JAMIA MILLIA ISLAMIA

IMPLEMENTATION OF SUSTAINABLE
DEVELOPMENT
Submitted to – Dr. Ghulam Yazdani

SUBMITTED BY – ANAS MOHSIN

B.A.LL.B.(H) 6th Sem. (Reg.)
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ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to my teacher “DR.

GHULAM YAZDANI” who gave me the golden opportunity to do Assignment on
“IMPLEMENTATION OF SUSTAINABLE DEVELOPMENT” which also
helped me in doing a lot of Research and I came to know about so many new
things, I am really thankful to him.

Secondly, I would also like to thank my parents and friends who helped me a lot in
finalizing this assignment within the limited time frame.

-ANAS MOHSIN
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INTRODUCTION

Sustainable development is defined as “development that meets the needs of the

present without compromising the ability of future generations to meet their own
needs.” The concept of needs goes beyond simply material needs and includes
values, relationships, freedom to think, act, and participate, all amounting to
sustainable living, morally, and spiritually.

Sustainable development is the need of the present time not only for the survival of
mankind but also for its future protection. Unlike the other great revolutions in
human history the Green Revolution and the Industrial Revolution the ‘sustainable
revolution’ will have to take place rapidly, consciously and on many different
levels and in many different spheres, simulta-neously.

On the technical level, for example, it will involve the sustainable technologies
based upon the use of non-renewable, fossil fuels for technologies that take
advantage of renewable energies like the sun, wind and biomass, the adoption of
conser-vation and recycling practices on a wider scale, and the transfer of f cleaner
and more energy efficient technologies to countries in the developing world.

On the political and economic levels, it will involve, among other things, the
overhauling of development and trade practices which tend to destroy the
environment, and the improvement of indigenous peoples, a fairer distribution of
wealth and resources within and between nations, the charging of true cost for
products which exploit or pollute the environment, and the encouragement of
sustainable practices through fiscal and legal controls and incen-tives.
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On the social plane, it will involve a renewed thrust towards universal primary
education and health care, with particular emphasis on the education and social
liberation of women. On the environmental level, we are talking about massive
afforestation projects, renewed research into and assistance for organic farming
practices and biopest control, and the vigorous protection of biodiversity. On the
informational level, the need is for data that will allow the development of accurate
social and environmental accountancy systems.

The aim of ecologically sustainable development is to maximize human well-being

or quality of life without jeopardizing the life support system. The measures for
sustainable development may be different in developed and developing countries
according to their level of technological and economic development.
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HISTORY

The 30-year journey of four World Summits from Stockholm to Nairobi to Rio and
to Johannesburg has put the world on notice that achieving sustainable
development in the twenty-first century is not an option but an imperative.

The 1972 UN conference in Stockholm highlighted the concerns for preserving and
enhancing the environment and its biodiversity to ensure human rights to a healthy
and productive world. The developing countries argued that their priority was
development, whereas the developed countries made a case for environmental
protection and conservation as the prime issue.

The 1982 Nairobi Summit reviewed the progress in the decade since the
Stockholm Conference and called upon national governments to intensify efforts to
protect the environment and stressed the need for international cooperation.
However, the tensions between Western Governments and the Soviet Union
marred progress and commitment toward a Nairobi action plan.

In 1983 the United Nations Commission on Environment and Development was

created and in 1987, the Commission issued the Brundtland Report. This report
highlighted that equity, growth, and environmental maintenance are
simultaneously possible and that each country is capable of achieving its full
economic potential while at the same time enhancing its resource base. It
emphasized three fundamental components to sustainable development:
environmental protection, economic growth, and social equity.

During the period 1972–92, over 200 regional and international agreements and
conventions for environmental protection and conservation were adopted.
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However, most of these agreements were negotiated individually and treated as

‘separate entities’, with many lacking systemic integration within the social,
economic, and environmental framework of sustainable development.

In 1992, the Earth Summit brought the world’s governments to deliberate and
negotiate an agenda for environment and development in the twenty-first century.
At a parallel Global Forum, nongovernmental organizations from around the world
also discussed and deliberated strategies for sustainable development. While there
was little formal interaction between these two meetings, the world’s civil societies
succeeded in having their voices noticed. It was an important step toward future
dialog and active participation of civil society in sustainable development regimes
from local to global levels.

The Earth Summit unanimously adopted the Agenda 21, a comprehensive blue
print of actions toward sustainable development, including detailed work plans,
goals, responsibilities, and also estimates for funding. Other important
accomplishments included the Rio Declaration, a statement of broad principles to
guide national conduct on environmental protection and development, and
adoption of treaties on climate change and biodiversity, and forest management
principles.

The first principle of the Rio Declaration states “human beings are at the centre of
concerns for sustainable development.” The declaration also highlighted the
‘polluter-pays-principle’ and the ‘precautionary principle’, as important
considerations for the protection and conservation of nature.

Whether addressing vulnerability to environmental change, responsibility for

environmental degradation and loss of biodiversity, or policy priorities, careful
consideration of the particular groups of people involved, and their social,
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economic, and environmental conditions, is essential. Focusing on people – their

rights, capabilities, and opportunities – has multiple benefits for individuals,
society, and their relationship with the environment.

Agenda 21 pointed out that different populations had ‘common but differentiated
responsibilities’ for impacts on the environment. In Rio, the thinking was
dominated by the goal of converging trends in different parts of the world. There
was the clear hope that the developing countries would catch up, while the rich
countries would become increasingly environmentally conscious and curb their
excessive consumption and the related pollution and waste. This has not come to
pass.

Consumption per se is not something to be avoided since it is one important aspect

of improving human well-being. Equally important is the recognition that the
relationships between well-being, levels of consumption, and environmental
impacts depend on the value systems, the effectiveness of institutions, including
forms of governance, as well as science, technology, and knowledge.

The lack of progress in turning Agenda 21 into actions for sustainable development
leads to the 2002 Johannesburg World Summit on sustainable development.
Johannesburg put the thrust on public–private partnerships for sustainable
development through an endorsement of some 500 such partnerships but most of
these agreements failed to be implemented.

Prior to the Johannesburg Summit, in September 2000, political leaders from

around the world took an unprecedented step of setting concrete 2015 targets for
millennium development goals (MDGs) related to the priority challenges of
sustainable development, namely, poverty, hunger, education, gender, health,
environmental sustainability, and a global partnership for development. All these
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issues are interrelated; one cannot be solved without tackling the others. The
progress up to 2007 indicates that many of these MDGs are unlikely to be realized
by 2015.

The nations of the world at the Earth Summit failed to mobilize the financial
resources for the implementation of Agenda 21, and the WSSD in Johannesburg
failed to turn agenda into actions. The critical issues of education and human
capital were also not on the WSSD agenda. The scientific and technological
capacity is essential and educational and research institutions around the world
have a fundamental responsibility to contribute to this.

Education comprises a lifelong learning system to cope with the changing needs
and aspirations of society. The United Nations Decade of Education for
Sustainable Development, starting in 2005, lays the foundation to reform and
mobilize education at all levels, from schools to universities, in support of
sustainable development.
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GOALS OF SUSTAINABILITY

In 2012, the United Nations Conference on Sustainable Development met to

discuss and develop a set of goals to work toward; they grew out of the Millennium
Development Goals that claimed success in reducing global poverty while
acknowledging there was still much more to do. The Sustainable Development
Goals (SDG) eventually came up with a list of 17 items that included amongst
other things:

• The end of poverty and hunger

• Better standards of education and healthcare, particularly as it pertains to water

quality and better sanitation

• To achieve gender equality

• Sustainable economic growth while promoting jobs and stronger economies

• Sustainability to include health of the land, air, and sea

Finally, it acknowledged the concept of nature having certain rights, that people
have stewardship of the world, and the importance of putting people at the
forefront of solving these global issues.

Thus, sustainable development recognizes that growth must be both inclusive and
environmentally sound to reduce poverty and build shared prosperity for today’s
population and to continue to meet the needs of future generations. It is efficient
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with resources and carefully planned to deliver both immediate and long-term
benefits for people, the planet, and prosperity. The three pillars of sustainable
development–economic growth, environmental stewardship, and social inclusion
carry across all sectors of development, from cities facing rapid urbanization to
agriculture, infrastructure, energy development and use, water availability, and
transportation.

Many of these objectives may seem to conflict with each other in the short term.
For example, industrial growth might conflict with preserving natural resources.
Yet, in the long term, responsible use of natural resources now will help ensure
that there are resources available for sustained industrial growth far into the future.

Economic development is about providing incentives for businesses and other

organizations to adhere to sustainability guidelines beyond their normal legislative
requirements. The supply and demand market is consumerist in nature, and modern
life requires a lot of resources every single day; economic development is about
giving people what they want without compromising quality of life, especially in
the developing world.

Social development is about awareness of and legislation protection of the health

of people from pollution and other harmful activities of business. It deals with
encouraging people to participate in environmental sustainability and teaching
them about the effects of environmental protection as well as warning of the
dangers if we cannot achieve our goals.

Environmental protection is the need to protect the environment, whether the

concept of 4 Rs (reduce, recycle, recover, and reuse) are being achieved or not.
Businesses that are able to keep their carbon emissions low is toward
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environmental development. Environmental protection is the third pillar and, to

many, the primary concern of the future of humanity.

It defines how to protect ecosystems, air quality, integrity, and sustainability of our
resources and focuses on the elements that place stress on the environment. It also
concerns how technology will drive our greener future; and that developing
technology is key to this sustainability and protecting the environment of the future
from potential damage that technological advances could potentially bring.

The process of describing indicators helps diverse members of a community reach

consensus on what sustainability means. Indicators help put sustainability in
concrete terms that demonstrate a new way to measure progress. Concepts like a
person’s ecological footprint help people understand how their everyday actions
relate to issues that seem beyond the reach of a single individual and explain
sustainability.
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IMPLEMENTATION OF SUSTAINABLE
DEVELOPMENT

India along with other countries signed the declaration on the 2030 Agenda for
Sustainable Development, comprising of seventeen Sustainable Development
Goals (SDGs) at the Sustainable Development Summit of the United Nations in
September 2015. RIS through its work programme on SDGs in collaboration with
UN in India pursued a rigorous research agenda to explore various facets of India’s
negotiations, adoption and implementation of SDGs.

As part of the work programme, RIS launched a special paper series on each of the
17 SDGs and two cross cutting themes – technology and finance authored by
eminent experts in the related subjects. This publication is a compilation of the
thematic papers and addresses key issues like: achievements under the
respective/related MDG targets; remaining gaps in fulfilling targets under the
respective/related MDG; philosophy and concept of the respective SDG and the
targets; and implementation framework to be adopted by India in fulfilling the
goal.

Developing countries, like India, can focus attention on the following measures:

1. Ensure clean and hygienic living and working conditions for the people;

2. Sponsor research on environmental issues pertaining to the region;

3. Ensure safety against known and proven industrial hazards;

4. Find economical methods for salvaging hazardous industrial wastes;

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5. Encourage afforestation;

6. Find out substitutes for proven hazardous materials based on local resources and
needs instead of blindly depending on advanced nations to find solutions;

7. Ensuring environmental education as a part of school and college curriculum;

8. Encourage use of non-conventional sources of energy, specially solar energy;

9. As far as possible, production of environment-friendly products should be

encouraged;

10. Use of organic fertilizers and other bio techniques should be popularized;

11. Environmental management is the key for sustainable devel-opment, and it

should include monitoring and accountability; and

12. Need for socialization and also humanization of all environ-mental issues.

"Environmental issues are best handled with 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."
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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
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. In the
instant case, dispute arose over some tanneries in the state of Tamil Nadu. These
tanneries were discharging effluents in the river Palar, which was the main source
of drinking water in the state .

The Hon'ble Supreme Court held that:

We have no hesitation in holding that the precautionary principle and polluter

pays principle are part of the environmental law of India.

The court also held that:

Remediation of the damaged environment is part of the process of 'Sustainable

Development' and as such polluter is liable to pay the cost to the individual
sufferers as well as the cost of reversing the damaged ecology.

But before Vellore Citizen's case, the Supreme Court has in many cases tried to
keep the balance between ecology and development.

In Rural Litigation and Entitlement Kendra Dehradun vs. State of Uttar

Pradesh, which was also known as Doon valley case, dispute arose over mining in
the hilly areas. The Supreme Court after much investigation, ordered the stopping
of mining work and held that:
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“This would undoubtedly cause hardship to them, but it is a price that has to be
paid for protecting and safeguarding the right of the people to live in healthy
environment with minimal disturbance of ecological balance and without
avoidable hazard to them and to their cattle, homes and agricultural land and
undue affection of air, water and environment."

However in 1991, in the Rural Litigation and Entitlement Kendra vs. State of
U.P. the Supreme Court allowed a mine to operate until the expiry of lease as
exceptional case on condition that land taken on lease would be subjected to
afforestation by the developer. But as soon as the notice was brought before the
court that they have breached the condition and mining was done in most
unscientific way, the Supreme Court directed the lessee to pay a compensation of
three lacs to the fund of the monitoring committee. This has been directed on the
principle of 'polluter pays'.

Likewise, various forests have also been protected. In a landmark case Tarun
Bhagat Singh vs. Union of India, the petitioner through a PIL brought to the
notice of the supreme court that the state government of Rajasthan though
empowered to make rules to protect environment, failed to do so and in contrary
allowed mining work to continue within the forest area. Consequently, the
Supreme Court issued directions that no mining work or operation could be
continued within the protected area.

But it would be unwise to hold that the courts always favour environment without
giving any significance to the development aspect when dispute arises between
environment and development.
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In M.C.Mehta vs. Union of India 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 it 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.
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CONCLUSION

Environment and development are two sides of the same coin. Any one of these
cannot be sacrificed for the other. On contrary, both are equally important for our
better future. Thus the responsibility lies on the Supreme Court and the various
High Courts to deal with these cases with caution of high degree. Then only, we
will achieve our goal i.e. to secure a pollution free developed country for our next
generation.

Sustainable development is necessary and most important in all cases of

environment and also in all of the Nations of the world. Now a days sustainable
development has protected environment and world. It make balance between
environment and development. It is true that in a developing country there shall
have to be developments. Time has now come to check and control the degradation
of the environment. Law Courts also have a duty towards the society for its proper
growth and further development and also by reason of definite legislations in
regard thereto. It is a plain exercise of the judicial power to see that there is no
such degradation of the society and there ought not to be any hesitation in regard
thereto but does that mean and imply stoppage of every development programme,
the answer is ‘NO’. There shall have to be proper balance between the
development and the environment so that both can co-exist without affecting the
other. The Supreme Court of India has made immense contribution to
environmental jurisprudence of our country.
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BIBLIOGRAPHY

BOOKS:

 Paras Diwan - Environment Administration Law and judicial attitude.

 Environmental Law by H.N. Tiwari.
 Law relating to Environmental pollution and protection by Dr. N.
Maheshwara Swamy
 Environmental Law by Dr.Paramjit Jaswal and Dr. Nistha Jaswal.
 Environmental Law and Policy in India by Shyam Divan and Armin
Rosencranz.

WEBSITES:

 www.scconline.com

 www.academia.com

 www.indiankanoon.com

 www.manupatra.com