BADAL KUMAR GUPTA
AMITY LAW SCHOOL, NEW DELHI (GGSIPU)
F-1Block, Sector-125, Amity University Campus, Noida, UP-201303 Mob: +91-9818763318, 8802336241
Mailing Address: D-82, Sector- 49, Noida, Uttar Pradesh-201301
Environment, Development and Sustainability: A Relationship
Environment and development can not be seemed as disparate entities; both are complementary to each other. Humanity needs to evolve to survive, each time increases greater demands, issues and challenges, but the development can be only positive if its basis will be on long term vision, insight and conservationists and sustains life and ability of future generation to enjoy what they enjoy in present which is only possible with sustainable development. In the modern country, the right to development and right to healthy environment are the third generation collective rights but the right to development is subjected to legal measures in relation to environment and health. This paper deals with in and around the national legal framework and analyse the same. Further, the paper delves into the matters of some contemporary challenges to sustainable development and state policies with regards to tackle these challenges. An enquiry into the present legal framework in India is important as it would help in understanding the implications of the international environmental law in the domestic situation and also help in stock taking of the present legal framework in India. The paper will also focus on India’s policy on environment and its legislation, its international obligations and how it adopts measures to implement them. Keywords: Sustainable Development, Environmental Issues, National Implementation measures, Role of Judiciary.
The fundamental question before us today is the whether we can allow the destruction of the environment leading to the destruction of the living creatures of the world including human being- the answer will be obviously “NO”. The protection of environment is an international issue and it is not an isolated problem of any area or nation. The problem of environmental pollution in an increasingly small world concerns all countries irrespective of their size, level of development or ideology. However, different spheres of the problem of environment protection and its management have taken a serious turn in the recent times. Today’s society interaction with the nature is so excessive that environmental challenge has assumed proportions affecting all humanity. While the scientific and technological progress of men has invested him with the immense power over nature, it has also resulted in the unthinking use of power, encroaching endlessly on nature. It is the basic right of all to live in healthy environment with human dignity. However, the acute poverty in the country requires developmental process to be accelerated, but we can not do so at the cost of the natural environment thereby endangering not only the present generation but also the future generation. The inevitable and immense need of this time is the “Sustainable Development”. At present, human beings are indeed at the heart of the search for sustainable development as our very survival depends on very narrow range environmental conditions. There is the close relationship which exists between a healthy environment and the economic conditions of the society at the large. The problems of environmental pollution are the problem of the both- developed and developing countries. In India, elsewhere in the world, uncontrolled, growth and consequent environmental deterioration are fast assuming menacing proportions and all Indian cities and majority of the population are afflicted with the problems. Global warming, ozone depletion and toxic pollution are some negative effects of the development strategy. Despite...