THAKUR RAMNARAYAN COLLEGE OF LAW, MUMBAI.

Academic Year 2021 -2022

Department: LAW

Name of Assignment: SUSTAINABLE DEVELOPMENT

Full Name: DHRUV DAYANAND MISHRA

Roll No.: 1 Section: F.Y.LL. B (B)

Subject: ENVIRONMENTAL LAW Date of Submission: ___________

PROFESSOR IN CHARGE: PROFESSOR SHIVALIKA SHARMA

Student Sign: Professor Sign:

 Sustainable Development.

Introduction.
India is a developing country. A country is said to be developing when it seeks to advance
economically and socially. The development of a country mostly depends on industries,
which are the backbone of economy. For industrial development, we exploit our natural
resources indiscriminately. The over exploitation of natural resources and pollution caused by
industries results in environmental degradation. This state of crisis emerging from
environmental pollution violates the right to life guaranteed under Article 211 of the
Constitution of India. Being the soul of fundamental rights, Article 21 includes the right to
live in a healthy environment, which means an environment that is free from health hazards
arising from environmental pollution. As environment includes water, air, land and the inter-
relationship which exists among and between water, air, land, human beings, other living
creatures, plants, micro-organisms and property the adverse impact on any of these
components in turn affects the quality of environment.
The right to healthy environment is an inalienable human right and at the same time, right to
development is also imperative. Every human is entitled to economic, social, cultural and
political development. Even if right to healthy environment and right to development are
traditionally paradoxical, both are essential for the survival and well-being of mankind. So,
we need a balancing concept which never compromises either economic development or the
quality of environment. Both development and environment should go hand in hand. There
should not be development at the cost of environment and vice versa. But there should be
development while taking due care and ensuring the protection of environment. Sustainable
development is a balancing concept between environment and development. It is a strategy
for continued development without causing harm to the environment. In Vellore Citizens
Welfare Forum v. Union of India, the Supreme Court pointed out that the traditional concept
that development and ecology are opposed to each other is no longer acceptable. Sustainable
development is the answer. Sustainable development is a balancing concept between
environment and development.
Sustainability means the ability to maintain a certain state. In ecological context,
sustainability is the ability of an ecosystem to maintain ecological process, their functions,
biodiversity and productivity for a long time. Since environment and development are
antithetical aspects, development must be within environmental sustainability. That means we
have to bring development without over exploitation of natural resources. Environmental
sustainability, economic sustainability and socio-political sustainability are the ‘three pillars’
of sustainability. Simply sustainability is improving the quality of human life while living
within the carrying capacity of supporting eco-systems. The earth and its resources are meant
not only for the present generation, but also for the generations to come. So, development
should be within the carrying capacity of the environment.
Definition of sustainable development according to the Brundtland Report:
The Brundtland Report was drawn up as part of the UN World Commission on
Environment and Development in 1987.

This over 300-page document aimed to shape national policies and sets out the key measures
to be integrated in order to protect the planet and human life. Although this report on the
technological process of sustainable development is titled, “Our Common Future”, it is often
referred to as the “Brundtland Report” after Gro Harlem Brundtland, Prime Minister of
Norway at the time and Chair of the commission.

The concept of sustainable development was explained in depth in this report through the
discussion of climate change, economic development, and global goals that should be
implemented in order to achieve sustainable development.

The definition is as follows: “Sustainable development is development that strives to meet

the needs of developing countries seeking to achieve a more sustainable world. Sustainable
development addresses the needs of the present moment without compromising current and
future generations to meet their own sustainable lifestyles.”

Sustainable development can be applied to corporate policy in the business world as it

encompasses three key areas: economic, environmental and social. Sustainable development
requires that a company must contribute to economic growth, social progress and
promote environmental sustainability. The three key areas of sustainable development cane
be ranked in the following order of importance, environmental conservation, economic
development, and social sustainability.

The Brundtland Report delineated how economic growth, social inclusion and
environmental balance are essential to create a sustainable development solutions network –
utilizing local, national and global development strategies. However, these aspects alone
cannot account for the full complexity of our current societies.

Organisations and events such as UNESCO or the World Summit on Sustainable

Development (2002) have since advocated for culture to be included in this model. Culture
is a complementary factor as it shapes our meaning of “development” and determines the
actions of communities around the world.

However, the world is not only facing economic, social and environmental challenges.
Creativity, knowledge and diversity are all key elements for creating a conversation to
promote peace and social progress. These values are intrinsically linked to the ideals
of human development and freedom.
The world’s cultural challenges are too complex to be considered in the same manner as the
other three original aspects of sustainable development. This fourth pillar is strongly linked
with the other three dimensions of sustainable development, and is complementary to each of
them.
What is Sustainable Development.
The principle of sustainable development is perhaps the most important principle which has
emerged from international activity on the environment. Sustainable development means
different things to different people. Although this principle is perhaps the most important
principle of environmental law, the concept is difficult to define in a few words.
To live "sustainably" means finding ways of development which will improve everyone's
quality of life without damaging the environment and without creating problems for future
generations, or transferring such problems to people in other parts of the world. Thus,
essentially, the concept of sustainable development has two aspects: Economic development
and the use of natural resources of the world (in order to achieve such development) in a
manner that is sustainable.
According to the Brundtland Report, "Sustainable development is the development that meets
the need of the present without compromising the ability of the future generations to meet
their own needs." This is also sometimes referred to as the Intergeneration Equity Principle.
In other words, this concept refers to development which is in harmony with environmental
considerations.
In 1971, the World Conservation Union defined "sustainability" as "a characteristic or state
that can be maintained indefinitely" and "development" as "the increasing capacity to meet
human needs and improve the quality of human life". In other words, there must be a proper
balance between "development" on the one hand and "environment" on the other, so that both
can co-exist without one adversely affecting the other.
The concept has its genesis in the mid-twentieth century when the world realised that the
stress which development was putting on the environment was unacceptable. Every facet of
the environment was being destroyed sometimes beyond repair - and a need was felt to
evolve a new system of development whereby ecology would not be compromised. It is with
this background that the concept of sustainable development emerged and evolved.
The expression "sustainable development" was first used in 1972 at the Cocoyoc Declaration
on Environment and Development and has thence been used profusely - sometimes
meaningfully and sometimes otherwise – whenever environmental issues are talked about or
discussed. The concept received a universal backing at the Stockholm Conference, 1972, and
thereafter has been the most important theme of all conferences and declarations on
environment.
Essentially, sustainable development is a multi-dimensional concept with three inter-acting
angles: ecology, economics and ethics.
The global commitment to sustainable development was reiterated at the World Summit on
Sustainable Development held at Johannesburg, South Africa, from 2nd to 4* September,
2002, where it was decided to assume a collective responsibility to strengthen the three
interdependent pillars of sustainable development: economic development, social
development and environmental protection.
The underlying idea of this concept is that natural resources like the sea-bed are not the fruits
of the labour put in by the present generation, and that therefore, they should be used and
exploited, always keeping in mind the needs of future generations.
Several natural resources in this world are non-renewable, as for instance, fossil fuels and
minerals. Once a particular quantity of such resources is used, the total quantity stands
reduced forever. However, this does not mean that such resources should not be used at all.
All that sustainable development requires is that we use these resources with extreme caution,
respecting the "rights" of future generations. "Protection of the environment" and
"development" are thus two sides of the same coin and one is inseparable from the other.
Over-emphasis on either will leave mother earth in a state of imbalance.
The term Sustainable Development was used by the Brundtland Commission which has
become the most often-quoted definition of Sustainable Development: "Development that
meets the needs of the present without compromising the ability of future generations to
meet their own needs".

Sustainable Development ties together concern for the carrying capacity of natural systems
with the social challenges faced by humanity. As early as the 1970s, "sustainability" was
employed to describe an economy "in equilibrium with basic ecological support systems".
Ecologists have pointed to The Limits to Growth.

The concept of Sustainable Development has in the past most often been broken into three
constituent parts: Environmental sustainability, Economic Sustainability and socio-political
Sustainability.

Green Development is generally differentiated from Sustainable Development in that Green

development prioritizes what its proponents consider to be environmental sustainability over
economic and cultural considerations. Proponents of Sustainable Development argue that it
provides a context to improve overall sustainability where cutting edge Green Development
is unattainable.

Inclusive green growth is the pathway to Sustainable Development. It is the only way to
reconcile the rapid growth required to bring developing countries to the level of prosperity
which they aspire, meet the needs of the more than nearly 1 billion people still living in
poverty, and fulfil the imperative requirement of a better Global Environment.

The Brundtland report, which sustainable development is gets its name from – delineated the
development of human resources in the form of reducing extreme poverty, global gender
equity, and wealth redistribution.

The Brundtland report was imperative to implement strategies to prevent environmental

degradation, and how environmental limits impact energy efficiency, the global economy,
economic resources, and overall sustainable industrialization and development.
Three Pillars of Sustainability
The three pillars of sustainability are a powerful tool for defining the Sustainable
Development problem. This consists of three parameters: Economic, Social, and
Environmental pillars. If any-one pillar is weak then the system as a whole is unsustainable.
Two popular ways to visualize the three pillars are shown in the figure below:

McGoldrick, in his famous book, Sustainable Development and Human Rights: An

Integrated Conception, has depicted sustainable development as a three-pillared structure of a
"temple" which looks like this:

Sustainable Development
International International International
Social Law Environmental Law Economic Law

Pillar No. 2 Pillar No. 1 Pillar No. 3

According to McGoldrick, Pillar No. 1, International Environmental Law, is the central pillar,
giving maximum support to the structure. However, the other two. temple requires support
from all the three pillars, each of which supplements the other two.
Why this is Important?

Social Sustainability
Social Sustainability is the ability of a social system, such as a country, family, or
organization, to function at a defined level of social well-being and harmony indefinitely.
Problems like war, endemic poverty, widespread injustice, and low education rate are
symptoms of a system that is socially unsustainable.

Environmental Sustainability
Environmental Sustainability is the ability of the environment to support a defined level of
environmental quality and natural resource extraction rates indefinitely. This is the
world's biggest actual problem, though, since the consequences of not solving the problem
now are delayed, the problem receives too low a priority to be solved. This pillar is based on
companies’ ability to contribute to economic development and growth. In other words, they
must encourage and promote the protection of the environment by limiting the risks posed by
their production. The recycling of products and the use of renewable energy are therefore
fundamental aspects of the development of the economic pillar.

Economic Sustainability
Economic Sustainability is the ability of an economy to support a defined level of economic
production indefinitely. Since the Great Recession of 2008 this is the world's biggest
apparent problem which endangers progress due to environmental sustainability problem.
Nature of Sustainable Development.
Keeping in view what we leave or pass on to our children and grandchildren, we must think
of the full range of physical and human capital, and natural resources that will determine their
welfare. Adopting the principle of sustainable development would necessarily require a
fundamental change in thinking. The data used for decision-making must reflect the true costs
of resource depletion and pollution, as they affect future generations rather than just the
short-term costs of profits of depleting income-producing resources. The data must take
account of future needs on par with current needs, not ‘discounted’ in a way that carries
decisions in favour of short-term effects.
Ciricacy-Wantrup (1952) has emphasised on the use of safe minimum standards for
conservation by avoiding over-exploitation of critical zones of the environment by limiting
human activities that make it uneconomical to halt or reverse environment degradation. Thus,
the idea of sustainable development requires a careful consideration of sustainable threshold
levels for both economic and environmental systems. For example, deforestation may be
necessary for agriculture development in a regional economy like Brazil, but it could prove
fatal and detrimental to global ecological stability. When a country experiences rapid
population growth or dramatic urbanisation, increase in Gross National Product or GNP may
hide or camouflage major development problems. The same difficulty arises when the world
demand for the raw resources from a country or a region rises to meet increasing global
needs. In sum, until we are prepared to define sustainability in ways that take stock of both
the external threat from food policies in the North and the internal threat from demographic
pressure in the South, it will remain illusory.
Similarly, to cope with the growing problems of land pressures in India, it is necessary to
check and control the population growth rate, ensure balanced livestock development, and
control land alienation. On the other hand, when the World Commission posits that:
“sustainable development requires that the adverse impacts on the quality of air, water, and
other natural elements are minimised, so as to sustain the ecosystem’s overall integrity”, it is
no easy task to judge the success rate.
Recognising these difficulties, the World Commission has noted that measures of success in
sustainable development must take account of the context and the need to meet social
challenges. The sustainability aspect requires that environmental administrators aim at:
i) Maintaining ecosystem and related ecological processes, essential for the functioning of
biosphere;
ii) Sustaining biological diversity by ensuring the survival and promoting the conservation in
their natural habitats of all species of flora and fauna;
iii) Observing the principle of optimum sustainable yield in the exploitation of living natural
resources and ecosystems;
iv) Preventing or abating significant environmental pollution or harm;
v) Establishing adequate environmental protection standards;
vi) Undertaking or requiring prior assessments to ensure that major law, policies, projects,
and technologies contribute to sustainable development.
Scope of Sustainable Development.
Much of the discussion on the scope of sustainable development has already been made in
our sections on ‘Meaning’ and ‘Nature’ of sustainable development. It is pertinent that
development is sustainable, as it saves wastage in the national budget, fulfills the needs of
people, helps in coordination between the natural resources and people and conserves natural
resources for future generations. We all know that the e-goal of sustainable development is to
meet the needs of today, without compromising the needs of tomorrow. This means we
cannot continue using the resources at the current rate, as this way not enough would remain
for future generations.
Sustainable development is an ever-expanding concept and today, the concept covers a
variety of notions which fall under its wide umbrella. The U.N. Division for Sustainable
Development has listed more than forty areas which fall under the scope of sustainable
development, as for instance, the following:
 atmospheric chemistry
 bio diversity
 renewable energy
 forests
 health
 industry
 mountains
 poverty
 sanitation
 sustainable agriculture
 sustainable tourism, etc.
As stated above, the concept of "sustainable development" is not one which is easy to define.
What is certain, however, is that it has grown in size Define the Sustainable development' and
evaluate its salient principles. that "Sustainable development means what type or extent of
development can take place which can be sustained by nature or ecology with or without
mitigation."
Stabilising and reducing carbon emissions is the key to living within environmental limits.
Sustainable development believes that operating within the right economic, social and
environmental boundaries will create a truly sustainable health system, one that is fit for the
future. The scope of sustainable development is very wide, as it deals with areas like social,
economic, environmental, and institutional dimensions.

Social Dimension
The social dimension of sustainable development includes ensuring a strong, healthy and just
society with emphasis on ‘zero hunger’, ‘good health and wellbeing’, ‘quality education’,
‘population control’ and ‘gender equality’.
Economic Dimension
The economic dimension of sustainable development includes economic wellbeing of the
masses with emphasis on ‘no poverty’ ‘sustainable economy’, ‘employment opportunities’,
especially for women, ‘decent work and economic growth, ‘managing natural resources’, and
‘responsible consumption and production’.

Environmental Dimension
The environmental dimension of sustainable development includes promoting environment-
friendly and biodegradable products with emphasis on ‘clean water and sanitation‘,
‘affordable and clean energy’, ‘reducing emissions from industry, transport and energy’
(minimising the release of Greenhouse Gases, which contribute to global warming and air
pollution), ‘encouraging use of renewable sources‘ (such as solar, wind and water energies),
‘climate action and ‘preservation of natural resources’, while respecting and protecting
natural habitats (life below water and life on land) of life forms.
The 17 SDGs are: i) No poverty, ii) Zero Hunger, iii) Good Health and Wellbeing,
iv) Quality Education, v) Gender Equality, vi) Clean Water and Sanitation, vii) Affordable
and Clean Energy, viii) Decent Work and Economic Growth, ix) Industry, Innovation and
Infrastructure, x) Reducing Inequality, xi) Sustainable Cities and Communities,
xii) Responsible Consumption and Production, xiii) Climate Action, xiv) Life Below Water,
xv) Life on Land, xvi) Peace, Justice and Strong Institutions; and xvii) Partnerships for the
Goals.
On July 6, 2017, UN Resolution was adopted by the General Assembly. The Resolution
identifies the specific targets for each goal along with indicators that are being used to
measure progress towards each target. Achieving the SDGs requires conducive partnership of
government, private-sector, civil society and citizens; to make sure we leave a better planet
for the future generations.
The SDGs pay attention to multiple cross – cutting issues, like gender equity education, and
culture cut across all the SDGs. To achieve sustainable development, many sectors need to
come together. The economic, social, political and environmental sectors are all needed for
all critically important and interdependent development decisions. Progress will require
multidisciplinary and transdisciplinary research across all these sectors. This proves to be
difficult when the major governments fail to support it.
According to the UN, the target is to reach out to the community as widely as possible.
However, data or information must adjust for vulnerable groups such as children, elderly,
persons with disabilities, indigenous people, migrants, and internally displaced persons.
There were serious impacts and implications of Covid-19 Pandemic on all 17 goals in the
year 2020. We will read about these goals in detail in our next Units.
Conclusion.
Thus, we can say that traditional economic and industrial approaches are often incompatible
with sustainable development. A basic question today therefore is not whether to choose
between industrialisation and environment. The question now revolves around selecting
patterns of development that improve the quality of environment. International economic
cooperation is vital in this context. However, this desirable outcome will not be achieved
unless nations recognise the crucial relationship between sound environmental management
and international economic development. What is required is a more integrated approach
towards evolving an international environment system, which responds adequately to the
development needs of the third world countries in the context of growing environmental
despoliation.
Growth and economic well-being are essential pre-requisites for prosperity and this in turn
depends on the implementation of policies and programmes that envisage sustainable
development (improved environment). We need to remember what Mahatma Gandhi,
observed nearly hundred years ago, that there is enough in nature to meet the human need but
not human greed. It can be reiterated for all times to come. Sustainable development is indeed
a significant force to meet human needs and aspirations in context of growing environmental
crises.

REFERENCES.
Dasgupta, P. (1993). An Enquiry into Wellbeing and Destitution. Oxford: Clarendon Press.
Kothari, A. (1993). Is Sustainable Development Desirable and Possible? The Indian Journal
of Public Administration. 39(3), 249-253.
Red cliff, M. (1987). Sustainable Development. London: Methuen
World Bank. (1992). World Development Report 1992, Development and the Environment.
New York: Oxford University Press.
World Commission on Environment and Development (WCED). (1987). Our Common
Future. The Brundtland Report, World Commission for Environment and Development.
Delhi, India: Oxford University Press.

(*ABOVE MENTIONED ARE ARTICLES REFERED)