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PRINCIPLE OF SUSTAINABLE DEVELOPMENT ?

 General Introduction
The well recognized principle of sustainable development for the protection and

improvement of environment has been unanimously accepted by the world countries as a

strategy that caters to the needs of the present without depriving the future generations of

their right to available natural resources. It has been rightly said that sustainable

development is meant to secure a balance between developmental activities for the benefits

of the people and environmental protection and therefore, “it is a guarantee to the present

and bequeath to the future generations.” The principle of sustainable development seeks to

harmonise the conflict between development which may be industrial, economic or social,

and right to healthy environment. In other words, the balance between environmental

protection and developmental activities could only be maintained by strictly adhering to the

principle of sustainable development.

Basic objectives of Sustainable Development

The principle of sustainable development seeks to achieve the following

three basic objectives:
(1) to maintain production of goods and services for development and
efficiency;
(2) conservation and management of natural resources including
preservation of bio-diversity and maintenance of biological integrity;
(3) maintenance and enhancement of the quality of life adopting the
principle of equitable distribution of wealth and material resources.
 What is “sustainable development”
The principle of sustainable development has evolved on the basic assumption of co-
existence of two apparently conflicting notions i.e. development and environment. But from
the practical point of view, ecological, economic and social aspects of sustainability are
inseparable. As William Rees has rightly pointed out that maintenance of ecological integrity
has to be accorded primacy over achievement of socio-economic human needs, thus there
should be a convergence between ecological and economic factors in the developmental
process.

The principle of sustainable development emphasises on two basic needs,

firstly, need for socio-economic development and
secondly, need of limitation imposed on the environment's capability to cope with the
present and future requirements.
 Salient Principles of Sustainable Development
The principle of sustainable development which received international recognition as a result of

Brundtland Commission Report (1987) was overwhelmingly supported by all the nations. Some of the

salient principles which underlie the concept of sustainable development were spelled out in the Rio

Declaration, 1992 and Agenda 21. Therefore, these principles have got to be necessarily followed in order

to achieve the objective of sustainable development. These principles are as follows:

(1) Inter-generational equity;

(2) Use and conservation of natural resources;

(3) Environmental protection;

(4) The precautionary principle;

(5) The ‘Polluter Pays’ principle;

(6) Poverty eradication; and

 Inter-Generational Equity

The principle of inter-generational equity pre-supposes the right of each

generation of human beings to benefit from cultural and natural resources of the
past generation as well as the ‘obligation’ to preserve such heritage for future
generations. The principle emphasises on conservation of biodiversity resources
and of the renewable sources like forests, water, soil etc.
 Use And Conservation of Natural Resources

This principle requires that earth's natural resources should be

carefully used in such a way that they may be conserved and
enhanced for the future generation. It must be borne in mind that
natural resources are already depleting due to poverty, over-
population, urbanisation, industrialisation etc. and there is likely to
be acute shortage of these resources in future. Therefore, there is
dire need to develop techniques and technologies which may need
minimal utilization of natural resources.
 Environmental Protection
Environmental protection is an integral part of sustainable development. Most of the nations have
enacted environmental protection laws to ensure sustainable development within their territories. In
order to reinforce sustainable development, an effective environmental protection mechanism is needed.
It is generally seen that inadequate protection of environment or its degradation affects the poorest
sections of the society most as they draw a large part of their livelihood from unmarked environmental
resources such as forests, water from hand pumps, air polluted and noisy slum dwellings etc. The problem
of environmental protection generally emanates from water resources, forests, agriculture, industry,
energy and power etc., therefore, policy decisions in these sectors should be environmental oriented and
well planned so as to ensure that there is no degradation in the natural environment.

So far India is concerned, the Environment (Protection) Act, 1986 is the central legislation. Besides, there
are some other pollution control and prevention laws and States have also framed their own anti-pollution
laws according to their local requirements. The ultimate object is to ensure sustainable development for
protection of environment from being degraded or polluted.
 Precautionary Principle
The precautionary principle seeks to ensure that a substance or human activity which may

cause a threat to the environment is prevented from causing harm to environment, even if

there is no conclusive scientific proof of linking that particular substance or human activity to

environmental damage. Thus, precautionary principle pre-supposes that onus of proof is on

the industrialist to show that his action is benign, that is not harmful to environment.

The precautionary principle in the context of environmental protection is essentially about

the management of scientific risk. It is a component of the concept of ecologically sustainable

development and has been defined in Principle 15 of the Rio Declaration, 1992.”

According to this principle, “where there is threat of serious or irreversible environmental

damage, lack of full scientific certainty should not be used as a reason for postponing

measures to prevent environmental degradation." In other words, any human activity or

behaviour which bears the harmful effect to the environment, has got to prevented at all

costs.
 Vellore Citizens’ Welfare Forum v. Union of India (AIR 1996 SC 2515)

The Supreme Court explicitly recognised the precautionary principle as a principle of Indian environmental
law in a number of subsequent cases. Justice Kuldeep Singh of the Supreme Court in Vellore Citizens case
laid down the following rules with regard to precautionary principle :-
(1) The State Governments and local authorities are supposed to anticipate and then prevent the cause of
environmental degradation. They are supposed to check the activity which is damaging for environment;
(2) Merely because there is a lack of scientific knowledge as to whether a particular activity is causing
degradation, it should not stand in the way of the Government;
(3) The onus of proof is on the actor (i.e. person who does the activity) or the developer/industrialist to
show that the action was environmentally friendly.
In order to achieve the above, the following precautions are supposed to be taken:
(i) The decision should be based on best possible scientific information and analysis of risk;
(ii) Where there is uncertainty but potentially serious list exists, even then precautionary measures are
supposed to be taken;
(iii) Ecological impacts should be given paramount consideration, more so when resources are non-
renewable or where the result is irreversible;
(iv) The indication of the cost should be made known directly to the person who if does not take
precaution, can be called upon to meet the expense – a subject which may fall under the head “polluter
pays principle.”
Narmada Bachao Andolan v. Union of India (1999) 2
SCC 718 (739)

The Apex Court explained that “when there is a state of uncertainty due to lack of

data or material about the extent of damage or pollution likely to be caused, then
in order to maintain ecological balance, the burden of proof that the said balance
will be maintained, must necessarily be on the industry or the unit which is likely
to cause pollution.”
 “Polluter Pays” Principle

All the member countries participating in the Organisation For Economic Co-operation and
Development (O.E.C.D.) agreed to incorporate in their environmental policies the principle of
'polluter pays' so as to discourage subsidies that could be detrimental for trade. They deemed this
necessary for the protection of environment and save the country from threats posed by
environmental pollution in modernised industrial societies. “Polluter Pays” principle was
considered to be one of the best method for prevention of environmental pollution. But there were
practical difficulties in working out an exact definition of the principle as there could be dispute as
to the limits on payment for damages caused and exact scope of the applicability of principle.
 M.C. Mehta v. Kamal Nath
1997 1 SCC 388
The Supreme Court in this case observed that ‘polluter pays principle has been recognised as fundamental
objective of Government's environmental policy to prevent and control pollution. The Court in this case
observed that the calculation of environmental damages should not be on the basis of claim put forward
by the party, but it should be on the basis of examination of the situation by the Court, keeping in view the
factors such as deterrent nature of the award.

In Vellore Citizens’ Welfare Forum v. Union of India (AIR 1996 SC 2515), the Supreme Court directed the
Central Government to constitute an authority under Section 3 (3) of the Environment (Protection) Act,
1986 and confer on this authority all the powers necessary to deal with the situation created by tanneries
and other polluting industries in the State of Tamil Nadu. The authority so constituted shall implement the
‘precautionary principle’ and the ‘Polluter Pays Principle.’
 Poverty Eradication

Poverty is perhaps the worst contributing factor for polluting the environment and
causing its degradation. Smt. Indira Gandhi, the Late former Prime Minister of
India, addressing the Stockholm Conference on Human Environment in 1972 said,
“of all pollutants we face, the worst is poverty”. The Brundtland Report (1987) also
attributed poverty as a potential cause of environmental degradation as it reduces
people’s capacity to use resources in a sustainable manner, which eventually
brings more pressure on environment and results into its deterioration. Most of
the developing countries’ are facing the problem of poverty which is adversely
affecting the environmental quality.
 Conclusion
It is true that in order to improve and protect the environment from pollution
sustainability must be there between environment and development. The concept
of sustainable development based on the notion that natural resources should be
exploited for the benefit of both present and future generation. As we know that
increased industrial activity worldwide requires the use of natural resources which
are depleting day by day. It is also true that the need for resource conservation,
efficient use of resources and environment friendly corporate policies and
behaviour has now been recognised worldwide. The country needs an
Environmental policy and planning, while being globally sensitive must be based
on local needs. Finally, if sustainable development has to move from mere wishful
thinking and slogan-mongering into a reality, the world (developed and
developing) as a whole has to move towards a new world order in which new
economic and technological orders are dovetailed. Such an order has to be aimed
at benefiting the poor because in the chain of sustainable development, the
weakest links are poverty and inequality. Last but not least, if the principles of
sustainable development are followed then definitely with the economic growth
and industrial development of a country environment protection can be
maintained.