“Article 21 of the Constitution of India protects not only the human rights but also casts an obligation on human beings to protect and preserve a species becoming extinct, conservation and protection of environment is an inseparable part of right to life. The thrust of the doctrine of public trust is that certain common properties such as rivers, seashores, forests and the air are held by the Government in trusteeship for the free and unimpeded use of the general public. The resources like air, sea, waters and the forests have such a great importance to the people as a whole, that it would be totally unjustified to make them a subject of private ownership. The State, as a custodian of the natural resources, has a duty to maintain them not merely for the benefit of the public, but for the best interest of flora and fauna, wildlife and so on.” – Centre for Environmental Law, World Wide Fund-India v. Union of India, (2013) 8 SCC 234.
World Environment Day is celebrated on 5th June every year to engage the Governments and the organizations for addressing the environmental issues and for the preservation of the environment. The first important conference on the issues of environment was held in Stockholm, Sweden, in the year 1972, that stressed on the need to address the challenge of preserving and enhancing the human environment. In the same year, the General Assembly adopted a resolution and designated 5th June as World Environment Day for increasing environmental awareness around the world. The General Assembly also adopted a resolution for the creation of an agency on environmental issues known as the United Nations Environment Programme. The theme for this year’s World Environment Day is Ecosystem Restoration and the UN Decade on Ecosystem Restoration will also be launched on the same day urging all of us to do our part in healing the planet.
A number of theories have been put forth regarding COVID-19 so far. One theory believes that COVID-19 is zoonotic and has jumped from animals to people. Another theory believes that the transmission pathway is yet to be found. There is a perception that COVID-19 has been good for the environment but the reality is altogether different. Many experts are of the opinion that the world will see increased traffic, change in climatic conditions, and pollution levels, with the efflux of time. As per the United Nations, ecosystem degradation is already affecting the well-being of at least 3.2 billion people and the world is losing 10 million hectares of forests every year. We are a witness to an unprecedented humanitarian crisis and if we fail to take proper care of our environment, then a death warrant for our nature will be on the cards.
The Parliament enacted the Biological Diversity Act in the year 2002. The objectives of the Act are the conservation of biological diversity, sustainable use of its components and fair and equitable sharing of the benefits arising out of the utilisation of genetic resources. The Supreme Court has time and again held that, for achieving the objectives of various Conventions including the Convention on Biological Diversity and also for proper implementation of Convention on International Trade in Endangered Species of Wild Fauna and Flora, etc., and the provisions of the Wildlife (Protection) Act, Biodiversity Act, Forest (Conservation) Act, etc. in the light of Articles 48-A and 51-A (g), the Government has laid down various policies and action plans such as the National Forest Policy, 1988, National Environment Policy, 2006, National Biodiversity Action Plan, 2008, National Action Plan on Climate Change, 2008, the Integrated Development of Wildlife Habitats, a Centrally-Sponsored Scheme framed in the year 2009 and Integrated Development of National Wildlife Action Plan, 2002-2016. Strict implementation of these plans and policies is the need of the hour as the rapid deterioration of the ecology due to human interference is aiding the rapid disappearance of several wild animal species. Poaching and the wildlife trade, habitat loss, human-animal conflict, epidemic, etc. are also some of the reasons which threaten and endanger some of the species. Many High Courts have also remarked that due to undesirable human interference with forces of nature, the calamities, which were a few years back considered to be un-scientific fiction or remote possibilities have turned into harsh realities and become nightmares in many parts of the world endangering human life and even posing a threat to the very existence of mankind if remedial measures are not taken. Therefore, sustainable development with an ecological balance is the only permissible way of life. There is an urgent need for creating widespread awareness and generating public commitment and support for the cause.
The National Green Tribunal which was established in the year 2010 under the National Green Tribunal Act, 2010 for the effective and expeditious disposal of cases relating to environmental protection, conservation of forests and other natural resources, has to put its best foot forward to provide speedy environmental justice and expeditiously dispose of cases relating to environmental protection, conservation of forests, and other natural resources. A resource on which families, nature, future generations, etc., are dependent upon is biological diversity and it includes all the organisms found on our planet i.e., plants, animals and micro-organisms, the genes they contain and the different ecosystems of which they form a part. It is a linkage between all the organisms which binds each one of them into an interdependent ecosystem and in which all of them have a role to play. A hygienic environment is an integral facet of right to a healthy life and it would be impossible to live with human dignity without a humane and healthy environment. Environmental protection has now become a matter of grave concern for human existence. Promoting environmental protection implies maintenance of the environment as a whole comprising the man-made and the natural environment. There is a constitutional command on the Governments not only to ensure and safeguard the proper environment but also an imperative duty to take adequate measures to promote, protect, and improve both the man-made and the natural environment.
The Supreme Court has time after time held that the right to life is a fundamental right under Article 21 of the Constitution and it includes the right of enjoyment of pollution-free water and air for full enjoyment of life. If anything endangers or impairs that quality of life in derogation of laws, a citizen has right to have recourse to Article 32 of the Constitution for removing the pollution of water or air which may be detrimental to the quality of life. A duty is cast upon the Government and the citizens to take steps for waste management so as to reduce its impact on human health. The use of gloves, face masks, etc., which are disposable, also need to be replaced with environment friendly face masks and gloves. We have to make a substantial shift to an economy which fits the environment as well as the people. We have to understand as well as implement the environmental laws and make sincere efforts to protect our nature.
The laws related to the environment are required to be strictly implemented as their non-implementation will lead to drastic and grave evil consequences on nature, which are irreversible and no slackness can be afforded or permitted on this front. Nature needs time to replenish and a collective effort is required to improve our environment so that our future generations can also live with nature and not with its fury. The Member States of the United Nations have already decided to make the decade (2021-2030) as UN Decade on Restoration of Ecosystems. Restoration can only be carried out by living in harmony with the environment and protecting our biodiversity. To escape from future pandemics, destruction of the forests for housing and mining, etc., needs to be replaced by employing sustainable pathways. It is our responsibility to address the impacts of COVID-19 and protect ourselves from such threats. For a sustainable future, we will require an effectual management of hazardous chemical wastes, strong and global caring of nature and biodiversity, facilitating the transition to carbon-neutral economies, etc. The tapping of natural resources for social development has to be done with great care and caution so that environment does not get affected severely. We have to keep in mind that the natural resources are permanent assets of mankind and cannot be exhausted by one generation only. We have to remember that the adherence to sustainable development principle is an essential condition for the maintenance of the symbiotic balance between the rights to environment as well as development. We need to act together to make this world a better place to live in and protect the environment for our future generations by recalling Article 51-A of the Constitution which states – it is the duty of every citizen to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.
Muneeb Rashid Malik is a student of law.