Protection of
Environment For Sustainable Development
The
protection of environment is needed for sustainable development. The Industrial
pollution, degradation of forests, depletion of ozone layer, the green house
gases results in global warming and climate which will have an adverse impact
on environment and human health. There is a need for conservation of
Biodiversity, protection of wetlands and prevention of environmental pollution,
promotion of ecological balance enables sustainable development. There are
several provisions provided in Indian Constitution for Protection of
environment. There are certain legislations enacted viz. Environment Protection
Act, Wildlife Preservation Act, Biodiversity Conservation Act, water and Air
pollution prevention Acts etc The Judiciary playing a vital role in protection
of Environment. Through Judicial Activism the Supreme Court can
issue directions under writ Jurisdiction under Article 32 of Indian
Constitution. The United Nation Organisation passed several UN conventions like
Ramsar Convention on protection of wetlands, and UN convention on Biodiversity
etc. World Environment Day is being celebrated across the world on 5th June
every year.
Global Warming and Climate change
Global warming is the term
used to describe a gradual increase in the average temperature of the Earth’s
atmosphere and its oceans, a change that is believed to be permanently changing
the Earth’s climate. Even though it is an ongoing debate, it is proved by the
scientists that the planet is warming. Global warming is for real The average
global temperatures are higher than they have ever been during the past
millennium, and the levels of CO in the atmosphere have e crossed all previous
records. The climate is changing. The earth is warming up, and there is now
overwhelming scientific consensus that it is happening, and human-induced. With
global warming on the increase and species and their habitats on the decrease,
chances for ecosystems to adapt naturally are diminishing. Many are agreed that
climate change may be one of the greatest threats facing the planet. Recent
years show increasing temperatures in various regions, and increasing
extremities in weather patterns. Climate Change resulting from increased green
house gases concentrations has the potential to harm societies and eco-systems.
In particular, agriculture, forestry, water resources, human health, costal
settlements and natural eco-systems will need to adapt to a changing climate or
face diminishing functions. The changing climate patterns, and especially
increased frequency and severity of extreme events, will increase vulnerability
to the natural disasters, both slower on set ones such as drought and rapid onset
disaster such as flood and cyclones.
Forest Conservation
The role of forests in the
national economy and in ecology was emphasized in the 1988 National Forest
Policy, which focused on ensuring environmental stability, restoring the
ecological balance, and preserving the remaining forests. Other objectives of
the policy were meeting the need for fuel wood, fodder, and small timber for
rural and tribal people while recognizing the need to actively involve local
people in the management of forest resources. Also in 1988, the Forest
Conservation Act of 1980 was amended to facilitate stricter conservation
measures. The 2009 Indian national forest policy document emphasizes the need
to combine India's effort at forest conservation with sustainable forest management.
India defines forest management as one where the economic needs of local
communities are not ignored; rather forests are sustained while meeting
nation's economic needs and local issues through scientific forestry.
Protection of Wetlands
Wetlands are complex
ecosystems and encompass a wide range of inland, coastal and marine habitats.
They share the characteristics of both wet and dry environments and show
immense diversity based on their genesis, geographical location, hydro logical
regimes and substrate factors. They include flood plains, swamps, marshes,
fishponds, tidal marshes natural and man-made wetlands. Among the most
productive life support, wetlands have immense socio-economic and ecological
importance for mankind. They are crucial to the survival of natural
biodiversity. They provide suitable habitats for endangered and rare species of
birds and animals, endemic plants, insects besides sustaining migratory birds.
India has a wealth of wetland ecosystems distributed in different geographical
regions. India is also a signatory to the Ramsar Convention on Wetlands
and the Convention of Biological Diversity; Apart from government regulation,
development of better monitoring methods is needed to increase the knowledge of
the physical and biological characteristics of each wetland resource, and to
gain, from this knowledge, a better understanding of wetland dynamics and their
controlling processes. India being one of the mega diverse nations of the world
should strive to conserve the ecological character of these ecosystems along
with the biodiversity of the flora and fauna associated with these ecosystems.
The Convention on Wetlands, signed in Ramsar, Iran, in 1971, is an
intergovernmental treaty which provides the framework for national action and
international cooperation for the conservation and wise use of wetlands and
their resources. There are presently 158 Contracting Parties to the Convention,
with 1758 wetland sites, totaling 161 million hectares, designated for
inclusion in the Ramsar List of Wetlands of International Importance. Ramsar
Convention is the only global environment treaty dealing with a particular
ecosystem. The Ramsar Convention on Wetlands was developed as a means to call
international attention to the rate at which wetland habitats were
disappearing, due to lack of understanding of their important functions,
values, goods and services. Governments which have joined the Convention are
expressing their willingness to make a commitment for helping to reverse that
history of wetland loss and degradation. In addition, many wetlands are
international systems lying across the boundaries of two or more countries, or
are part of river basins that include more than one country.
Conservation of Biodiversity
Conservation of Biodiversity
is the need of the hour. The Biological Diversity Act, 2002 is a federal
legislation enacted by the Parliament of India for preservation of biological
diversity in India, and provides mechanism for equitable sharing of benefits
arising out of use of traditional biological resources and knowledge. The Act
was enacted to meet the obligations under Convention on Biological Diversity
(CBD), to which India is a party. The National Biodiversity Authority
(NBA) was established in 2003 to implement India’s Biological
Diversity Act 2002. The NBA is a Statutory, Autonomous Body and it performs
facilitation, regulatory and advisory function for the Government of India on
issues of conservation, sustainable use of biological resources and fair and
equitable sharing of benefits arising out of the use of biological resources.
Wildlife Conservation
Wildlife conservation is
the practice of protecting endangered plant and animal species and
their habitats. Among the goals of wildlife conservation are to
ensure that nature will be around for future generations to enjoy and to
recognize the importance of wildlife and wilderness lands to humans. Many nations
have government agencies dedicated to
wildlife conservation, which help to implement policies designed to protect
wildlife. Numerous independent nonprofit organizations also promote
various wildlife conservation causes. Wildlife conservation has become an
increasingly important practice due to the negative effects of human activity on wildlife.
Wildlife Conservation Act 2002 was enacted to protect wildlife in India. The
main objective of Project Tiger is to ensure a viable
population of tiger in India for scientific, economic, aesthetic, cultural and
ecological values and to preserve for all time, areas of biological importance
as a natural heritage for the benefit, education and enjoyment of the people.
Project Elephant (PE), a centrally sponsored scheme, was launched
in February 1992 to provide financial and technical support to major elephant
bearing States in the country for protection of elephants,
their habitats and corridors.
Ozone Depletion
Ozone depletion describes two distinct but related phenomena
observed since the late 1970s: a steady decline of about 4% per decade in the
total volume.
Ozone in Earth's stratosphere (the ozone layer), and a much larger springtime decrease in
stratospheric ozone over Earth's polar regions. The latter phenomenon is
referred to as the ozone hole. In addition to these
well-known stratospheric phenomena, there are also springtime polar troposphere
ozone depletion events. The details of polar ozone hole formation differ from
that of mid-latitude thinning, but the most important process in both. is catalytic destruction
of ozone by atomic halogens. The main source of these halogen
atoms in the stratosphere is photo dissociation of man-made halo carbon refrigerants (CFCs, freons, halons). These compounds are transported into the stratosphere
after being emitted at the surface. Both types of ozone depletion were
observed to increase as emissions of halo-carbons increased. CFCs and other
contributory substances are referred to as ozone-depleting substances (ODS).
This is used to protect the ozone layer which protects humans from ultra-violet
rays of Sun.
Environmental Impact Assessment
An environmental
impact assessment (EIA) is an assessment of the possible impacts that a
proposed project may have on the environment, consisting of the environmental, social and economic aspects. The
purpose of the assessment is to ensure that decision makers consider the
environmental impacts when deciding whether or not to proceed with a project.
The International Association for Impact Assessment (IAIA) defines an
environmental impact assessment as "the process of identifying,
predicting, evaluating and mitigating the biophysical, social, and other relevant effects of development
proposals prior to major decisions being taken and commitments made." EIAs
are unique in that they do not require adherence to a predetermined
environmental outcome, but rather they require decision makers to account for
environmental values in their decisions and to justify those decisions in light
of detailed environmental studies and public comments on the potential
environmental impacts.
Environment and Indian Constitution
The Indian Constitution
guarantees justice, liberty and equality to all citizens of the country. In
Maneka Gandhi's case the court gave a new dimension to Article 21. It held that
the right to 'live' is not merely confined to physical existence but it include
within its ambit the right to live with human dignity. The same view was
reflected by Court in Francis Coralie V. Union Territory of Delhi said that the
right to live is not restricted to mere animal existence. Article 21 also
constitute right to get pollution free water and air. Article 48 of Directive
Principles of State Policy directs that the State to take steps to organize
agriculture and animal husbandary on modern and scientific lines. Again Article
48-A requires the State to take steps to protect and improve the environment
and to safeguard the forests and wildlife of the country. In M.C. Mehta (II) V.
Union of India, the Supreme Court, relying on Article 48-A gave direction to
Central and State Governments and various local bodies and Boards under the
various statutes to take appropriate steps for the prevention and control of
pollution of water. Article 51-A says that it shall be the duty of every
citizen of India to protect and impove the natural environment including
forests, lakes, rivers and wildlife, and to have compassion for living.
Role of Judiciary in Environmental Protection
One of
the most innovative parts of the Constitution is that right to enforce the
fundamental rights by moving Supreme Court is itself a fundamental right under
article 32 of the Constitution. Writ juridisdiction is conferred on
Supreme Court under Article 32 and High Courts under Article 226 of the
Constitution. Under these provisions Supreme Court and High Courts have the
power to issue any directions or orders writ, including writs in the nature of
habeas corpus, mandamus, prohibition, quo-warrant and certiorari, whichever is
appropriate High Court is wider in scope than that of Supreme Court. However,
it may be pointed out that the law declared by the Supreme Court shall be
binding on all Courts within the territory of India. Moreover, the Supreme
Court in exercise of its jurisdiction may pass such decree or make such order
as is necessary for doing complete justice in any cause or matter pending
before it. The Supreme Court and also various High Courts have taken
innumerable measures in a series of their landmark judgements. Over the years
the apex Court has been paying special attention for the protection of
environment by giving effective directions to all the persons concerned with
the matter by invoking its powers under the Article 32. An analysis of the
various decisions of the Supreme Court reveals that the Apex Court has
exercised its writ jurisdiction when there was leakage of hazardous gases like
Chlorine from the Shri Ram Industries, throwing of waste material of alcohol
plants into the adjoining nala resulting in spreading of obnoxious cells being
released apart from mosquito breeding, discharge of highly toxic affluent by
the tanneries, safety and insurance for the benefit of workers at the cost of
employer, to entertain public grievances relating to environment in the nature
of public inters litigation for banning of harmful drugs, pollution of holy
Ganga by municipal sewage and industrial affulents, illegal mining of effecting
ecology, pollution of waters in river polar in Tamil Nadu due to discharge of
untreated affulents, assuring sustainable development detrimental to the forest
growth, damage to the Taj Mahal, one of the seven wonders of the world,
protecting the people from suffering of respiratory and other diseases
reminding the enforecment agencies to do the job. The Environment pollution is
not confined only to any particular country or particular region. It is
widening and crossing over the state and political boundaries affecting land,
water, air, space, perversely. Realising the degraded consequences of the
environmental pollution and its future impact on living being the battle legal,
political and scientific, has started in all forums of international, regional
and national organizations.
The National Green Tribunal was established on 18.10.2010 under the National
Green Tribunal Act 2010 for effective and expeditious disposal of cases
relating to environmental protection and conservation of forests and other
natural resources including enforcement of any legal right relating to
environment and giving relief and compensation for damages to persons and
property and for matters connected therewith or incidental thereto. It is a
specialized body equipped with the necessary expertise to handle environmental
disputes involving multi-disciplinary issues. The Tribunal shall not be bound
by the procedure laid down under the Code of Civil Procedure, 1908, but shall
be guided by principles of natural justice. New Delhi is the Principal Place of
Sitting of the Tribunal and Bhopal, Pune, Kolkata and Chennai shall be the
other four places of sitting of the Tribunal.
Legislations on Environment
Environmental quality has
deteriorated during past two decades. This is because of the gap between the
intent of the policy and the actual achievement. India's environmental problems
are mainly due to its high population and limited natural resources. Protection
of the environment poses a fundamental challenge to the nations desire to
industrialize faster. Various efforts are being made to control India's
environmental problems. The government has recognized the need for planned land
and water resource management and the protection of environmental resources is
included in the constitution since 1976. The constitution, 42th amendment
act of 1977 obligates the Government to protect and improve environment for the
good of society as a whole. It also makes an environmental protection an
obligation of the state and individual citizen and reads, "The state shall
Endeavor to protect and improve the environmental and to safeguard forests and
wildlife of the country." Article 51-A (9) states "It shall be duty
of every citizen of India to protect and improve the natural environment
including forests, lakes, rivers, wildlife and to have compassion for living
creatures." A lot of Acts like Biodiversity Conservation Act, environment
Protection Act, Wildlife Preservation Act, Water Pollution Prevention Act, Air
Pollution Prevention Act etc. are enacted from time to time for environment
preservation.
Sustainable Development
Economic
development also refer as generally refers to the sustained, concerted
actions of policy makers and communities that promote
the standard of living and economic health of a specific
area. Economic development can also be referred to as the quantitative and
qualitative changes in the economy. Such actions can involve multiple areas
including development of human capital, critical infrastructure, regional competitiveness, environmental,
sustainability, social, inclusion, health, safety, literacy,
and other initiatives. Economic development differs from economic growth.
Economic development is a policy intervention endeavour with aims of
economic and social well-being of people, economic growth is a phenomenon
of market productivity and rise in GDP. Consequently, as
economist Amartya Sen points out: “economic growth is one aspect of
the process of economic development. We should handover Quality Air, land and
environment to future generations.
World Environment Day is
being celebrated across the world on 5th June every year.
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