fodder must reach forest dependent communities on reliable roads and other
infrastructure, in all seasons year round, declare ecologically sensitive areas and
government should reform regulations and laws that ban felling of trees and transit
of wood within India.
National Environment Policy, 2006 was to a response to our national commitment to a clean environment, mandated in the Constitution in Articles 48 A and 51
A (g) and Article 21. National Biodiversity Action in Plan was prepared in 1999
which is based on the principle of National Environment Policy as human beings
are the centre of concerns for sustainable development and they are entitled to a
healthy and productive life in harmony with nature and cross cutting with
biodiversity.
5 Apex Court of India and Protection of Environmental
Law Under Sustainable Development
Our Apex Court has been a major contributory towards the environmental
jurisprudence in India through a two-pronged approach that is by interpreting the
Constitution and laying down dicta to protect the environment and also through
innovating the processes of enforcing these protections such that they do not remain
empty promises. It has through its verdict made clear that the future of the earth is
entirely linked with the sustainable development. The countries 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. One of the first steps taken by the Supreme
Court of India was the incorporation of the right to a pollution free environment to
water and air for full enjoyment of ‘life’ in the list of rights guaranteed to an Indian
citizen under the expandable vision of Article 21 of the Constitution. This was done
by taking the balancing interest approach to the interpretation of the Constitution in
the Subhash Kumar v. State of Bihar.
27
Another innovation has been the development of the “Absolute Liability”
Principle in the case of M. C. Mehta v. Union of India
28 where Justice Bhagwati
laid down a stricter principle of law than the principle of strict liability in the sense
that all the exceptions to the Rylands v. Fletcher
29 rule were not held applicable in
this particular principle applicable to enterprises engaged in hazardous activities
and the size of the industry determined the amount of compensation payable by it.
The concept of sustainable development has been introduced in the Indian
judicial scenario by the judges of the Supreme Court including such international
principles in the context of the development that was necessary in the view of the
developing economy that India was and to a certain extent still is. In the Vellore
27
(1991) 1 SCC 598.
28
(1987) 1 SCC 395.
29
(1868) L.R. 3 H.L. 330.
A Critical Analysis of Law Relating to Biodiversity …
129
infrastructure, in all seasons year round, declare ecologically sensitive areas and
government should reform regulations and laws that ban felling of trees and transit
of wood within India.
National Environment Policy, 2006 was to a response to our national commitment to a clean environment, mandated in the Constitution in Articles 48 A and 51
A (g) and Article 21. National Biodiversity Action in Plan was prepared in 1999
which is based on the principle of National Environment Policy as human beings
are the centre of concerns for sustainable development and they are entitled to a
healthy and productive life in harmony with nature and cross cutting with
biodiversity.
5 Apex Court of India and Protection of Environmental
Law Under Sustainable Development
Our Apex Court has been a major contributory towards the environmental
jurisprudence in India through a two-pronged approach that is by interpreting the
Constitution and laying down dicta to protect the environment and also through
innovating the processes of enforcing these protections such that they do not remain
empty promises. It has through its verdict made clear that the future of the earth is
entirely linked with the sustainable development. The countries 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. One of the first steps taken by the Supreme
Court of India was the incorporation of the right to a pollution free environment to
water and air for full enjoyment of ‘life’ in the list of rights guaranteed to an Indian
citizen under the expandable vision of Article 21 of the Constitution. This was done
by taking the balancing interest approach to the interpretation of the Constitution in
the Subhash Kumar v. State of Bihar.
27
Another innovation has been the development of the “Absolute Liability”
Principle in the case of M. C. Mehta v. Union of India
28 where Justice Bhagwati
laid down a stricter principle of law than the principle of strict liability in the sense
that all the exceptions to the Rylands v. Fletcher
29 rule were not held applicable in
this particular principle applicable to enterprises engaged in hazardous activities
and the size of the industry determined the amount of compensation payable by it.
The concept of sustainable development has been introduced in the Indian
judicial scenario by the judges of the Supreme Court including such international
principles in the context of the development that was necessary in the view of the
developing economy that India was and to a certain extent still is. In the Vellore
27
(1991) 1 SCC 598.
28
(1987) 1 SCC 395.
29
(1868) L.R. 3 H.L. 330.
A Critical Analysis of Law Relating to Biodiversity …
129