A critical study of judicial approach towards environment protection and role of sustainable development

Abstract

Man and environment are correlated and so integrated and interlinked that it has led to what we call as planet Earth. History elaborated that all human civilizations have grown and developed due to Industrial Revolution, it being characterized by production of goods and services aimed at satisfying the ever growing consumer demands. Since beginning till late seventies these industries were not at all concerned with nature. Due to high cost of technologies overcoming these negative impacts the industries have not bothered about the resultant pollution or have avoided the concern towards clean and better environment. It thus became the international concern which led to organization of conference on Environment, for the first time at Stockholm by UN in 1972. Hence, the concept of Sustainable Development evolved in 1987. India was also a participatory state among 114 countries in Stockholm Conference. Subsequent thereto were enacted Air Pollution (Prevention and Control) Act, 1981 and Environment Protection Act, 1986. Prior to these general laws as that law of Torts, Indian Penal Code etc. used to have provisions for safeguarding environment. Constitution of India also didnand#8223;t have any provision to protect the environment till 42nd amendment Act, 1976. This amendment incorporated in the Article 51-A (g), speaks about the fundamental duty of every citizen of India which he/ she should execute to protect the environment. Article 48-A was also incorporated to this effect requiring state government to take up steps to improve the quality of the environment and protect the wildlife, forest, nature of India. Apex Court of India as interpreter of constitution has given several decisions evolving the Environmental Jurisprudenceand#8223;. The Article 21 of the Indian Constitution has included access to free air, safe water, pollution free ambient environment etc. as right to life given by Article 21 to all the citizens of the country. But Environmental destruction has just as long a history and is often just as fashionable as En