Saturday, 2 March 2013


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)

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