Sustainable development is a development that meets the needs of the present
without compromising the ability of future generations to meet their own needs.
A sustainable development strategy is a tool for informed decision making that
provides a framework for systematic thought across sectors and territory this
paper tries to put forth the need for sustainable development in India. As we
are all aware the growth of urbanization has changed the economic growth and
development of the country is striving to prevent the condition a proper
planning has to be made which concerned the preservation of the environment.
The objective of this paper is to examine what initiative the government is
taking for the protection of the environment this paper also comprises a right
that is available to the citizens and the remedies for their infringement and
also consists of the duties of the state towards the citizen for the
preservation of the environment and will also include the suggestion that how
the right implementation of sustainable development can lead to the effective
functioning of the economy for the growth and expansion of the country.
Introduction
Sustainable Development is a development that meets the needs of the present
without compromising the ability of the future generation to meet their own
needs the term sustainable development was first introduced in the Cocoyoc
declaration on environment and development in early 1970. Sustainable
development means integration of development and environmental imperative.
It is
essentially a policy and strategy for continued economic and social development
without detriment to the environment and natural resources on the quality of
which continued activity. development should take place in the present but it
should not hinder the growth of the future generation for a bright today bleak
tomorrow cannot be counted and it cannot be the last sight of that will today's
yesterday's tomorrow it is tomorrow's yesterday [1].
Even the country globally has accepted the concept of Sustainable Development
that promotes the prosperity and economic opportunity greater social well-being
and protection of the environment. it was the best path forward for improving
the lives of people everywhere as we are all aware that resources are limited
but human demands are unlimited .sustainable development plays an important role
globally as it encourages us to conserve energy and power resource base by
gradually changing the ways in which we develop and use Technology .countries
must be allowed to meet the basic needs of employment, food , energy, water, and
sanitation so to be sustainable, development must possess economical and
ecological sustainability it indicates the way in which development should be
approached [2].
Objectives Of Sustainable Development
The sustainable development goals were born at the United Nation conference on
Sustainable Development in Rio de Janerio in 2012 the objectives to produce a
set of Universal goals that made the urgent environmental political and economic
challenges facing our world. on 1st January 2016.the 17 sustainable development
goals of the 2030 agenda for sustainable development were adopted by the world
hidden September 28 officially at annual Summit officially came into force.
17 sustainable development goals for 2030 are goal:
- No poverty goal
- Hunger goal
- Good health and well-being goal
- Quality education goal
- Gender equality goals
- Clean water and sanitation goals
- Affordable and Clean Energy goal
- Decent work and economic growth goal
- Industry Innovation and infrastructure goal
- Reduced inequalities goal
- Sustainable cities and communities goal
- Responsible consumption and production goal
- Climate action goal
- Life below water goal
- Life on land goal
- Peace and Justice strong institution goal
- Partnership to achieve the goal
Fundamental Duties
Fundamental duties (part 4A) were added by the 42nd amendment act 1976 in the
constitution [3]. It states that it shall be the duty of every citizen of India
to protect and improve the natural environment including forests, lakes, rivers,
and wildlife, and to have compassion for a living creature.
Article 51 A (g) refers to the fundamental duty of every citizen to protect and
improve the natural environment
Article 51 A (j) further provided that it shall be the duty of every citizen of
India to strive towards excellence in all spheres of individual and collective
everything so that the nation constantly rises to a higher level of endeavor and
achievement.
The need of the hour is that we should be the real citizen of the country
striving towards excellence in all spheres of individual and collective activity
including the protection of the environment [4].
Directive Principles Of The State Policy
Part 4 of the Constitution deals with Directive Principles of State Policy,
these Directive principles are designed to guide the Destiny of the nation by
obligating three Wings of the state to implement these principles.
Article 47 - it is the duty of the state to raise the level of nutrition and the
standard of living and improve Public Health.
Article 48A (added by the 42nd amendment act 1976)- the state shall endeavor to
protect and improve environment and safeguarding of forest and wildlife.
The Directive Principles form the fundamental feature and the social conscience
of the constitution and the constitution enjoins upon the state to implement
these directive principles [5].
In
MC Mehta Vs Union Of India [6] popularly known as CNG case the court observed
that articles 39(e), 47, and 48A by themselves and collectively Costa duty on
the state to secure the health of the people improve public health and protect
and improve the environment.
Fundamental Rights
There are certain fundamental rights that are available to the citizens of the
countries:
- Article 14: Equality before the law
- Article 19: protection of certain rights regarding freedom of speech
- Article 21: protection of life and personal liberty.
Article 21 is the heart of fundamental rights and has received expanded meaning
from time to time. All these rights have secured the people of India and the
constitution of India what you learned in part 3 dealing with fundamental
rights.
In
MC Mehta v/s Union of India [7] popularly known as (Oleum gas leak
case):
the supreme court once again implied treated the right to live in pollution the
free environment is a father of the fundamental right to life under article 21
of the constitution.
In the case of
Rajiv Ranjan Singh v/s state of Bihar [8]:
it was held by the Patna High Court that failure to protect the inhabitants of
the locality from the poisonous and highly injurious effects of the tree
effluents and fumes mounted tournament of the inhabitant's rights granted under
article 14 and 21 in this case the court held that the company shall have the
have to bear all the expenses of his treatment and sweet able compensation to be
awarded to the citizen [9].
Remedies For The Enforcement Of Fundamental Rights
The most innovative part of the Constitution is that right to enforce the
fundamental right by moving the Supreme Court is itself a fundamental right
under article 32 of the Constitution [10].
Writ jurisdiction which is conferred
on the supreme court under article 32 and on the 25 high courts under article
226 of the constitution .under these provisions the supreme court and the high
court has the power to issue any direction on orders including writs in the
nature of Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari
whichever is appropriate [11].
Public Interest Litigation
PIL is an important tool in the hand of the people to approach to the Supreme
Court for enforcement of their rights and it has played an important role in
developing and providing impetus to environmental jurisprudence with human
rights approach. it is the most popular approach because it is relatively
speedy, economic and provide a direct approach to the higher judiciary thereby
reducing the chances of further appeals.
The relaxed rules of locus standi in
evolution and Organisation of epistolary Jurisdiction by the Supreme Court and
the high court have further ensured the public participation in matters like
Environment protection.
Government initiative for sustainable development includes:
- Swachh bharat mission:
It was initiated to bring improvement in the
general quality of life in the rural areas, by promoting cleanliness, hygiene,
and eliminating open defecation. To accelerate the sanitation coverage in rural
areas to achieve the goal of 'neat and tidy India’ mission.
- Beti bachao beti padhao:
Beti Bachao, Beti Padhao is a campaign of the
Government of India that aims to generate awareness and improve the efficiency
of welfare services intended for girls in India.
- Pradhan mantriawasjoyana:
Pradhan MantriAwas Yojana is an initiative by
Government of India in which affordable housing will be provided to the urban
poor.
- Smart cities:
Smart City Mission, is an urban renewal and retrofitting
program by the Government of India with the mission to develop 100 smart cities
across the country making them citizen-friendly and sustainable.
- Pradhan mantri Jan dhanyojana:
Pradhan Mantri Jan Dhan Yojana, is financial
inclusion program of the Government of India which is applicable to 10 to 65
years age group, that aims to expand and make affordable access to financial
services such as bank accounts, remittances, credit, insurance, and pensions.
- Deen dayal upadhyay gram jyoti yojana:
Deen Dayal Upadhyaya Gram Jyoti
Yojana is a Government of India scheme designed to provide continuous power
supply to rural India. The government plans to invest ₹756 billion for rural
electrification under this scheme.
- Pradhan mantriujjawalyojana:
Pradhan Mantri Ujjwala Yojana was launched by
Prime Minister of India Narendra Modi on 1 May 2016 to distribute 50 million LPG
connections to women of BPL families.
- Namami Ganga Mission:
It is a key policy priority towards achieving the SDG 6
was launched as a Priority program major components include sewage project
management Urban and rural sanitation, tacking industrial pollution water use
efficiency and quality improvement, ecosystem conservation, and clean Ganga fund
among others.
- National clean air programme (2019):
The increasing air pollution has
affected the growth has also factored the growth of the country for this purpose
Government of India has launched the National clean air program in 2019 as a
plan India time-bound National level strategy for preservation and control and
abatement of air pollution besides augmenting the air quality monitoring network
across the country.
ConclusionSustainable development is the pathway to the future we want for all. It orders
a framework to generate economic growth, achieve social justice, and exercise
environmental stewardship and strength governance.
Climate change knows no borders. It will not stop before the Pacific Islands and
the whole of the international community here has to shoulder a responsibility
to bring about sustainable development. Sustainable development is recognized as
a world-changing phenomenon. It has completely changed the scenario of the
developed countries like Japan, which is constantly focusing to achieve the goal
of sustainable development.
Recently, the law on sustainable development is
gaining momentum at local, national, regional, and international levels but the
dream of achieving it can be possible by involving maximum participation of its
citizens in the country.
Future is in the hand of the people and people can transform the nation with the
latest technologies and management. It is the need of every country to achieve
the 17 goals set to be achieved by 2030 or we will lose our life to economic
disparities, pollution, and other hazardous substances. Our Indian constitution
has also played a vital role in sustainable development it has made several
provisions for the preservation and conservation of forests in human life from
any kind of pollution or harmful substance.
The constitutional makers had very cleverly put provisions like Article 51A (j)
(g) in the fundamental duties as fundamental duties are nothing but the
long-term goals which the makers had in their mind for the country to achieve in
the future. There are several duties embodied in the constitution that make it
obligatory (morally) for the citizen to protect and preserve the forest.
The
main object to add the fundamental duties was that the government knew that the
participation of citizens can bring a positive change in the country. The
introduction of PIL as an exception to locus standi was just a step closer to
achieve such goals. The inclusion of the provision of locus standi just made
people out there more attentive and sensitive towards their responsibility or
the environment and people like M.C Mehta are surely doing justice to that.
All of this concluded on the thing that we don’t lack provisions for the
environment but what we lack is their strict implementation. Environmental laws
in India are not given the status they need at the time and they're not being
implemented properly is one of the outcomes of flexible laws. We don’t exactly
need new laws for sustainable development but proper implementation of existing
laws with stricter punishments and penalties. We also need to make people aware
of the concept and the ways they can contribute individually.
Needless to say that sustainable development is not an individual thing it
affects people at large and changes at a larger level will only help us in
achieving our goals, but we also need to keep in mind that only combined
individual effects are going to be a mass movement and every individually taking
responsibility for protecting their development can make this development grows.
Several rights are also given to the citizen who signifies that citizens have
the right to quality of life and can approach to the court if such rights are
infringed. So we can say that India is working hard to achieve the goal
of sustainable development and the right implementation of government policy can
lead India to its highest growth and can change the picture of the country in
the next decade.
References:
- TN Godavarman Thirumupalpad v/s Union of India (2002) 10 SCC 606 at 630
- Gurdeep Singh environmental law International and national perspective,
210(1995)
- Article 11 of the constitution (42nd amendment) act, 1976
- LK koolwal v/s state, AIR 1988 raj.2
- State of Kerala v/s NM Thomas (1976) 2 SCC 310 at 379
- MC Mehta v/s Union of India (2002) 4 SCC 356
- MC Mehta v/s Union of India, AIR 1987 sc 1086
- Rajiv Ranjan Singh v/s state of Bihar, AIR 1992 Pat 86
- PS Jaiswal Environmental law 2011 Edition ID 87
- Article 32 sub-clause 1
- Article 32 clause 2; Article 226 sub-clause 1
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