1986,
4. National Environment Tribunal Act, 1995,
5. National Green Tribunal Act, 2010.
The Supreme Court of India has also pointed out that the U.N. Conference on Human
Environment created awareness for environment Protection.6 The concept of 'Sustainable
Development, was also introduced for the first time by the Stockholm Conference of 1972
and now a days this concept has been accepted as a part of the Customary International Law.
It is also to be remembered that most of the environmental cases have come before the court
through PIL (public interest litigation) either under Article 32 or under Article 226 of the
constitution.
The first case on which the apex court had applied the doctrine of ' Sustainable Development'
was Vellore Citizen Welfare Forum vs. Union of India.7
Facts of the case:- The Vellore Citizen Welfare Forum filed this Writ Petition as public
interest litigation. In this petition, the Welfare Forum alleged that the tanneries and other
industries were discharging untreated effluent into the agriculture fields, roadsides,
waterways and open lands in the State of Tamil Nadu. The untreated effluent of these
tanneries and industries were finally discharged in the river Palar which was the main source
of water supply to the residents of the area. The Welfare Forum further alleged that the entire
surface and sub-soil water of river Palar was polluted resulting in non-availability of potable
water to the residents of the area. Due to the operation of these tanneries in the state of Tamil
Nadu environmental degradation was caused. According to the survey conducted by the
Tamil Nadu Agricultural University Research Centre, Vellore, nearly 35,000 hectares of
agricultural land in the tanneries belt had turned out partially or totally unfit for cultivation.
These tanneries used about 170 types of chemicals in the Chrome tanning processes. These
chemicals include common salt, lime, sodium sulphuric, chromium sulphate, fat liquor,
ammonia and sulphuric acid besides dyes which are used in large quantities. Approximately
35 cubic metre of water is used for processing 1 kg finished leather resulting in dangerously
enormous quantity of toxic effluents which were let out in the open by the tanning industries.
The effluents have spoiled physico chemical properties of the soil and have contaminated
groundwater by percolation.
7
AIR 1996 SC 2715

An independent survey was conducted by Peace Members, Non-Governmental Organization
and Peddiar Chatram Anchayat Unions found that 350 wells out of total 467 used for
drinking and irrigation purposes were polluted. Women, children were forced to walk miles
to get drinking water. On the request of the Legal and Aid Advise Board of Tamil Nadu, two
lawyers visited the area and submitted their report indicating the pollution caused by the
tanneries. It was reported that the entire Ambur town and the villages situated nearby did not
have good drinking water. During rainy days and floods, the chemicals deposited into the
river bed were spreading out quickly. The State Government also informed the Court about
the 59 villages that were affected by the tanneries. In those villages, there was acute shortage
of drinking water. The Tamil Nadu Pollution Control Board also submitted that their Board
perusuated for the last 10 years to control the pollution generated by these tanneries. These
tanneries were given option by the Board that either to construct common effluent treatment
plants (CETPs) for a cluster of industries or to setup individual pollution control devices. The
Central Government were earlier agreed to give substantial subsidies for the construction of
CEPTs. The Hon'ble Court observed that it was pity that till date most of the tanneries
operating in the State of Tamil Nadu did not take any step to control the pollution caused by
the discharge of effluent. On the direction of the Hon'ble Court, the National Environmental
Engineering Research Institute also submitted the feasibility report for setting up of CETPs
for clusters of tanneries situated at different places in the State. The NEERI, the Tamil Nadu
Board and Central Board visited the tanning units and other industries in the Tamil Nadu and
submitted their reports.
Court held:- The Hon'ble Court observed that the leather industry was of vital importance to
the country as it generated foreign exchange and provided employment avenues. But, it had
no right to destroy the ecology, degrade the environment and cause a health hazard. It could
not be permitted to expend or even to continue with the present production unless appropriate
action taken by the industry itself. The traditional concept that development and ecology are
opposed to each other is no longer acceptable. "Sustainable Development" would be the
answer. The "Sustainable Development" has been accepted as a viable concept to eradicate
poverty and improve the quality of human life. While living within the carrying capacity of
the supporting eco-systems. "Sustainable development" means development that meets the
needs of the present without compromising the ability of the future generations to meet their
own needs. The "Sustainable Development" has come to be accepted as a viable concept to
eradicate poverty and improve the quality of human life while living within the carrying

capacity of the supporting eco-system. The "Precautionary Principle" and the "The Polluter
Pays Principle" were the essential features of "Sustainable Development ".
The Hon'ble Court on 28.8.1996 directed the Central Government to constitute an Authority
under section 3(3) of the Environment (Protection) Act, 1986 and to confer on the Authority
all the powers necessary to deal with the tanneries and other polluting industries in the State
of Tamil Nadu. The authority so constituted would invoke the precautionary principle and the
polluter pays principle. The Authority should determine the compensation to be recovered
from the polluters as cost of reversing the damaged environment. The Authority should direct
the closure of the industry owned/managed by a polluter in case he evades or refuses to pay
the compensation awarded against him. A fine of Rs.10,000/- each on all the tanneries in the
districts of North Arcot, Ambedkar, Erode Periyar, Dindigul Anna, Trichi and Chengai
M.G.R. was imposed. The said fine was directed to be paid before 31.10.1996. The Chief
Justice of the Madras High Court was requested to constitute a special bench "Green Bench"
to further monitor this case. The Ministry of Environment & Forests, Government of India
constituted the Loss of Ecology (Prevention and Payments of Compensation) Authority in the
year 1996 and appointed Mr. Justice P.Bhaskaran, as its Chairman. The Authority after
detailed studies and deliberations delivered its award on March 12, 2002. Accordingly, 546
tanneries in the District of Vellore to pay a compensation amounting to Rs.26.82 crores to
29,193 families as pollution damages. The Central Board has also analysed the soil, sludge
and water samples concerning this matter. The indepth investigations were taken up and
reports were submitted to the Hon'ble Supreme Court for consideration.8
Also the court ascertained that sustainable development is a balancing concept between
ecology and development. Its salient features were yet to be finalized by the jurists. However,
they deliberated upon that aspect and said that from the Brundtland Report and other
international documents, it appears that sustainable includes the following features:
Inter-generational Equity;
Use and conservation of Natural Resources;
Environmental Protection and Precautionary Principles;
Polluter Pays Principle;
Obligation to assist and co-operate;
Eradication of poverty and financial assistance to the developing countries.
8
http://envis.mse.ac.in/problems%20pdf/TANNERIES.pdf (last assessed on 2/5/2017)

Further the court in the case of Narmada Bachao Andolan v. Union of India9, the Apex
Court observed that, It appears to us that the precautionary principle and the corresponding
burden of proof on the person who wants to change the status quo will ordinarily apply in a
case of polluting or other project or industry where the extent of damage likely to be inflicted
is not known. When there is a state of uncertainty due to lack of data or material about the
extent of damage or pollution likely to be caused then, in order to maintain the ecology
balance, the burden of proof that the said balance will be maintained must necessarily be on
the industry or the unit which is likely to cause pollution.
On the other hand where the effect on ecology or environment of setting up of an industry is
known, what has to be seen is that if the environment is likely to suffer, then what mitigative
steps can be taken to off set the same. Merely because there will be a change is no reason to
presume that there will be ecological disaster. It is when the effect of the project is known
then the principle of sustainable development would come into play which will ensure that
mitigative steps are and can be taken to preserve the ecological balance. Sustainable
development means what type or extent of development can take place which can be
sustained by nature/ecology with or without mitigation.
In the present case we are not concerned with the polluting industry which is being
established. What is being constructed is a large dam. The dam is neither a nuclear
establishment nor a polluting industry. The construction of a dam undoubtedly would result
in the change of environment but it will not be correct to presume that the construction of a
large dam like the Sardar Sarovar will result in ecological disaster. India has an experience of
over 40 years in the construction of dams. The experience does not show that construction of
a large dam is not cost effective or leads to ecological or environmental degradation. On the
contrary there has been ecological upgradation with the construction of large dams. What is
the impact on environment with the construction of a dam is well-known in India and,
therefore, the decision in A.P. Pollution Control Boards case (supra) will have no application
in the present case.10
The countries moving towards the industrial development had to face the serious problems of
giving adequate compensation to the victims of pollution and environmental hazards. That
the polluter must pay for the damage caused by him is a salutary principle evolved very early
in Europe when that continent was haunted by a new specter, that of unprecedented pollution.
9
(2000) 10 SCC 664
10
https://www.lawteacher.net/free-law-essays/constitutional-law/environmental-protection-and-sustainable-
development-constitutional-law-essay.php#ftn32 (last assessed on 2/5/2017)

In the post Bhopal Gas Leak case, this principle was received great attention by and it has
almost pushed the government and its institutions, including the judiciary. In M.C.Mehta v.
Union of India11 , a petition was filed under Article.32 of the Constitution of India, seeking
closure of a factory engaged in manufacturing of hazardous products. While the case was
pending, oleum gas leaking out from the factory injured several persons. One of the persons
died. Applications were filed for award of compensation. Although the court avoided a
decision on these applications by asking the parties to file suits before the subordinate courts;
the significance of the case lies in its formulation of the general principle of liability of
industries engaged in hazardous and inherently dangerous activity.
The rule in Rylands v. Fletcher12, was evolved in the year 1866. It provides that a person who
for his own purpose brings on to his land and collects and keeps there anything likely to do
mischief if it escapes, must keep it at his peril, and if he fails to do so, is prima facie liable for
the damage which is the natural consequence of its escape. The liability under this rule is
strict liability. The Supreme Court was quite sure that the exceptions evolved in England to
Rylands rule of strict liability in subsequent decisions are not applicable at present in a
rapidly developing country like India. These principles were formulated at a time when
developments of science and technology had not taken place. Science and technology could
not afford any guidance for evolving standards of liability consistent with constitutional
norms, and the needs of current economy and social structure. Observing that law has to grow
in order to keep abreast with the economic developments taking place in the country, the
Supreme Court emphasized on their responsibilities in the following words, We have to
evolve new principles and lay down new norms, which would adequately deal with the new
problems, which arise, in a highly industrialized economy. We cannot allow our judicial
thinking to be constructed by reference to the law as it prevails in England or for the matter of
that in any other foreign country. We no longer need the crutches of a foreign legal order.
The court thought that it should not hold its hand back and it ventured to evolve a new
principle of liability known as absolute liability, which English courts had not done.
In Indian Council for Enviro-Legal Action v. Union of India13, it was held that the Central
Government is empowered under the Environment Protection Act, to take all measures as it
deems necessary or expedient for the purpose of protecting and improving the quality of
environment. In the present case, the said powers will include giving directions for the
11
AIR 1987 SC 1086.
12
(1866) LR & HL 330, pp 339,340
13
AIR 1996 SC 1446.

removal of sludge, for undertaking the remedial measures on the offending industry, and to
utilize the amount so recovered for carrying out remedial measures. The court did so by
reiterating the MC Mehta case principle of absolute liability of hazardous and inherently
dangerous industry. The court explained the polluter pays principle, according to which the
responsibility for repairing damage is that of the offending industry. In the circumstances, the
task of determining the amount required for carry out remedial measures is placed upon the
Central Government.
Also in M.C. Mehta v. Union of India14 , (popularly known as Ganga Water Pollution case or
Kanpur tanneries case), a public interest litigation was filed for the issuance of directions
restraining the tanneries from discharging trade effluent into the river Ganga till such time
they put up necessary treatment plants for treating the trade effluents in order to arrest the
pollution of water in the said river. The tanneries discharging effluents in the river Ganga did
not set up primary treatment plant in spite of being asked to do so for several years. Nor did
they care to put up an appearance in the Supreme Court expressing their willingness to set up
pre-treatment plant. Consequently, the Supreme Court directed them to stop working.
K.N.Singh, J., who delivered concurring but separate judgement in this case, issued directions
for the closure of those tanneries which have failed to take minimum steps required for the
primary treatment of industrial effluent. It was further pointed out that closure of tanneries
may bring unemployment, loss of revenue, but life, health and ecology have greater
importance
An analysis of the above cases shows that the Supreme Court has not only developed the
essential principles of sustainable development but also actually applied them while dealing
with environmental litigations. In view of the above cases, the concept of Sustainable
Development has become a part of our New Environmental Jurisprudence and the law of
the land.
14
AIR 1988 SC 1037

CONVENTIONS ON CLIMATE CHANGE AND BIODIVERSITY
The world community at Rio Conference showed unanimity on two aspects i.e. to prevent
global climate change and eradication of biologically diverse species.
Two legally binding conventions were signed by the representatives of 154 countries.
I. United Nations Framework Convention on Climate Change:
The United Nations Framework Convention on Climate Change (FCCC) was adopted and
signed by 162 countries in 1992 at the Rio Earth Summit. With 26 Articles, consisting of
objectives, principles, commitments and recommendations, the FCCC became a blueprint for
precautionary action against the threat of global climate change.
The Convention on Climate Change entered into force on 21st march, 1994. The Conference
of the Parties to the Convention (COP) became the Conventions ultimate authority15.
It highlighted the fact that human activities, like the burning of fossil fuels, are releasing large
quantities of gases into the Earths atmosphere. These gases, including carbon dioxide are
enhancing the natural greenhouse effect. There are many concerns that the increase of such
greenhouse gases in the atmosphere is causing "global warming", which is threatening
humans and natural ecosystems.
The aim of the Convention was to provide an international framework within which future
actions could be taken to reduce the threat of global warming. The Convention indicates that
participating nations have the right to exploit their own resources, but they have a
responsibility to ensure that their activities do not cause any environmental harm to other
nations.
The ultimate goal of the Convention is to stabilize greenhouse gases in the atmosphere at a
level that will not pose undue risk to the global climate system.
Under the Convention, governments16:
a) Gather and share information on green house gas emissions, national policies and best
practices.
15
P.S. Jaswal, Environmnetal Law, Allahabad Law Agency, Faridabad, 3 rd Edition, 2014 pg 104
16
https://sustainabledevelopment.un.org/rio20

b) Launch national strategies for addressing greenhouse gas emissions and adapting to
expected impacts.
c) Cooperate in preparing for adaptation to the impacts of climate change.
The COP Conferences have been held in all parts of the world. The first conference was held
at Berlin in 1995.
I. United Nations Convention on Biodiversity:
The biological diversity of the world the variability among living organisms is valuable
for ecological, genetic, social, economic, scientific, educational, cultural and recreational
reasons. Biodiversity plays an important role in evolution and for maintaining the condition
of life support systems within the biosphere. If we are going to meet the food and health
needs of a growing world population, then it is widely recognized that we need to conserve
and sustain our biological diversity.
The Convention on Biological Diversity entered into international law in 1994 with 153
nations signing up. The convention is legally binding; countries that join it are obliged to
implement its provisions. It is an international treaty and has three main goals:
i. Conservation of biological diversity

ii. Sustainable use of its components
iii. Fair and equitable sharing of benefits arising from genetic resources
The Convention states that participating nations have rights over their biological resources,
allowing responsible and sustainable exploitation, but ensuring that biological diversity is
conserved.
India is a party to the Convention on Biological Diversity, 1992. The Indian Parliament has
enacted the Biological Diversity Act, 2002. The Act primarily addresses the issue concerning
access to genetic resources and associated knowledge by foreign individuals, institutions,
companies and equitable sharing of benefits arising out of the use of these resources and
knowledge to the country and people.

It is proposed to have National Biodiversity Authority, State Biodiversity Boards and
Biodiversity Management Committees. It is also proposed to set up Biodiversity Funds at
Central, State and local levels.
EARTH SUMMIT + 5
As envisaged in Agenda 21, a special session of the UN General Assembly at New York on
environment was held in June, 1977 which is also known as Earth Summit +5. It was
supposed to find out how far the committed nations had gone from Rio.
This special session is known as Earth Summit + 5 because it was after five years from the
historic Earth Summit in Rio in 1992, that the representatives of various nations reviewed
the progress they had made in achieving the goal of sustainable development.
In the conference it was found that the planets oceans, forests and atmosphere are still in
trouble, and its population of poor people is growing. One of the biggest disappointments was
on global warming.
112 billion tons of carbon dioxide (CO2)was released into the atmosphere in the past five
years. The other Rio agreements also suffered a similar fate. The Biodiversity Convention
was meant to ensure that the destruction of species was slowed down and eventually halted
but the estimates suggested a rising toll owning to deforestation rate that rose from 11,000 sq.
km. a year in 1991 to 15,000 sq. km. a year in 199517.
EARTH SUMMIT + 10
In 2002, ten years after the Rio Declaration, a follow-up conference, the World Summit on
Sustainable Development (WSSD) was convened in Johannesburg to renew the global
commitment to sustainable development. The conference agreed on the Johannesburg Plan of
Implementation (JPOI) and further tasked the CSD to follow-up on the implementation of
sustainable development.
17
https://sustainabledevelopment.un.org/rio20

EARTH SUMMIT + 20
The United Nations Conference on Sustainable Development or Earth +20 took place in Rio
de Janeiro, Brazil on 20-22 June 2012.
In Rio, Member States decided to launch a process to develop a set of Sustainable

Development Goals (SDGs), which will build upon the Millennium Development Goals and
converge with the post 2015 development agenda.
The Conference also adopted ground-breaking guidelines on green economy policies.
Governments also decided to establish an intergovernmental process under the General

Assembly to prepare options on a strategy for sustainable development financing.
The Rio +20 Conference also galvanized the attention of thousands of representatives of the
UN system and major groups. It resulted in over 700 voluntary commitments and witnessed
the formation of new partnerships to advance sustainable development.

CONCLUSION
It is true that in order to improve and protect the environment from pollution sustainability
must be there between environment and development. The concept of sustainable
development based on the notion that natural resources should be exploited for the benefit of
both present and future generation. As we know that increased industrial activity worldwide
requires the use of natural resources which are depleting day by day. It is also true that the
need for resource conservation, efficient use of resources and environment friendly corporate
policies and behaviour has now been recognised worldwide. The country needs an
Environmental policy and planning, while being globally sensitive must be based on local
needs. Finally, if sustainable development has to move from mere wishful thinking and
slogan-mongering into a reality, the world (developed and developing) as a whole has to
move towards a new world order in which new economic and technological orders are
dovetailed. Such an order has to be aimed at benefiting the poor because in the chain of
sustainable development, the weakest links are poverty and inequality. Last but not least, if
the principles of sustainable development are followed then definitely with the economic
growth and industrial development of a country environment protection can be maintained.

BIBLIOGRAPHY
Bell, Stuart; Gillivray, Donald MC; Environmental Law; 5th Edition,

2004, Universal Law Publishing Company, New Delhi.
Jaswal, Dr. P.S.; Jaswal, Dr. Nishtha; Environmental Law; 3rd Edition,
2012; Allahabad Law Agency, Faridabad.
Justice T S Doabia, Environmental & Pollution Laws in India, Wadhwa
& Cmpany Nagpur, New Delhi, 1st Edition, 2005, Volume-I
Negi, Dr. Vidya B.; Environmental Law- Issues & Concerns; Edition
2011; Regal Publication House, New Delhi
http://www.legrand.com/EN/sustainable-development-
description_12847.html
www.sprep.org/international/sustainable-development.
http://alexis.org.in/the-1992-rio-declaration-on-environment-and-
development-impact-on-policies-and-judgements/
http://judis.nic.in/supremecourt/imgs1.aspx?filename=41203
http://www.legalservicesindia.com/article/article/sustainable-
development-guiding-principles-and-values-1641-1.html
https://sustainabledevelopment.un.org/outcomedocuments/agenda21

Sustainable Development: A Project Report

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SUSTAINABLE

Submitted to: Submitted by:

Dr. Sabina Salim Abhishek Sharma (122/13)

ENVIRONMENT LAW (SUSTAINABLE DEVELOPMENT) Page 1

ENVIRONMENT LAW (SUSTAINABLE DEVELOPMENT) Page 2

Sustainable development- Introduction.

Principles of Sustainable development.

The Rio Declaration On Environment And Development (1992).

The 1992 Rio Declaration On Environment And Development Impact On

Policies And Latest Judgements.

Role Of Indian Judiciary In Sustainable Development.

Conventions On Climate Change And Biodiversity

ENVIRONMENT LAW (SUSTAINABLE DEVELOPMENT) Page 3

What Is Sustainable Development: Guiding Principles And Values

Undoubtedly, encouragement and boost to developmental activities is in the socio-economic

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Explaining the inter-dependence of conservation and sustainable development, the

BASIC OBJECTIVES OF SUSTAINABLE DEVELOPMENT

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SCOPE OF EXTENT OF SUSTAINABLE DEVELOPMENT

The concept of sustainable development, as pointed out the chairperson Ms.Brundtland in

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These principles are as follows:

(1) Inter-Generational Equity:-The principle of inter-generational equity pre-supposes the

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5. Polluter Pays Principle

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The issues addressed included:

systematic scrutiny of patterns of production particularly the production of toxic

An important achievement of the summit was an agreement on the Climate Change

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The Earth Summit resulted in the following documents:

Rio Declaration on Environment and Development

Convention on Biological Diversity

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The United Nations Conference on Environment and Development,

Having met at Rio de Janeiro from 3 to 14 June 1992,

The right to development must be fulfilled so as to equitably meet developmental and

In order to achieve sustainable development, environmental protection shall constitute an

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States should co-operate to strengthen endogenous capacity-building for sustainable

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States shall enact effective environmental legislation. Environmental standards, management

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National authorities should endeavour to promote the internalization of environmental costs

Environmental impact assessment, as a national instrument, shall be undertaken for proposed

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Warfare is inherently destructive of sustainable development. States shall therefore respect

Peace, development and environmental protection are interdependent and indivisible.

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THE 1992 RIO DECLARATION ON ENVIRONMENT AND DEVELOPMENT

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