AN ABSTRACT
LLB., FCS., FICWA
kpcrao.india@gmail.com
The world is witnessing a global crisis of environmental degradation. The future of the earth is entirely linked with the sustainable development that may take place in the various countries, both developed and developing. They have to adopt a visionary approach in consonance with the needs of the man and the earth. There is human threat to air, water and land.
1) Problem statement
In India, the population growth was at alarmingly high rate. Millions of people were below the poverty line and the literacy rate was also very poor. All these factors contributed to serious environmental degradation and the persons who were mostly affected by this environmental degradation were the poor and the disadvantage sections of the society. They were the first victims of the poor sanitation, bad air, contaminated water, scarce food, fuel and fodder. For millions of Indians their only wealth and common property resources were threatened by environmental degradation.
2) Statement of Objectives
Article 48-A which is one of the Directive Principles of State Policy states that the State shall Endeavour to protect and improve the environment and to safeguard the forests and wild life of the country. Part IV – A was added to the Constitution by the Constitution (42nd Amendment) Act, 1976 and Article 51-A(g) thereof specifically says that it shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.
3) Findings of the Study
Public Trust Doctrine - American Courts
The American courts developed a Public Trust Doctrine to the effect that the resources like air, sea, water and forests were of such great importance to the people as a whole that it would be wholly unjustified to make them a subject of private ownership. These resources were the gifts of nature and they should be made freely available to everyone irrespective of the status in life. State has the duty to protect the resources for the enjoyment of the general public rather than to permit their exploitation for commercial purposes by private owners. The American courts emphasized that protection from ecological pollution was among the purposes of public trust.
Indian Courts
The consistent position adopted by the Indian courts as enunciated in one of its judgments has been that ‘there can neither be development at the cost of the environment or environment at the cost of development’.
The position taken by the American Courts was reaffirmed by the Indian supreme Court in number of cases stating: It is important to notice that material resources of the community like forests, ponds, hillock, mountains etc., are nature’s bounty. They maintain delicate ecological balance. They need to be protected for a proper and healthy environment which enables people to enjoy a quality of life which is the essence of the guaranteed right under Article 21 of the Constitution.
4) Conclusion/implications
“The earth, the air, the land and the water are not an inheritance from our forefathers but on loan from our children. So we have to hand over to them at least as it was handed over to us.”
The practice today is exactly the opposite for many. Enjoy what you have as tomorrow is not certain. How do we reconcile such change of attitudes?
