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Sustainable development and Environment protection Laws in India

by Prabhul S Kumar | 01-02-2013 04:13 recommendations 0 recommendations

The idea of sustainable development grew from numerous environmental movements in earlier decades. Summits such as the Earth Summit in Rio, Brazil, 1992, were major international meetings to bring sustainable development to the mainstream.

However, the record on moving towards sustainability so far appears to have been quite poor. The concept of sustainability means many different things to different people, and a large part of humanity around the world still live without access to basic necessities. The idea of sustainable development grew from numerous environmental movements in earlier decades and was defined in 1987 by the World Commission on Environment and Development as: Development that meets the needs of the present without compromising the ability of future generations to meet their own needs.

The 1992 Rio Earth Summit was attended by 152 world leaders, and sustainability was enshrined in Agenda 21, a plan of action, and a recommendation that all countries should produce national sustainable development strategies. Despite binding conventions and numerous detailed reports, there seems to have been little known about the details to ordinary citizens around the world not even in the country i am representing.

Still India also have few important laws regarding environment conservation and sustainable development. As a country India believes that an individual has to play the vital role for the protection of environment and the sustainable development. The  concept will  remain in existence if only the individual has taken initiative. In a third world country like India all the individual along the initiatives of the higher Judiciary are playing the role of protector of environment. Under the Indian Constitution one can find some provision for the environment protection as well as the right of an individual to a pollution free and sustainable environment.

This approach has helped in framing laws about the environment conservation in India the notable ones are given below
1. Every person enjoys the right to a wholesome environment, which is a facet of the right to life guaranteed under Article 21 of the constitution of India. 
2. Enforcement agencies are under an obligation to strictly enforce environmental laws.
3. Government agencies may not plead non availability of funds, inadequacy of staff or other insufficiencies to justify non performance of their obligations under environmental laws.
4. The ?polluter pays principle? which is a part of the basic environmental law of the land requires that a polluter bear the remedial or clean up costs as well as the amounts payable to compensate the victims of pollution.
5. The ?precautionary principle? requires government authorities to anticipates, prevent and attack the causes of environmental pollution. 
6. Stringent action ought to be taken against persons who carry on industrial or development activity for profit without regard to environmental laws.