Man
through the rapid growth of science and technology has acquired the power to
transform the 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 that 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 depend 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 were 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 toxins, bacterial and viral
contamination.
It
is not only humans that are affected, but all other life forms too. The concept
of the environment as a basic human right must also encompass 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 environmental 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.
67
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
environmental 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 forests 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 (ECO MARK), 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 a 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 the 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 stimulate 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; the 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 is 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)
References:
Ahuja, S., People, Law and Justice A Casebook of Public Interest Litigation, Vol. 1 and 2 (1997, Orient Longman,
Delhi)
Agarwal, V.K., 'Sustainable Development and Environmental
Protection: Some Reflections' (1998) All India Reporter Journal Section, 1-9.
P.
Leelakrishnan, Law and Environment Eastern
Book Company, India 1992
