CENTRAL UNIVERSITY OF SOUTH BIHAR.

GAYA 823001 .
PROJECT WORK on the TOPIC – INTERGENERATIONAL EQUITY.

Under the supervision of

Dr.Ajay kumar Barnwal.
School of Law and Governance

Submitted by:
Soni kumari
B.ALL.B (2016-2021)
E.NO.CUSB1613125047
School of Law and Governance

ACKNOWLEDGEMENT
The present project on the “Intergenerational Equity ” has been able to get its final shape
with the support and help of people from various quarters. My sincere thanks go to all the
members without whom the study could not have come to its present state. I am proud to
acknowledge gratitude to the individuals during my study and without whom the study may
not be completed. I have taken this opportunity to thank those who genuinely helped me.

With immense .pleasure, I express my deepest sense of gratitude to Dr.Ajay kumar Banrwal,
school of law and governance, Central University of South Bihar for helping me in my
project. Not to forget thanking to my parents without the co-operation of which completion
of this project would not had been possible. II have made every effort to acknowledge
credits, but I apologies in advance for any omission that may have inadvertently taken place.

Last but not least I would like to thank Almighty whose blessing helped me to complete the
project.

Suryakant .
S.No Title Particulars
Page No.

1. Introduction 5

2. Definition and Concept of Intergeneration Equity 6to 8

3. Alternative approaches to Intergenerational Equity 8&11

4. The proposed theory of Intergenerational Equity 13&14

5. Principles of Intergenerational Equity 15

6. Intergenerational Equity in International Perspective 16 to18

 Introduction

The environment is something we are very familiar with. It's everything that makes up our
surroundings and affects our ability to live on the earth—the air we breathe, the water that
covers most of the earth's surface, the plants and animals around us, and much more. The
word Environment is derived from the French word “Environ” which means “surrounding”.
Our surrounding includes biotic factors like human beings, Plants, animals, microbes, etc and
abiotic factors such as light, air, water, soil, etc.

Environment is a complex of many variables, which surrounds man as well as the living
organisms. Environment includes water, air and land and the interrelation ships which exist
among and between water, air and land and human beings and other living creatures such as
plants, animals and microorganisms. As we all know that environment consists of an
inseparable whole system constituted by physical, chemical, biological, social and cultural
elements, which are interlinked individually and collectively in myriad ways. It is therefore,
very important to understand and appreciate the importance of ‘environment’ in our daily life.
It is the environment which regulate the entire life of human being. The environmental factor
are in our all around, the society in which we live. So it important for us to protect these thing
as entire life on earth depends on it. If we go in details then we find that, In recent years,
scientists have been carefully examining the various ways by which people affect the
‘Environment’. They have found that we are causing air pollution, deforestation, acid rain,
and other problems that are dangerous both to the earth and to ourselves. We may have heard
of laws, rules and regulations to deal with the abovementioned situations. Yes it is, but it is
the duty of the Government to show keen interest in protecting and promoting the
environment and consequently enacted various Environmental Laws and all those thing has
great influence from our law of Land(Constitution). Environmental protection is a practice of
protecting the natural environment at individual, organizational or governmental levels, for
the benefit of the natural environment and humans. Due to the pressures of population and
technology, the biophysical environment is being degraded, either partially or permanently.
This has been recognized, and governments have begun placing restraints on activities that
cause environmental degradation. Since the 1960’s, movements for the protection of
environment have created awareness about the various environmental issues1.
1
https://www.nios.ac.in/media/documents/SrSec338new/338_Book2
 Definition and Concept of Intergeneration Equity

Equity as we all know signifies impartiality or similarity. The word ‘Equity’ in business
language means funds or capital. According to me, the word ‘Equity’ in ‘Intergenerational
equity’ borrows both the meanings of ‘Equity’. Equity signifies availability of resources to all
generations and also treats Natural Resources as funds for development for generations to
come. Intergenerational equity is a core concept of sustainability, typically expressed as a
concern for future generations.

The most widely accepted definition of ‘intergenerational equity’ is the one espoused by the
World Commission on Environmental and Development in 1987, which held that “policy
makers should seek to meet their own needs without compromising the ability of future
generations to meet their own needs”. The concept of intergenerational equity has the
following three aspects, as enumerated by Professor Edith Brown Weiss in her seminal paper
‘Intergenerational equity: a legal framework for global environmental change’ published in
1992 and reinforced by Justice Brian J. Preston in his paper ‘The Role of the Judiciary in
Promoting Sustainable Development: The Experience of Asia and the Pacific’ :
1. Each generation should be required to conserve the diversity of the natural and cultural
resource base, so that it does not unduly restrict the options available to future generations in
solving their problems and satisfying their own values, and should also be entitled to
diversity comparable to that enjoyed by previous generations. This principle is called
"conservation of options".

2. Each generation should be required to maintain the quality of the planet so that it is passed
on in no worse condition than that in which it was received, and should also be entitled to
planetary quality comparable to that enjoyed by previous generations. This is the principle of
"conservation of quality."

3. Each generation should provide its members with equitable rights of access to the legacy of
past generations and should conserve this access for future generations. This is the principle
of "conservation of access."

Sustainable development rests on a commitment to equity with future generations. In 1972

the United Nations Stockholm Conference on the Human Environment recognized that we
had a responsibility to "protect and improve" the environment for both present and future
generations. Concern for justice to future generations regarding the natural environment first
emerged as a major concern in the preparatory meetings for the 1972 Stockholm Conference
on the Human Environment. In 1992, we are faced with defining and implementing this
commitment to future generations in the context of environmentally sustainable development.

The concept of protecting the natural environment for future generations was explicitly
incorporated into the language of three treaties negotiated more or less contemporaneously
with the Stockholm Declaration. The natural resources are permanent assets of mankind and
are not intended to be exhausted in one generation2. The principle of intergenerational equity
lays emphasis on the right of each generation of human beings to benefit from the cultural
and natural inheritance of its past generations. Intergenerational equity is the idea that future
generations must have the same access to natural resources as the present generation. The
present generation inherited earth from their ancestors, so they have an obligation to pass it
on to the next generation with the same quality 3. It is true that without using natural resources
2
Kinkri Devi v. State, A.I.R. 1988 H.P. 4
3
Principle 8 of Rio declaration
development is not possible. Concept of Intergenerational equity promotes the use of
resources in best possible manner. It limits present generation from using the resources to the
exhausting level so that future generation can also get a chance of using those natural
resources. Natural resources are not owned by any human being or for that matter any human
generation and they cannot be recreated by humans; they must be utilized by all generations
equitably. The need for Intergenerational equity arose because of following three main
reasons:

1. Pollution disturbing Ecological Balance: Ecological Balance is must for smooth

procedure of recreation of natural resources by nature. But stepping stones towards
development are the main reasons behind disturbed ecological balance. While growth of
Industrialization, environment protection was considered as hurdle in its path and no
measures were taken to minimize the pollution so caused by growing industries. Apart from
Industrial activities, human activities are also contributing to various types of pollutions such
as Air Pollution, Water Pollution, Noise Pollution, Land Pollution, etc. Natural resources are
getting polluted in every possible way due to human activities.

2. Loss of Biodiversity: Biodiversity can be referred as variety of life forms. Various forms
of life due to genetically combinations, species and also ecosystem are covered under
biodiversity. Bio diversity helps in protection of water resources, nutrient storage and
cycling, climate stability, maintenance of ecosystem. But these benefits are not widely known
and there was no specific effort taken to prevent bio diversity. This resulted in diminishing of
many species of birds, animals and affecting ecological system.

3. Excessive and Reckless Use of Natural Resources: We all know that natural resources
are very scarce and they can be recreated only by nature which may require over hundreds of
years. Present generation is using every possible modern gadget to ease their life. Such
gadgets use power which is directly or indirectly generated from natural resources. Present
generation is using natural resources in excess and up to exhausting level. This gave alarming
signals to whole world and resulted in evolution of concept which emphasize saving of
natural resources for future generations who also have equal rights over natural resources
available in the world.

The intergenerational equity explored in field of environment by introducing the concept of

saving resources for future generation which paved path for Sustainable Development. The
development that meets the needs of the present without compromising the ability of future
generations to meet their own needs is described as Sustainable development, it is a pattern of
growth in which resource use aims to meet human needs while preserving the environment so
that these needs can be met not only in the present, but also for generations to come. It’s a
buzz word in today’s era. All countries have included word ‘sustainable’ in their
developmental objectives. Sustainable development is defined by the Brundtland
Commission as development that meets the needs of the present without compromising the
ability of future generations to meet their own needs.

Alternative approaches to Intergenerational Equity

There are several approaches to defining intergenerational equity in the context of the
relationship among generations to the planet Earth.

The first is the preservationist model, in which the present generation does not destroy or
deplete resources or significantly alter anything; rather it saves resources for future
generations and preserves the same level of quality in all aspects of the environment. This
preservationist model has deep roots in the original natural-flow theory of English water law,
in which riparian could use stream water so long as their use did not impair in any way the
quantity or quality of water for those downstream. Ultimately this benefits the last riparian’s
before the stream enters the ocean or disappears, because they have no one to whom they owe
an obligation.

The preservationist model, if carried to its extreme in saving unspoiled ecosystems, would
promote the status quo. It is only consistent with a subsistence economy, not with an
industrialized world. In a more flexible form, the model supports the socialist model of
economic development applied by Stalin, in which citizens were urged to sacrifice today for a
better tomorrow. This attitude was common to the Calvinists as well. In both, future
generations benefit at the expense of earlier generations.

The other extreme can be termed the opulence model' in which the present generation
consumes all that it wants today and generates as much wealth as it can, either because there
is no certainty that future generations will exist or because maximizing consumption today is
the best way to maximize wealth for future generations. 37 This model overlooks the long-term
degradations of the planet that may be generated, such as irreversible losses of species
diversity and of renewable resources such as soils and fish, and costly environmental
contamination as by insufficiently controlled nuclear or hazardous wastes that make areas
unfit for habitation and use. Further under this model, the present generation may trigger
irreversible changes in the global climate system that will affect habitability in parts of the
world.

Even if we knew that we were the last generation of the human community to live on earth, it
is still not clear that we would have the right to desecrate it, or to destroy it, since the human
community is, in the end, only part of a much larger natural system, which we can use for our
own benefit but must also pass on for others.

A variant of the opulence model is the technology model, in which we do not need to be
concerned about the environment for future generations, because technological innovation
will enable us to introduce infinite resource substitution. 38 While technology will undoubtedly
enable us to develop some substitutes for certain resources and to use resources more
efficiently, it is by no means assured that it will suffice or will make the robustness of the
planet irrelevant.

Finally, we have the environmental economics model, which argues that if were to do proper
natural resource accounting, we would fulfil our obligations to future generations. The
economic tools that we have developed today -environmental externalities and discounting-
are sufficient, were we to apply "green" economics.

The Proposed theory of Intergenerational Equity

The theory of intergenerational equity proposed argues that we, the human species, hold the
natural environment of our planet in common with all members of our species: past
generations, the present generation, and future generations 4. As members of the present
generation, we hold the Earth in trust for future generations. At the same time, we are
beneficiaries entitled to use and benefit from it.There are two relationships that must shape
any theory of intergenerational equity in the context of our natural environment: our
relationship to other generations of our own species and our relationship to the natural system
of which we are a part. The human species is integrally linked with other parts of the natural
system; we affect and are affected by what happens in the system. We alone among all living

4
In Fairness to Future Generations, Page No- 385.
creatures have the capacity to shape significantly our relationship to the environment. We can
use it on a sustainable basis or we can degrade environmental quality and deplete the natural-
resource base. As the most sentient of living creatures, we have a special responsibility to
care for the planet.

The second fundamental relationship is that between different generations of the human
species. All generations are inherently linked to other generations, past and future, in using
the common patrimony of earth. The theory of intergenerational equity stipulates that all
generations have an equal place in relation to the natural system. There is no basis for
preferring the present generation over future generations in their use of the planet.

This premise finds deep roots in international law. The Preamble to the Universal Declaration
of Human Rights begins: ’whereas recognition of the inherent dignity and of the equal and
inalienable rights of all members of the human family is the foundation of freedom, justice
and peace in the world... "; the reference to all members of the human family has a temporal
dimension, which brings all generations within its scope. The reference to equal and
inalienable rights affirms the basic equality of such generations in the human family.

Partnership between generations is the corollary to equality. It is appropriate to view the

human community as a partnership among all generations. In describing a state as a
partnership, Edmund Burke observed that "as the ends of such a partnership cannot be
obtained in many generations, it becomes a partnership not only between those who are living
but between those who are living, those who are dead, and those who are to be born." The
purpose of human society must be to realize and protect the welfare and well-being of every
generation, in relation to the natural system, of which it is a part. This requires sustaining the
robustness of the planet: the life-support systems and the ecological processes and
environmental conditions necessary for a healthy and decent human environment5.

In this partnership, no generation knows beforehand when it will be the living generation,
how many members it will have, or even how many generations there will ultimately be. If
we take the perspective of a generation that is placed somewhere along the spectrum of time
but does not know in advance where it will be located, such a generation would want to
inherit the Earth in at least as good condition as it has been in for any previous generation and
to have as good access to it as previous generations. This requires each generation to pass the
5
H. Barnett and C. Morse, Scarcity and Growth (Johns Hopkins, 1963).
planet on in no worse condition than it received it in and to provide equitable access to its
resources and benefits. Each generation is thus both a trustee for the planet with obligations
to care for it and a beneficiary with rights to use it.

If one generation fails to conserve the planet at the level of quality received, succeeding
generations have an obligation to repair this damage, even if costly to do so. However, they
can distribute the costs across several generations, by means of revenue bonds and other
financial measures, so that the benefits and costs of remediation are distributed together.
While the generation that allows environmental quality to deteriorate still benefits at the
expense of immediate future generations, more distant future generations are protected.
Moreover, the generation inflicting the harm may have passed on a sufficiently higher level
of income so that immediate successor generations have sufficient wealth to manage the
deterioration effectively.

While intergenerational equity may be viewed as in conflict with achieving intragenerational

equity, the two can be consistent and in fact must go together. Members of the present
generation have an intergenerational right of equitable access to use and benefit from the
planet's resources, which derives from the underlying equality that all generations have with
each other in relation to their use of the natural system.

Principles of Intergenerational Equity

Three principles form the basis of intergenerational equity. First, each generation should be
required to conserve the diversity of the natural and cultural resource base, so that it does not
unduly restrict the options available to future generations in solving their problems and
satisfying their own values, and should also be entitled to diversity comparable to that
enjoyed by previous generations. This principle is called "conservation of options." Second,
each generation should be required to maintain the quality of the planet so that it is passed on
in no worse condition than that in which it was received, and should also be entitled to
planetary quality comparable to that enjoyed by previous generations. This is the principle of
"conservation of quality." Third, each generation should provide its members with equitable
rights of access to the legacy of past generations and should conserve this access for future
generations. This is the principle of "conservation of access."
The proposed principles recognize the right of each generation to use the Earth's resources for
its own benefit, but constrain the actions of the present generation in doing so. Within these
constraints they do not dictate how each generation should manage its resources. They do not
require that the present generation predict the preferences of future generations, which would
be difficult if not impossible. Rather, they try to ensure a reasonably secure and flexible
natural resource base for future generations that they can use to satisfy their own values and
preferences. They are generally shared by different cultural traditions and are generally
acceptable to different economic and political systems.

While the principle of quality may be viewed as including the principle of diversity, they are
separate and complementary. To illustrate this, we can invoke the analogy of a common law
trust, whose corpus consists of investments in two different energy companies and a
computer company. If the trustee shifts the investments into other energy and computer
companies that turn out to be lower in quality as investments, the value of the trust corpus
declines, but the diversity of the holdings does not change. By contrast, if the trustee
combines all the investments into a single oil company, the value of the holdings may remain
the same, but the diversity of the holdings is sharply compromised6.

In our planet, environmental quality may decline, but this does not necessarily reduce
significantly the diversity of the resource base. Similarly, it may be possible for one
generation to sustain the quality of air and water but substantially destroy the diversity of the
resource base, as by a significant loss of genetic diversity. Certainly the two principles
interact and feed upon each other. It is easier to maintain quality if there are many options
available for doing so, and serious water pollution may cause fish to disappear. It is easier to
conserve options when there is concern for maintaining quality. Both principles are essential
for a robust planet for future generations and must be implemented in tandem.

Intergenerational Equity in International Perspective

The concept of Intergenerational Equity and sustainable development originated as an

ecological concept. Today it has matured to a legal debate, centring on the issue of whether
the current generation has a legal obligation to protect the interests of future generations,
through the sustainable development of the resources7.

6
A. Scott, The Law of Trusts, 228 (3rd Edition 1967, and Supp., Little Brown, 1982).
The theory of Intergenerational Equity has roots in international law. The Preamble to the
Universal Declaration on Human Rights begins with a recognition on the equal and
unalienable rights of the human family as a foundation for freedom, justice and peace in the
world. Weiss sees the reference to all members as being not just present generations but also
future generations. This concept has support in domestic law. The Supreme Court of the
Philippines held in Minors Oposa vSecretary of the Department of Environment and
NaturalResources8 that the present generation has standing to represent future generations,
since each generation has a responsibility to future generations to preserve nature’s rhythm
and harmony for the full enjoyment of a balanced and healthy natural ecology 9. Since the
Declaration of Human Rights, the intragenerational and intergenerational protection of
mankind has taken roots in the development of the concept of sustainable development.
These concepts have primarily developed through soft law, and were initially articulated in
Principle 2 of the Stockholm Declaration on the HumanEnvironment (Stockholm
Declaration), which articulates aspects of Intragenerational Equity, ‘The protection and
improvement of the human environment is a major issue affecting the well-being of peoples
and economic development throughout the world.’ The concept of sustainable development is
articulated in Principles 9, 10 and 11 of the Stockholm Declaration, emphasising a need for
environmental protection and economic development as mutually reinforcing goals. Most
importantly, Principle 11 of the Stockholm Declaration declares that: .Environmental policies
of all states should enhance and not adversely affect the present or future development of
developing countries, nor should they hamper the attainment of better living conditions for
all. The principles of Intergenerational Equity and Intragenerational Equity and their
development through sustainable development were restated in Principle 3 of the Rio
Declaration on the Environment and Development (Rio Declaration): ‘The right to
development must be fulfilled so as to equitably meet developmental and environmental
needs of present and future generations.’ The subsequent Agenda 21 action plan for
sustainable development that arose from the Rio Declaration provided the blueprint for how it
is possible to achieve Intergenerational Equity and Intragenerational Equity through
sustainable development. However, both the Declarations are international law principles
(known as ‘Soft law.’) with no binding effect on States. Similarly, Agenda 21 is a plan for
action, rather than a binding document enforceable in international law. Whilst there are
7
An Approach to Global Environmental Responsibility: Our Responsibility to Future Generations.’ (1990) 84
American Journal of International Law, 207, 208
8
(1994) 33 ILM.
9
Alexandre Kiss and Dinah Shelton, Guide to International Environmental Law (2007)
numerous soft law sources (primarily international law principles) related to Intergenerational
Equity, Intragenerational Equity and sustainable development, the question remains whether
these principles have evolved into Customary International Law,or whether they remain
merely soft law and aspirational. The soft law nature of these principles are not toothless
Intergenerational equity, since they are capable of evolving into Customary International
Law. The question is whether these principles have evolved into Customary International
Law through state practice and opinio juris.

Phillipe Sands, an eminent writer on international environmental law, says that there can be
little doubt that the concept of ‘sustainable development.’ has entered the corpus of
International Customary Law. Furthermore, other writers see the inclusion of the concept of
sustainable development into a number of Treaties as evidence of the translation from a legal
principle into the binding status of Customary International Law.

The status of the concept of sustainable development as Customary International Law is

strengthened by reference to the term. Sustainable development.’ in recent International
Court of Justice (ICJ) decisions.

In the ICJ decision of The Case Concerning the Gabèikovo- Nagymaros Project, the court
determined that the conceptsof Intergenerational Equity and sustainable development were
integral in thedevelopment of the waterway in question. It noted that:owing to new scientific
insights and to a growingawareness of the risks for mankind for present andfuture of pursuit
of such interventions [with nature] at an unconsidered and unabated pace, new norms and
standards have been developed, [a] need to reconcile economic development with protection
of the environment is aptly expressed in the concept of sustainable development. Sands notes
that by invoking the concept of sustainable development in this judgment, the ICJ indicates
its acceptance of these principles as part of international law. The evolution of
Intergenerational Equity and sustainable development as Customary International Law has
been further demonstrated by ICJ Vice-President Weeramantry in the Case Concerningthe
Gabèikovo-Nagymaros Project. Weeramantry proclaimed that sustainable development was
much more than a concept.

Rather, it had achieved the status of a modern principle or norm of Customary International
Law. The ICJ again invoked the concept of sustainable development and intergenerational
equity in the Concerning Pulp Mills on the River Uruguay (Argentina vUruguay) 10. In this
10
 ICGJ 425 (ICJ 2010)
decision, the ICJ expressly considered the obligation of the parties to contribute to the
optimum and rational utilisation of the Uruguay River, according to the principle of fair and
equitable use, to ensure that all users have access to the river.

Intergenerational Equity in National Perspective

India is one of the world’s richest countries in terms of its vast array of biological diversity.
It has nearly 8% of the total number of species in the world. (1.6 million approximately.)
Of the estimated 47,000 plant species, about 15,000 flowering species are indigenous to
India. India has rich heritage of flora and fauna, and it is the duty of the state in one hand to
exploit those resources for the interest of public and on another it has to conserve all those for
future utility. The Judicial Organ of our country recognises the importance of it and preserve
this concept by giving issuing guideline to the state with the help of Constitution.

The Supreme Court of India, realising the tremendous danger posed by environmentally
harmful activities, has stepped in to play an activist role. This activism has led to the
inclusion of several environmental rights within Fundamental Rights. Rights such as that of a
clean and healthy environment, of a wholesome environment and of livelihood have been
read into the Right to Life and Personal Liberty under Article 21 of the Constitution. One
such right is the evolving right to Intergenerational Equity. In the following cases, the
Supreme Court of India read into Articles 14 and 21 of the Constitution, the right to
Intergenerational Equity.

The present generation inherited earth from their ancestors, so they have an obligation to pass
it on to the next generation with the same quality.

In State of Himachal Pradesh v. Ganesh Wood Products 11, the Supreme Court stated that “the
present generation has no right to imperil the safety and well-being of the next generation or
the generations to come thereafter.” The Indian definition for intergenerational equity is the
“concern for the generations to come”.12 Principle 1 and principle 213 of Stockholm
Declaration refers the principle of intergenerational equity.

In Kinkri Devi v. State of Himachal Pradesh12, a PIL was filed alleging that the unscientific
and uncontrolled quarrying of the lime stone has caused damage to the Shivalik Hills and was
posing danger to the ecology, environment and inhabitants of the area. The Himachal Pradesh
High Court pointed out that if a just balance is not struck between development and
environment by proper tapping of the natural resources, there will be violation of Articles
14,21,48-A and 51A (g). The Court went on to state that natural resources have got to be
tapped for the purpose of social development. But the tapping has to be done with care so that
ecology and environment may not be affected in any serious way. The natural resources are
permanent assets of mankind and are not intended to be exhausted in one generation. In this
case, the court issued an interim direction to the state government to set up a committee to
examine the issue of proper granting of mining lease and the necessity of granting lease
keeping in view of the protection of environment.

In K .Guruprasad Rao v. State of Karnataka 13, the Court explained the ambit and scope of
intergenerational equity and sustainable development. In this case the appellant filed a PIL
praying for the cancellation of a mining lease granted to the respondent and to stop mining
within the radius of 1km. from Jambunatheswara Temple. The Court held that sustainable
development includes preservation and protection of historical / archaeological monumental
wealth for future generations. Right to development includes the right to whole spectrum of
civil, cultural, economic, political and social process for the improvement of people’s well-
being and realisation of their full potential.
11
A.I.R. 1996 S.C. 149
12
AIR 1988 HP 4.
13
(2013) 8 SCC 418
Court on Its Own Motion v. Union of India, the Supreme Court held that intergenerational
equity is a part of article 21 of the Constitution of India.

A.P.Pollution Control Board v. Prof. M.V. Nayudu and Ors14.

Held as under: “The principle of inter-generational equity is of recent origin.The 1972

Stockholm Declaration refers to it in principles 1and 2. In this context, the environment is
viewed more as aresource basis for the survival of the present and futuregenerations.

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 or
management, as appropriate.”

Enviro-Legal Action v Union of India (The CRZ Notification Case15

The full Bench of the Supreme Court observed, “A law is usually enacted because the
Legislature feels that it is necessary. It is with a view to protect and preserve the environment
and save it for the future generations and to ensure good quality of life that the Parliament
enacted the Anti-Pollution Laws, namely, the Water Act, Air Act and theEnvironment
(Protection) Act, 1986.”

Glanrock Estate v. State of Tamil Nadu16, the Supreme Court observed that:

“Forests in India are an important part of environment. They constitute national asset. In
various judgments of this Court delivered by the Forest Bench of this Court in the case of
T.N. Godavarman v. Union of India, it has been held that "inter-generational equity" is part
of Article 21 of the Constitution. What is inter-generational equity? The present generation is
answerable to the next generation by giving to the next generation a good environment. We
are answerable to the next generation and if deforestation takes place rampantly then inter-
14
1999 (2) SCC 718
15
(1996) 5 SCC 281
16
[(2007) 2 SCC 1]
generational equity would stand violated. The doctrine of sustainable development also forms
part of Article 21 of the Constitution. The "precautionary principle" and the "polluter pays
principle" flow from the core value in Article 21.”

Several international conventions and treaties have recognized the above principles of
sustainable development and, in fact,several imaginative proposals have been submitted
includingthe locus standiof individuals or groups to take out actions asrepresentatives of
future generations, or appointing anombudsman to take care of the rights of the future against
thepresent.The principles mentioned above wholly apply for adjudicatingmatters concerning
environment and ecology. The reason for it being absolutely necessary for the Judiciary to
intervene and lay down objective principles and standards of intergenerational equity is that
both the legislature and the executive are only concerned with the present generation as the
present generation determines their political fortunes and their political future. Therefore it is
absolutely necessary for the Judiciary to safeguard the rights of future generations.

Theseprinciples must, therefore, be applied in full force forprotecting the natural resources of
this country. Article 48A ofthe Constitution of India mandates that the State shallendeavour
to protect and improve the environment tosafeguard the forests and wild life of the country.
Article 51Aof the Constitution of India, enjoins that it shall be the duty ofevery citizen of
India, inter alia, to protect and improvenational environment including forests, lakes, rivers,
wild lifeand to have compassion for living creatures. These twoArticles are not only
fundamental in the environmentgovernance of the country but also it shall be the duty of
theState to apply these principles in making laws and furtherthese two articles are to be kept
in mind in understanding thescope and purport of the fundamental rights guaranteed by
theConstitution including Articles 14, 19 and 21 of theConstitution of India and also the
various laws enacted by the Parliament and the State Legislature. Thus it is clear from the
above that the principle has been incorporated in our constitution. Constitution is the law of
the land and it can’t be bypassed by anyone.
Conclusion

At last what I conclude is that, in the sustainability literature, intergenerational equity is

almost unanimously championed, and references to the desirability of intergenerational
equity range from broad allusions to detailed analyses. However, the treatment of
intergenerational equity in these discourses rarely includes discussion of restorative issues.
This creates problems when the fields discuss what from the present should be sustained into
the future. Simply, if historical drivers of present injustices are not specifically factored into
understandings of the present, and preferences and projections about the future, then they will
affect (most likely negatively) the implementation of those preferences and projections.
Beginning the conversation about future generations in the present does not adequately
address the complexity of present ethical dynamics. To do so, we must understand how those
present injustices came to be over time and grapple with the challenges history has
bequeathed us.
The proposed principles recognize the right of each generationto use the Earth's resources for
its own benefit, but constrainthe actions of the present generation in doing so. Within
theseconstraints they do not dictate how each generation shouldmanage its resources. They
do not require that the presentgeneration predict the preferences of future generations,which
would be difficult if not impossible. Rather, they try toensure a reasonably secure and flexible
natural resource basefor future generations that they can use to satisfy their ownvalues and
preferences. They are generally shared by differentcultural traditions and are generally
acceptable to differenteconomic and political systems.

Intergenerational Equity is required due to undue human interference in natural systems. It

can be achieved through development on sustainable basis.