ENVIRONMENT FRIENDLY DEVELOPMENT

Introduction

Environmentally sustainable development ensures that the environment is either earth-friendly or not negative. Items and activities that contribute to green living and help save resources such as water and energy are most often referred to in this term. Eco-friendly goods also prevent air, water and land emissions, which in turn has a beneficial effect on society’s health and well-being. To minimize the negative impact of economic growth on the climate, by becoming more mindful of how to use energy, it is important to be conscious of and partake in eco-friendly habits or practices.

Approximately 68% of the population of India lives in villages and their livelihood is directly related to the natural environment. Poor villagers seldom earn equal prices for their crops, goods and labor, in view of their varied abilities. Many are required to move to towns that are already crowded. Improving the skills of farmers and translating them into viable business prospects at the grassroots level is the path to an economically developed India. Via NGO partners, IDRF supports numerous initiatives that promote rural enterprises such as organic farming, dairies, weaving and water recycling by combining clean-energy technologies and practices as well as biodiversity and natural resource management.

Legislations Regarding Environment

Constitutional Provisions:

  • Article 21 states the right to pollution free environment.
  • Article 48-A provides that, preserving and improving the atmosphere and protecting forest and wildlife, the State shall seek to protect and preserve the environment and to protect the forest and wildlife of the land.
  • Article 51-A (g) provides the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.

Environmental Legislations:

General:

  • The Environment Act, 1986 allows the government to safeguard and enhance the quality of the environment, to regulate and minimize pollution, and to ban or forbid, the performance of any factory facility on the base of environment.
  • The aim of Hazardous Waste Rules, 1989 is to regulate the production, collection, disposal, importation, storage& managing of harmful waste
  • The Biomedical waste Rules, 1998 is a legal obligation to streamline the method of proper management of patient waste, such as segregation, storage, processing and treatment, for health care facilities.
  • Factories Act, 1948 and Amended in 1987 was the initial step to determine worry about the workers’ operational environment. The 1987 amendment its emphasis on the environment and applied its reach to harmful procedures.
  • Environment Rules, 1999 set down complete statutes about the places to be kept away for the location of factories, the steps to be considered for selecting sites and the environmental conservation considerations to be included in the period of executing the industrial development programs.

Forest and Wildlife:

  • The Indian Forest Act and Amendment, 1984 was adopted to “consolidate the forest law, the movement of forest resources, and the leviable duty on timber and other products.”
  • The Wildlife Protection Act, Rules 1973 and Amendment 1991 are for safeguarding of and for all matters pertaining to birds and animals.
  • The Forest (Conservation) Act and Rules, 1981, enacted to protect and conserve the forests.
  • The Biological Diversity Act, 2002 is an act to ensure the protection of ecosystem, the sustainable usage of elements & the fair and equal share of benefits.

Water:

  • The Water (Prevention and Control of Pollution) Act, 1974 it establishes an institutional framework for water pollution control and mitigation. 
  • The Water Act, 1977 adopted to impose and collect fees on local authorities and on water consuming industries.
  • The Coastal Regulation Zone Notification, 1991 Puts laws on diverse operations, along with construction. 

Air:

  • The Air Rules, 1982 establish the protocols and the powers delegated to the meetings of the Boards
  • Air  Amendment Act, 1987 authorizes the pollution control boards centre& state to consider the serious things of air pollution
  • Air Act, 1981 ensures to manage and mitigation of air pollution. It makes the CPCB (Central Pollution Control Board) with the authority to enact this act.

Case Laws Relating to the Environment

Constitutional Interpretation of Environment

The Supreme Court in Damodar Rao v. S.O. Municipal Corporation said that the pollution of the environment that is steadily poisoning the ecosystem must also be considered as a violation of Article 21 of the Indian Constitution.

In Sachidanand Pandey v. State of West Bengal noted that if a case pertaining to an environmental issue is taken before the Court, Court is obliged to take into account the above-mentioned articles.

Public Liability and Public Nuisance

M.C. Mehta and Anr. etc v. UOI & Ors. Etc, the idea of Public Liability is discussed. The case is often referred to as the Oleum Leakage Case. It is a famous decision in which the Supreme Court of India set down the principle of absolute liability. The Court held that permission could not be given to allow permission to carry out any risky industry so close to ecosystem of humans, and the industry was moved.

Sustainable Development

Rural Litigation and Entitlement Kendra, Dehradun v. State of Uttar Pradesh, introduced the “Sustainable Development” concept. A suit on the limestone excavation in valley was brought by an NGO RLEK in 1987. It has been mentioned that mankind’s permanent riches should not be depleted only with our generation. Resources must be used with the required consideration, and then the ecosystem and the environment may not be seriously impacted.

Environmental Impact Assessment

In Indian Council for Enviro-Legal Action v. UOI, it was viewed that the costs for preventing or resolving destruction created by pollution must exist with the undertakings that pollute environment by implementing ‘Polluter Pays Principle’.

Water Pollution

In M.C. Mehta v. Union of India held near Kanpur, for the closure of polluting tanneries. It was noted in this decision that just as a factory that may not pay its employees min. wages cannot be allowed to exist, a tannery that must not establish a prominent treatment plant must not be permitted to continue to exist.

Air Pollution

The Apex Court in M.C. Mehta v. Union of India issued the historic judgment by declaring various orders, that contain forbidding of the use of coal and heading the industries of Compressed Natural Gas. 

Protection of Forest and Wildlife Case

Livelihoods of people who are living in forests have been negatively impacted by the hampering of forests in the Nilgiri, Tamil Nadu. The Apex Court in TN Godavarman Thirumulpad v. UOI and Ors, planned to establish a Compensatory afforestation Funds Management and Planning Authority to manage afforestation, to supervise the compensation incurred as a result of deforestation, and to step up activities to conserve natural forests.

For Trust of People& Right to Life

In M.C. Mehta v. Kamal Nath and Ors, the Court held that the Government hasn’t considered the Public Trust Doctrine. The State Government of Himachal Pradesh leased a safeguarded forest area on side of the Beas River to motels for purposes involving commercial activities. In 1996, a decision was passed by the Supreme Court to make the Government more reasonable for the protection of resources of nature.

The right to environment of pollution-free recognized as being form of the right to life in Article 21 of the Indian Constitution.  In Subhash Kumar v. State of Bihar and Ors, the right to life is a basic right that contains enjoying right of the pollution-free atmosphere. 

Conclusion

The natural world makes human survival possible, and our cultural climate is strengthened by the identification of you. It’s important, however that society and the economic development be eco friendly. The positive outlook is one for climate where we gain the right balance between:

  1. Efficient strategies, projects and services (e.g. involvement of society and voluntary initiatives) continue to be funded and implemented
  2. Innovative methods and strategies which are now introduced  (for example,  policies, innovations& leadership that decouple the economy from the damage of environment, environmental economic accounting& assessment, strategy to mitigate plastic waste in marine ecosystems, initiatives to reduce air emissions in marine environments) are being further developed, evaluated and where needed, implemented.
  3. For longer term, the introduction and adoption of new laws, procedures, systems and instruments that involves the convergence of policies and procedural methods through jurisdictions& industries.

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