Environment and Human Rights
Dr. Sanjeev
Gandhi
Govt. College
Chhachhrauli
(YNR)
In
the long evolution of the human race on this planet, a stage has been reached
when, through the rapid acceleration of science and technology, we have
acquired the power to transform our environment in countless ways and on an
unprecedented scale. Humanity’s capacity to transform its surroundings, if used
wisely and with respect to the ways of nature, can bring to all communities the
opportunity to enhance the quality of life. Wrongly or heedlessly applied, or
applied in iniquitous ways, the same power can do incalculable harm to human
beings and their environment.
We
see around us growing evidence of human-caused harm in many regions of the
earth:
• Dangerous levels of pollution in
water, air, earth and living beings;
• Destruction and depletion of
irreplaceable life forms and natural resources;
• Major and undesirable disturbances in
the earth’s climate and protective layers;
• Gross deficiencies, harmful to
physical, mental and social health, in the living and
working environments of humans, especially in cities
and industrial complexes.
In
the above context, it is important to recognize our dependence on the earth’s
natural resources. Natural resources such as air, water, and land are
fundamental to all life forms: they are, much more than money and economic
infrastructure, the base of our survival. To large numbers of humanity,
especially communities that have been termed ‘ecosystem people’ (people
depending on the natural environments of their own locality to meet most of
their material needs).
Natural
resources are the base of survival and livelihoods. Their material and economic
sustenance largely depends on these. In India alone, around 70% of the
population directly depends on land-based occupations, forests, wetlands and
marine habitats, for basic subsistence requirements with regard to water, food, fuel, housing, fodder
and medicine as also for ecological livelihoods & cultural sustenance.
Given this close interdependence of humans and their environment, it is not
surprising that the culture of societies is so greatly influenced by their
environment. They seek inspiration, knowledge, spirituality and aesthetics within
their natural surroundings.
Life,
livelihoods, culture and society, are fundamental aspects of human existence
–hence their maintenance and enhancement is a fundamental human right. Destruction
of environment and thereby of the natural resources, is therefore, a violation
or leads to the violation of human rights – directly by undermining the above
aspects of human existence, or indirectly by leading to other violations
of human rights, for example through social disruption, conflicts and
even war. Conversely, human rights violations of other kinds can lead to
environmental destruction, for instance, displacement by social
strife/war can cause environmental damage in areas of relocation; or
breakdown in sustainable common property management. The manifestations
of such violations present themselves through a loss of access to clean
air and water; loss of access to productive land; loss of energy sources and
biomass; loss of food and health security; social and economic
marginalization; and physical displacement.
Several
hundred million people have been increasingly forced to live far below the
minimum levels required for a decent human existence, deprived of adequate
water, food, clothing, shelter and education, health and sanitation.
Development, which was supposed to alleviate such problems, has often increased
them, especially by allowing the powerful sections of society to appropriate
the natural resources of poor and resource-dependent people. Communities, once
proudly self-reliant, have been pushed literally or figuratively into begging
for existence, their forests and water and lands taken away for ‘economic
progress.’
The following human rights are often
affected by environmental harms.
Right to Life The right to life has extensive environmental links.
It could be linked to any environmental disruption that directly contributed to
the loss of lives including to the mentioned air pollution causing 2.4 million
deaths per year.
Right to Health This right, closely linked to the right to life, is
often violated in cases of pollution of air, land or water.
Right to Water Although not specifically codified in an
international treaty, (access to) water is more frequently invoked and accepted
as a human right. It’s obviously linked to life and health.
Right to Food Due to the environmental disruption, the right to
physical and economic access to adequate food, is progressively under
pressure.
Right to Development Sustainable development recognizes that
environmentally destructive economic progress does not produce long-term
societal progress.
Right to Property With sea levels rising, more and more people
living on islands and in coastal areas, have and will be deprived of (parts of)
their property.
Right to Shelter and Housing When environmental degradation
displaces individuals and communities or compels them to live in unhealthy,
hazardous conditions.
Right to Work Along with environmental disruption often deprecates
of the right to work. An example would be industrial overfishing putting small
local fishermen out of work.
Right to Culture, Family life and Rights of Indigenous People The
UN Declaration on the Rights of Indigenous Peoples, for the first time
recognizes the conservation and protection of the environment and resources as
a human right.
Rights and Equity, non-discrimination Where they have least
contributed to the problems, impacts of climate change and other environmental
harms are expected to be bigger on the poorer parts than in the more wealthier
parts of the world.
Women and Children’s Rights Women and children are even more
impacted by environmental disruption than men and because their immune systems
have not fully been developed, children are vulnerable to toxics, bacterial and
viral contamination.
It is not only humans that are
affected, but all other life forms too. The concept of environment as a basic
human right must also encompass a respect for the right of other species to
survive on this planet. There are anywhere between 5 and 50 million species of
plants, animals, and microorganisms sharing the earth with us, and each has a
value of its own, a role to play in a vast, complex web of interdependent
connections. This range of species, the habitats they live in, and the internal
genetic diversity they display, is called biological diversity or biodiversity.
Such diversity is part of our daily lives and livelihoods, constituting
resources upon which families, communities, nations and future generations
depend. Biodiversity has numerous uses in agriculture, medicine, food and
industry. It helps to maintain ecological balance and evolutionary processes,
and has spiritual, cultural, aesthetic and recreational values. Its loss is,
therefore, a part of the erosion of environmental human rights.
The United Nations Conference on the
Human Environment, Stockholm 1972 stated the common conviction that: “Humans
have the fundamental right to freedom, equality and adequate conditions
of life, in an environment of a quality that permits a life of
dignity and well-being, and a solemn responsibility to protect
and improve the environment for present and future generations”.
A
special mention must be made here of the indigenous and tribal people of the
world, virtually all of whom are faced with a serious crisis of survival. Their
identity as independent communities and peoples is threatened because the
economic, social, cultural, and natural resource base which enabled them to
thrive as distinct peoples is being trampled upon. This intrusion is very
prominent in their economy. The traditional economy of the indigenous peoples
rested on their concept of and relationship with nature. For most such
communities, land, water and forest belong to Mother Earth; human beings enjoy
only usufructuary rights over them, nobody can own them; they ought not to be
bought and sold, appropriated or otherwise privatized. Land, therefore, is an
important ingredient of the indigenous peoples’ identity not only for its
economic usage but also for its spiritual and emotional quality.
The
present crisis of the indigenous peoples consists precisely in the weakening
and damaging of the ultimate base of their sustenance, namely land. Since the
dawn of independence the Indian ruling class, effectively using the government
machinery, has been alienating tribal land in the name of ‘national interests’.
The biggest threat to the tribal people is the large-scale alienation of their
land through mega projects such as mines, industries, wildlife reserves,
townships, highways, military establishments, and other projects in the name of
‘national development’ and ‘national interests’
The environmental conditions have deteriorated
and worsened all over the country due to a variety of aggravating factors. The
overall situation is certainly a matter of grave concern, more specially
because it is affecting adversely the quality of life of the people and eroding
the very foundations of the national economy and national security. As
mentioned earlier, the worst affected are the poorer sections of society. The
situation is compounded by slack and inadequate enforcement of laws and
legislations. In this scenario, the importance of strengthening the
constitutional safeguards for environment protection and nature conservation
cannot be underscored. There can be no doubt that it is only by ensuring
ecological security that the goal of sustainable development and national
well-being will become feasible.
66 years after Independence, while the country
has achieved great gains in industry and commercial agriculture, it has
generally failed on the poverty eradication, livelihood security and environment
protection fronts. The Constitution of India, 1950, did not include any
specific provision relating to environment protection or nature conservation.
Presumably, the acute environmental problems being faced now in the country
were not visualized by the framers of the Constitution.
The
Indian Forest Act, 1927: An
Act to consolidate the law relating to forests,
the transit of forest-produce and the duty leviable on timber and other
forest produce. Created various categories of forests for different management
and regulatory regimes.
The Prevention of Cruelty to
Animals Act, 1960: An
Act to prevent the infliction of unnecessary pain or suffering on animals.
The
Water (Prevention and Control of Pollution) Act,
1974, amended 1988: An Act to provide for
the prevention and control of water pollution and the maintaining or restoring
of wholesomeness of water.
Forest
(Conservation) Act, 1980, amended 1988: An
Act to provide for the conservation of forests and for matters connected
therewith or ancillary or incidental thereto.
The
Air (Prevention and Control of Pollution) Act 1981
amended 1987: An Act to provide for the prevention,
control and abatement of air pollution.
The
Environment (Protection) Act, 1986, amended
1991: An Act to provide for the protection and improvement
of environment and for matters connected therewith with the following key
rules/notifications:
• Declaration of
Coastal Stretches as Coastal Regulation Zone (CRZ), 1991, amended 2001
• The Scheme on
Labeling of Environment Friendly Products (ECOMARK), 1991
• Eco-sensitive
Zone (a series of notifications declaring specific sites)
• Environment
Impact Assessment Notification, 1994, amended 2002
• The Rules for
the Manufacture, Use, Import, Export and Storage of Hazardous micro-organisms genetically
engineered organisms or cells, 1989
• Hazardous
Substances Management (a series of Rules dealing with municipal solid
wastes, batteries, recycled plastics,
chemical accidents, hazardous micro-organisms and genetically engineered
organisms/cells, hazardous chemicals, biomedical wastes, and other hazardous
wastes).
• Noise
Pollution (Regulation and Control) Rules, 2000
The
Forest Policy, 1988: A
policy that emphasizes the twin objectives of ecological stability and social
justice. Highlighting the need for stronger conservation measures, it points to
symbiotic relationship between tribal and other poor people and forests. It
recommends treating local needs as ‘the first charge’ on forest produce, and
creates space for the participation of forest-dependent communities in the
management of forests.
The
Public Liability Insurance Act, 1991, amended
1992: An Act to provide for public liability insurance for
the purpose of providing immediate relief to the persons affected by accident
occurring while handling any hazardous substance and for matters connected
therewith or incidental thereto.
Constitution
(73rd Amendment) Act 1992: An
Act to empower panchayat bodies to manage local affairs, including
environmental resources such as water, land, agriculture, animal husbandry,
social/farm forestry, minor forest produce, and fisheries.
National
Conservation Strategy and Policy Statement on Environment and
Development,
1992: with guidelines for integrating
environmental considerations into development.
The
National Environment Tribunal Act, 1995: An
Act to provide for strict liability for damages arising out of any accident
occurring while handling any hazardous substance and for the establishment of a
National Environment Tribunal for effective and expeditious disposal of cases
arising from such accident, with a view to giving relief and compensation for
damages to persons, property and the environment and for matters connected
therewith or incidental thereto.
The
National Environment Tribunal Act, 1995An
Act to extend the 73rd Constitutional Amendment to Scheduled
(predominantly tribal) areas, providing ownership or control over some natural
resources such as minor (non-timber) forest produce.
The
National Environment Appellate Authority Act,
1997: An Act to provide for the establishment
of a National Environment Appellate Authority to hear appeals with respect to
restriction of areas in which any industries, operations or processes or class
of industries, operations or processes shall not be carried out or shall be
carried out subject to certain safeguards under the Environment (Protection)
Act, 1986 and for matters connected therewith or incidental thereto.
The
Wild Life (Protection) Amendment Act, 2002: An
Act to provide for the protection of wild animals, birds and plants and for
matters connected therewith or ancillary or incidental thereto with a view to
ensuring the ecological and environmental security of the country.
The
Biological Diversity Act, 2002: An
Act to provide for conservation of biological diversity, sustainable use of its
components and fair and equitable sharing of the benefits arising out of the
use of biological resources, knowledge and for matters connected therewith or
incidental thereto.
The
Right to Information Act 2005: An Act to provide the
right to information to all citizens (useful in accessing information regarding
environmental matters, including projects/processes that affect the
environment).
Scheduled
Tribes (Recognition of Forest Rights) Bill 2005: A
bill to recognize and vest the forest rights and occupation in forest land in
forest dwelling Scheduled Tribes who have been residing in such forests for
generations but whose rights could not be recorded; to provide for a framework
for recording the forest rights so vested and the nature of evidence required
for such recognition and vesting in respect of forest land.
Humans
are an integral part of nature and whatever happens to nature happens to humans,
most often with an immediacy that is not captured in the crisis of global warming
or ocean pollution. Indeed, natural calamities in many instances have not remained
entirely ‘natural’ either in their occurrence or the devastation they cause. They
have, in fact, become accentuated by, and sometimes even created by, human actions.
The indirect effects of mass degradation and over exploitation of natural resources,
which are also playing an important role in maintaining a harmonious balance on
earth, show up in more destructive forms such as ‘natural calamities’. Floods,
landslides, cyclones, famines, earthquakes are known to stimulated or catalyzed
some of the ‘developmental’ projects such as desilting, deforestation and soil
erosion; reclaiming lands from shorelines; mismanagement and over exploitation
of water resources; building of large dams, hydel power plants etc., respectively.
There are numerous examples of such occurrences and their exaggerated consequences
What
kind of solutions and alternatives are being tried out, what are the elements
of hope? There are at least the following six:
1. Resistance
(to ‘development’ projects and processes that are destructive)
2. Revival (of
traditions that are still relevant, in the same or modified manner)
3.
Reconstruction (synthesizing traditions and modern processes/knowledge into
New-combinations)
4. Redefinition
(of some key terms and paradigms of development)
5. Reorientation
(of attitudes towards nature and fellow humans)
6. Restitution
(handing back of territories, resource rights, and knowledge ownership)
