LEGAL STUDIES – XII

Unit 4 (A) – LAW AND SUSTAINABLE DEVELOPMENT

A. Introduction
What is Sustainable Development?
Sustainable Development is defined as economic development that meets the needs of the
present without compromising the ability of the future generations to meet their own needs.
(United Nations General Assembly, 1987)
• Aim: To achieve long-term economic growth by reducing environmental harm (like air,
water, and soil pollution) to ensure a better future.
• Examples:
o Using solar energy to reduce pollution in the environment.
o Planting different types of crops on the same land on a rotational basis for
improving soil fertility.
What is Sustainable Development in Law?
• Sustainable Development is a planning approach that balances economic growth
while preserving the quality of the environment for future generations.
• Sustainable Development Goals (SDGs):
o Sustainable Development Goals (SDGs) – Collection of 17 interlinked goals
that provide a blueprint for peace and prosperity for people and the planet.
o Sustainable Development Goals (SDGs) are also known as Global Goals.
o The SDG framework was adopted by the United Nations in 2015 as a universal
call for action to:

• protect the planet,

• end poverty, and
• ensure that all people enjoy peace and prosperity by 2030.
The 17 Sustainable Development Goals (SDGs)
1. No Poverty: End poverty everywhere.
2. Zero Hunger: Achieve food security and improved nutrition.
3. Good Health and Well-being: Ensure healthy lives and promote well-being.
4. Quality Education: Provide quality education to all.
5. Gender Equality: Empower women and promote equality.

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 6. Clean Water and Sanitation: Ensure access to water and sanitation for all.
7. Affordable and Clean Energy: Promote sustainable energy solutions.
8. Decent Work and Economic Growth: Promote economic growth and jobs.
9. Industry, Innovation, and Infrastructure: Build strong infrastructure.
10. Reduced Inequalities: Address inequality within and between countries.
11. Sustainable Cities and Communities: Make urban areas sustainable.
12. Responsible Consumption and Production: Promote sustainable use of resources.
13. Climate Action: Combat climate change.
14. Life Below Water: Protect marine ecosystems.
15. Life on Land: Safeguard ecosystems on land.
16. Peace, Justice, and Strong Institutions: Promote justice and peace.
17. Partnerships to Achieve the Goals: Strengthen global partnerships for sustainability.

Stockholm Declaration, 1972

• Stockholm Convention is a global treaty that aims to protect human health and the
environment from the effects of persistent organic pollutants (POPs).
• 1st convention to discuss environmental issues on a global scale.
• The declaration emphasizes the need to protect and preserve the environment.
• The declaration highlights fundamental principles about the relationship between
humans and the environment – man is the creator and moulder of his surroundings
i.e. humans create and shape their environment.

B. Initiatives Under International Scenario

(a) Rio Declaration, 1992 – Agenda 21
• The United Nations Conference on Environment and Development (UNCED), also
known as the Earth Summit was held in Rio de Janerio, Brazil in 1992.
• The event marked the 20th anniversary of the 1st environmental conference (Stockholm,
1972).
• Representatives from 179 countries attended to discuss the environmental impact of
human socio-economic activities.
• Objective of Rio ‘Earth Summit’:

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 o To create a global action plan to address environmental and development issues.
o To emphasize balancing the economic, social, and environmental concerns to
sustain life on Earth.
• Outcomes: The Earth Summit led to several key global agreements and initiatives,
including:
o Agenda 21 – A comprehensive plan for sustainable development.
o UNFCCC – United Nations Framework Convention on Climate Change
(addressing climate change).
o Convention on Biological Diversity (protecting ecosystems and species).
o Principles of Forest Management – Guidelines for sustainable forest use.
o Commission on Sustainable Development – Established to monitor and
support sustainable development goals.

(b) Agenda 21
• Agenda 21 was a global action strategy introduced at the Earth Summit, focusing on
sustainable development.
• Area of Focus:
1. Education: Introducing new methods to spread awareness about sustainability.
2. Natural Resource Preservation: Developing innovative ways to conserve
natural resources.
3. Sustainable Economy: Promoting participation in eco-friendly economic
practices.
• Implementation:
o Agenda 21 was reaffirmed during the World Summit on Sustainable
Development (Johannesburg, 2002).
o Agenda 21 highlights the importance of addressing sustainability challenges
simultaneously at local, regional, and global levels.
• Objective: To enhance human well-being and ensure that these improvements are long-
lasting and sustainable over time.
Summary: The Rio Declaration and Agenda 21 are key plans for promoting global,
community-based actions to balance development with environmental sustainability for the
benefit of future generations (development with environmental sustainability).

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C. Provisions Under Indian Constitution
(a) Provisions in the Constitution of India
1. Right to Life (Article 21):
o The Right to Life under Article 21 includes the Right to a clean environment
as part of a healthy life.
2. State's Responsibility (Article 38):
o The State must maintain social order to ensure a welfare state, which is possible
only with a pollution-free environment.
3. Environmental Protection (Article 48A):
o Added by the 42nd Amendment, it directs the State to:
▪ Protect the environment by banning harmful practices (e.g., plastic
bags, leaded petrol).
▪ Improve the environment by promoting sustainable alternatives (e.g.,
using CNG, planting trees in industrial zones).
4. Citizen’s Duty (Article 51A(g)):
o It shall be the duty of every citizen of India to:
▪ Protect and improve the natural environment (forests, rivers, lakes, and
wildlife).
▪ Have compassion for living creatures.

(b) Legal Mechanism

1. State's Duty:
o The Constitution assigns the State with a duty of protecting and improving the
environment, as outlined in Part III (Fundamental Rights) and Part IV
(Directive Principles of State Policy).
o The Supreme Court in K. M. Chinnappa v. Union of India defined
environmental law as a tool to protect and improve the environment and
control or prevent any act polluting or likely to pollute the environment.
2. Environment Protection Act, 1986:
o Environment Protection Act, 1986 was enacted to safeguard and improve the
environment.

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 (c) Legal Framework
India’s environmental protection is regulated by certain laws and regulations:
1. Environment Protection Act, 1986: Law to prevent and address environmental issues.
2. Air (Prevention and Control of Pollution) Act, 1981: Regulates air quality and
controls air pollution.
3. Water (Prevention and Control of Pollution) Act, 1974: Ensures water quality and
manages water pollution.
4. Noise Pollution (Regulation and Control) Rules, 2000: Regulates and controls noise
pollution levels.
5. National Green Tribunal Act, 2010: Establishes a specialized tribunal to handle
environmental disputes.
6. Energy Conservation Act, 2001: Promotes efficient energy use and conservation.
Summary:
Constitution of India and various other laws emphasize both the government and citizen’s
responsibility in protecting and improving the environment.

D. Environment Protection Act, 1986

o The Environment Protection Act, 1986 was introduced by the Government of India
after the Bhopal Gas Tragedy to prevent similar disasters.

o It was enacted under Article 253 of the Constitution.

o The purpose of the Act is to implement the decisions of the United Nations Conference
on the Human Environment, focusing on:
1. Protecting and Improving the Environment: Safeguarding the environment for
humans, animals, plants, and property.
2. Preventing Environmental Hazards: Reducing risks from harmful human activities
related to economic development.

E. Features of Environment Protection Act, 1986:

• Umbrella Legislation: It serves as an umbrella to provide a framework for
coordinating various environmental laws, such as the Water Act and the Air Act, and
for ensuring central and state authorities work together effectively.

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 • Addressing Environmental Degradation: Addressing the challenges India faces due
to economic growth and its impact on the environment.
• Control of Hazardous Substances: Establishing mechanisms to prevent the
accumulation of harmful chemicals and substances in the environment.
Summary: The Environment Protection Act, 1986 provides the government with tools to
regulate and reduce pollution, safeguard natural resources, and coordinate actions to address
environmental challenges, ensuring sustainable development and protection against
environmental hazards.

F. Pollution Control Board

(a) Central Pollution Control Board (CPCB)

The Central Pollution Control Board is a statutory body under the Ministry of
Environment, Forest and Climate Change.
It was established under the Water (Prevention and Control of Pollution) Act, 1974.
Objectives:
• Prevent and control pollution of water and air.
• Promote cleanliness of water bodies like streams and wells.
• Improve air quality across the country.
Key Functions:
1. Policy and Advisory
o Advise the Central Government on pollution control and air quality
improvement.
2. Planning and Coordination
o Plan and implement national programs to control water and air pollution.
o Coordinate activities among State Pollution Control Boards (SPCBs) and
resolve disputes.
3. Research and Technical Support
o Conduct and support research on water and air pollution issues.
o Provide technical guidance to State Boards on pollution prevention and
management.
4. Training and Awareness
o Organize training for professionals involved in water and air pollution control.

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 o Run mass awareness campaigns through media to educate the public on
prevention of water and air pollution.
5. Data Collection and Standards
o Collect, compile, and publish technical and statistical data on water and air
pollution.
6. Guidelines and Manuals
o Prepare manuals and guidelines for managing and disposing sewage, industrial
effluents, and air pollution control equipment like stacks and ducts.
7. Dissemination of Information
o Share information about water and air pollution and its control methods with
the public and authorities.
8. Miscellaneous
o Perform additional functions prescribed by the Government of India.
Summary: The CPCB plays a critical role in regulating pollution, setting standards, promoting
sustainable practices, and ensuring compliance to protect the environment and public health.

(b) State Pollution Control Boards (SPCBs)

The State Pollution Control Boards (SPCBs) are statutory organizations established under
the Water (Prevention and Control of Pollution) Act, 1974.
They function under the guidance of the Central Pollution Control Board (CPCB) to enforce
environmental laws and rules within each state.
Their goal is to protect the environment while supporting sustainable development.
Objectives:
1. Preserving Natural Resources: Ensuring businesses comply with environmental laws
before operating by obtaining necessary authorizations.
2. Promoting Sustainable Development: Balancing economic growth with
environmental protection and social equity.
3. Effective Waste Management: Reducing waste-related environmental hazards.
4. Spreading Awareness: Educating the public about environmental protection.
5. Encouraging Eco-Friendly Practices: Promoting the use of paper bags, public
transport, and other green alternatives to reduce pollution.
Functions of SPCBs:
The SPCBs primarily assist in preventing, controlling, and reducing air and water pollution.
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They also help industries fulfil their Corporate Environmental Responsibility (CER).
Key Functions:
1. Regulatory Approvals:
o Issue No-Objection Certificates (NOCs) for site suitability from an
environmental perspective.
o Grant "Consent to Operate" under the Air Act (1981) and Water Act (1974).
2. Monitoring and Assessment:
o Evaluate the quality of air and water.
o Identify and control pollution from municipal and industrial sources.
3. Legal and Financial Oversight:
o Collect and assess Water Cess under the Water Cess Act (1977).
o Initiate legal action against polluters.
4. Public Awareness and Innovation:
o Conduct awareness campaigns.
o Develop and promote pollution control technologies.
5. Enforcement of Specific Rules:
o Implement regulations such as the Biomedical Waste Rules (1998) and
Hazardous Waste Management Rules (1989).
Summary:
o The SPCBs play a vital role in achieving Sustainable Development Goals (SDGs) by
helping create a balance between economic growth and environmental preservation.

o Strong enforcement of these laws is essential for building a sustainable future for
upcoming generations.

o SPCBs ensure industries operate responsibly, monitor environmental quality, promote

eco-friendly practices, and educate the public about environmental conservation.