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INTERNATIONAL JOURNAL OF LAW

MANAGEMENT & HUMANITIES
[ISSN 2581-5369]
Volume 8 | Issue 2
2025
© 2025 International Journal of Law Management & Humanities

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 1688 International Journal of Law Management & Humanities [Vol. 8 Iss 2; 1688]

Sustainable Development and the

Environmental Rule of Law: A Human
Rights Approach to Sustainable Sand
Governance in The International Regime
ANEESHA DOMINIC1

ABSTRACT
Living in a rights based legal system encounters the essentiality of sustainable development
as its core. Thus, sustainability and human rights makes sides of the same coin. In the era
of endangered ecosystems, sustainable development aims strike a balance between human
economic interests and ecological protection. This balance is crucial because
environmental harm would intrude human prosperity.
Good governance always emphasises rule of law and therefore environmental rule of law
is a want as well as need of today’s world. Effective legal mandates are necessary for good
environmental governance. In the International as well as the national perspectives, States
always have the obligation to ensure healthy environment. But while specifically addressing
issues such as sand mining, it must be underlined that despite its transboundary impacts, it
is not discussed as a serious one as other environmental concerns. Sand management and
mining activities has always posed unanswered questions of control mechanisms,
particularly within the international regime.
This paper aims to focus on the relation between human rights and sustainable development,
specifically highlighting environmental rule of law. It addresses the issue of sand extraction,
its management and legal control mechanism and its lacunas in the international regime.
Keywords: Human Rights, Sustainable Development, Rule of Law, Sand Mining,
International Law.

I. INTRODUCTION
Environmental hazards often intervene into the peaceful enjoyment one’s human rights, hence
for its full enjoyment, greening of human rights becomes a necessity2. It is pertinent to note that
such environmental rights are human rights too, most importantly ones right to have a healthy
environment. These substantive rights impose a duty upon the State entities to protect natural

1
Author is a Research Scholar at School of Indian Legal Thought, MG University, India.
2
Greening Human Rights, https://www.opendemocracy.net/en/openglobalrights-openpage/greening-human-
rights/ (last visited on February 18, 2025)

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resource and to guarantee its sustainable management3. But it is quite undisputed that often
States fail to find a reasonable balance between ecology and economic interests.

II. HUMAN RIGHTS, ENVIRONMENT AND SUSTAINABLE DEVELOPMENT:

UNDERSTANDING ITS NEXUS

Liberal approaches towards environment are explicit after the late twentieth century,
particularly following the Stockholm Declaration of 1972. Indian Legislature, as well as the
judiciary, has accepted the concept of ‘sustainable development’ thereon following its global
acceptance4. Sustainable Development is all about balance of interests between the present and
future needs5. It is defined as the “development that meets the needs of the present, without
compromising the ability of future generations to meet their own needs”. It is undisputed that
humans have to understand the environmental limits and live within such limits6. But that
doesn’t mean that the present standard of comfort has to be sacrificed but instead the way of
living has to be revamped. Thereby it creates certain human obligations to ensure a sustainable
environment. It is every person’s inherent right to have the best environment around him to live
on. This showcases the close relationship between human rights and sustainable development
for a better future.

(A) International Documents on Nexus between Human Rights and Right to

Environment

The dire need and concern on the need for environmental stewardship came into discussion only
in late 19th century. And Stockholm Declaration is marked to be the founding stone for the
growth of environmental rights. Thus, Article 1 declares that “man has a 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”. This article gives a direct reference that we humans are vested
with a human right to have an environment that worth it to live in with dignity Prior to the
Stockholm Declaration, an International document which specifically stated this nexus between
human rights and environmental rights is the Brundtland Report7 which in its para 27 states that
“Humanity has the ability to make development sustainable to ensure that it meets the needs of
the present without compromising the ability of future generations to meet their own needs”.

3
Pankaja, T.C., Environmental Human Rights: A New Approach to Sustainable Development IJSD 25 (2020)
4
Environmental Rule of Law in India, A Transformative Principle of Old Wine in New Bottle,
https://vidhilegalpolicy.in/wp-content/uploads/2022/08/Himanshu-and-Sujith.pdf ( last visited on February 15,
2025).
5
What is Sustainable Development, https://www.sd-commission.org.uk/pages/what-is-sustainable-
development.html ( last visited on February 13, 2025)
6
Ibid
7
Report of the World Commission on Environment and Development “Our Common Future”,1987

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1690 International Journal of Law Management & Humanities [Vol. 8 Iss 2; 1688]

Article 1of the Rio Conference held in the year 1992 states that “Human beings are entitled to
a healthy and productive life in harmony with nature” 8. ICCPR9 focus on the civil and political
rights of humans and doesn’t have any direct thought on the human right to environment. But
its Article 6 which reads as “Every human being has the inherent right to life” similar to that of
Article 21 of Indian Constitution obviously has implication on this nexus between human rights
and right to healthy environment. Similarly analysing ICESCR10, it doesn’t explicitly speak in
environmental rights but Article 11 and 12 which speak on ‘right to health’ and ‘adequate
standard of living’ gives implications on this corelation between human rights and right to
environment. Even in the absence of specific mention of such an interrelation, it is pertinent to
note that there lies unequivocable human obligations for its future generations thus the need to
give importance to the interrelation between human rights and environmental rights.11 The 2030
Agenda for Sustainable Development which set froth the 17 Sustainable Development goals,
can be said to be the most important document which speaks on this need. Framework
Principles12 sets out the guiding principles to be followed by the State in enjoying one’s human
right to have a sustainable environment.

Intertwining of environment, sustainability and human rights warrants internationalization of

transboundary environmental hazards13. There should be principles to be followed in the
international realm for which its application to be complied at the national levels14.

(B) Indian legal framework: Role played by Legislature and Judiciary

Independence and the introduction of Indian Constitution has paved way for the environmental
protection in the nation. Amendments to the Constitution particularly the 42nd which was
introduced in response to the UN convention on Human Environment, mandated protection and
improvement of environment. This had a huge impact on the environmental jurisprudence in
India. The constitutional mandate of Article 48A and 51A(g) led to several judicial
interpretation later on, which also played a remarkable job in the growth of environmental law.
Article 21 of the Indian Constitution has been expanded its horizons by various judicial
interferences underlining one’s basic human right to clean, unpolluted and healthy environment.
It has even been declared as a fundamental right under the article15. Case laws such as Indian

8
Conference on Environment and Development
9
International Covenant on Civil and Political Rights
10
International Covenant on Economic, Social and cultural Rights
11
S. SHANTHAKUMAR, INTRODUCTION TO ENVIRONMENTAL LAW 393, (LexisNexis Butterworths
Wadhwa Nagpur, 2010)
12
Framework Principles on Human Rights and the Environment, 2018
13
Philippe Cullet, Definition of An Environmental Right in A Human Rights Context IELRC 24 (1995).
14
Id.at 32.
15
M.C. Mehta v. Union of India, AIR 1987 SC 1086

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Council for Enviro-Legal Action v. Union of India, M.C Mehta v. 16Kamal Nath and others17,
highlights the fact the judiciary has played a key role in ensuring sustainability in environmental
protection. It is pertinent to note the role played by public interest litigation in developing a
better outlook by the judiciary towards environment and its sustainable management. Since
mid-80’s majority of cases relating to environmental issues were through PIL’s18. The balance
between ecology and development has been highlighted by the court in Doon Valley19 case law
but the word sustainable development was literally first used by the judiciary in the case of
Vellore Citizens Welfare Forum20 case. Principles and doctrines such as that of doctrine of
public trust, polluter pay principle, precautionary principle, doctrine of absolute liability was
thereon added through various case laws by the courts. Thus, the constitutional right of a human
to be in a viable environment has been developed.

III. ENVIRONMENTAL RULE OF LAW: A TRANSFORMATIVE DISCOURSE

“Rule of law” is referred to be a governance principle that every organisation should adhere to,
so as to safeguard justice and protection of human rights 21. Environmental issues have to be
subjected to the principles of rule of law for its justiciable management22. Thus ‘environmental
rule of law’ is termed to address the application of principles of ‘rule of law’ in the realm of
protection of environment.

The concept of ‘environmental rule of law’ gained prominence following the UNEP’23s
Governing Council Decision 27/9 that took place in the year 2013. This decision emphasized
the need for applying the principles of rule of law in matters relating to environmental hazards,
both in the international and national realm. UNEP quotes environmental rule of law as follows
“The rule of law in environmental matters is essential for equity in terms of the advancement of
the Sustainable Development Goals (SDGs), the provision of fair access by assuring a rights-
based approach, and the promotion and protection of environmental and other socio-economic
rights”24.

The 2030 Agenda, departs from traditional development approaches by placing the Rule of Law

16
JT 1996 (2) 196.
17
2000 AIR(SC) 1997
18
Sukhvinder Singh Dari & Rangam Sharma, An Overview of Environmental Jurisprudence in India, 1 JGMR 5,
(2014).
19
1989 AIR 594
20
1996 5 SCC 647
21
UNITED NATIONS AND THE RULE OF LAW, https://www.un.org/ruleoflaw/what-is-the-rule-of-law/ ( last
visited May 14, 2025)
22
ALAN BOYLE, HUMAN RIGHTS AND THE ENVIRONMENT: WHERE NEXT 9 (Fortaleza, 2017)
23
United Nations Environment Programme
24
Environmental Rule of Law,: https://www.unep.org/explore-topics/environmental-rights-and-governance/what-
we-do/promoting-environmental-rule-law-0 (last visited on February 19, 2025)

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at its core. It emphasises the need to incorporate the principles of transparency and
accountability in achieving the Sustainable Development Goals and ensuring equity in the
governance of environmental matters.25 Environmental Rule of Law: First Global Report of
2019, points out the weak enforcement as a global trend amplifying the environmental threats,
even though there exists several numbers of environmental laws and agencies for its
enforcement. Extensive growth of regulatory bodies or legislative frameworks couldn’t address
the persistent challenges posed by environmental issues successfully.26

(A) Environmental Rule of Law in India: Role played by Judiciary

The groundbreaking concept of ‘environmental rule of law’ was referred by the court for the
very first time in the case of Hanuman Laxman Aroskar v. Union of India27 , known as the
Mopa Airport case. The issues raised included the environment clearance granted for airport
project without thorough examination of its environmental impacts and absence of proper
Environmental Impact Assessment. Justice D.Y. Chandrachud championed sustainability
transformation and emphasized that enviornmental rule of law entailed incorporation of
essential elements of rule of law, such as stability, certainty, accountability in environmental
matters aligning the principles of equality under the Indian Constitution.

Later in the case of Bangalore Development Authority v. Sudhakar Hedge and Others28, again
Justice D.Y Chandrachud emphasized the crucial symbiotic relationship that should exist
between environmental and developmental considerations. The court underscored that
sustainability of environment is vital preserving the right to life as enshrined under Article 21
of the Constitution. The court added that decision making process in matters relating to
environmental matters must refrain from arbitrary actions aligning with the principles of article
14 of the Indian Constitution.

This perspective was reiterated by Justice D.Y. Chandrachud in the case of Himachal Pradesh
Bus Stand Management v. The Central Empowered Committee29 and emphasizing the close
relationship between ‘environment rule of law’ and principles of environmental law, he quoted
“The environmental rule of law seeks to facilitate a multi– disciplinary analysis of the nature

25
About the 2030 Agenda on Sustainable Development, https://www.ohchr.org/en/sdgs/about-2030-agenda-
sustainable-
(development#:~:text=Comprehensive%3A%20Alongside%20a%20wide%20range,16)%2C%20as%20well%20
as%20an (last visited on Feb 13, 2025).
26
Environmental Rule of Law: First Global Report, https://www.unep.org/resources/assessment/environmental-
rule-law-first-global-report (last visited on January 28, 2025)
27
(2019) SCCOnline SC 441
28
(2020) 03 SC CK 0064
29
AIR 2021 SC 657

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and consequences of carbon footprints and in doing so it brings a shared understanding

between science, regulatory decisions and policy perspectives in the field of environmental
protection”.

In another significant case law of Citizens for Green Doon v. Union of India30 again Justice
D.Y. Chandrachud reiterated the imperative of applying the concept of environmental rule of
law. He highlighted that the lack of transparency, leading to a deficiency in accountability,
starkly contradicts the principles of the ‘environmental rule of law’ which are integral to good
governance.

Analysis of these case laws brings out the close examination of the judicial process relating to
the concept of ‘environmental rule of law’, where Justice D.Y Chandrachud has made an
impregnable contribution towards the understanding of this concept, recognizing its paramount
importance and necessity in shaping environmental jurisprudence in the country.

(B) Dangers of unsustainable sand mining: a transboundary issue

According to United Nations reports, sand ranks as the second most utilized natural resource
globally, following water, and stands as the most extracted mineral on Earth31. It is universally
acknowledged that this mineral plays a crucial role in the economic stability of any nation.
Although primarily employed in construction, sand is indispensable in the production of glass,
asphalt, and various other construction materials32.The issue arises when there is insufficient
availability to meet the demand. Unregulated sand extraction challenges sustainability and
exacerbates its environmental impacts.

In the international regime, there is no specific regulatory mechanism for sand extraction, trade,
and consumption. Laws regulating minerals and their extraction are primarily established by
national legislators, leading to an absence of data on sand extraction and consumption at the
international level. When sand resources become limited, individual countries often engage in
the international trade of sand. Demand for sand mining is always on a tremendous increase
rate due to many reasons such as urbanization and population growth. In response to the
increased demand, often nations engage in sand trade and seeks to find it as their revenue
resource. But this doesn’t mean that a country’s sovereignty does not imply that resources are
free to be exploited without any restrictions33. This underscores that sand mining is a

30
Civil Appeal Nos 6497-6498 of 2021
31
The problem with our dwindling sand reserves , https://www.unep.org/news-and-stories/story/problem-our-
dwindling-sand-reserves (last visited on February 19,2025)
32
Ibid
33
International Law and Sand, https://voelkerrechtsblog.org/international-law-and-sand/ (last visted on February
18, 2025)

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transboundary issue, albeit one that receives less attention.

Despite the transboundary impacts of sand mining on the environment and ecology, the global
discourse on sustainability in this context remains limited. Ensuring sustainability and
upholding “environmental rule of law’ in sand management and mining becomes one of the
most challenging environmental issues of this era.34Trans-boundary environmental issues such
as sand mining can be addressed only if there exists a strict legal framework at the national /
regional levels as well as internationally coordinated accountability and enforcement
mechanisms35.

(C) Human Rights Approach for Sustainable Sand Mining

Issues such as sand mining extend beyond their environmental impacts and carry significant
implications for political, social, and economic factors. The administrative control of sand
mining in major countries underscores the imperative for a global governance system or control
mechanism to regulate sand mining worldwide. This emphasizes the pressing need for enhanced
governance systems and a more concerted global effort to address the critical issues surrounding
sand mining. While numerous treaties, declarations, and decisions from International and
Regional Courts exist at the global governance system regarding the relationship between the
environment and human rights, there is a surprising absence of specific conventions,
declarations, or international obligations addressing sustainable sand mining.

It is noteworthy that the rights-based approach to environmental protection became evident after
the adoption of the UDHR36. The UDHR can be regarded as the initial step toward codifying
international human rights law, reflecting a growing recognition of the interdependence
between environmental well-being and human rights. However, upon analysing numerous
international documents, including the Earth Summit, Rio Declaration, and ILO Convention,
which specifically addressing environmental issues, it becomes evident that these documents
only relate to the immediate environmental impacts caused by sand mining, and not to the
unsustainable usage of sand as a mineral37. Being the most mined mineral resource which is
non-renewable in nature, sand and its effective management necessitates much more attention.
Absence of specific international obligations in the area underlines that these mineral needs
deliberate discussions on its environmental impacts and States have to be obliged to create a

34
Shahid Ahmad Dar, A policy approach for sustainable governance of sand mining activities in NW Kashmir
Himalayas, ScienceDirect 13 (2023).
35
Human Rights and Environment, https://unsdg.un.org/sites/default/files/2020-03/Human-Rights-and-the-
Environment.pdf, (last visited on February 19, 2025)
36
Universal Declaration of Human Rights
37
Supra note 26.

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better regulatory mechanism in their respective territories.

(D) Sustainable Sand Management in India: Navigating its Challenges

India is country with leading reports on illegal sand mining and severe impacts on the
environment. When examining the Indian legislature on initiatives to prevent blatant
unsustainable sand excavations, particularly the MMDR Act38, the EIA39 process, and its
amendments, along with various guidelines issued by the MoEFC, it is essential to highlight
that constant amendments and enactments indicate a conflict of interest among the three
40
branches of the government. SSMG and EMGSM41 marks to be guidelines with weak
enforcement mechanisms. While the judiciary advocates for strict regulation, the legislative
regulatory framework tends to dilute these efforts. It is crucial to emphasize that ensuring
sustainability poses the most significant challenge in the management, extraction, and
consumption of sand in the country. The landmark judgment of Deepak Kumar42 marked a
change in India's sand mining regulatory mechanism, influencing subsequent Environmental
Impact Assessments and positively shaping judicial attitudes. But is disheartening to note that
subsequent EIA notifications have tried to weaken this judgment. NGT43 have played a
considerable role in providing remedies on violations of environmental norms relating to sand
mining despite several regulatory frameworks and judicial pronouncements. Role played by
High Courts also finds significance in regulating sand mining activities in respective states. But
as a whole, analysis finds it is certain that the weak regulatory framework at the National and
State levels had an adverse impact on sand management in the country.

IV. CONCLUSION
It is high time to integrate human rights perspective into the environmental protection regime.
For the same, it is essential to analyse and incorporate the concept of Environmental Rule of
Law. Transboundary impacts of unsustainable management of sand mineral have called for a
regulatory framework and mechanism at the International Level. Sand reserves have to be
analysed to specific data at the national level so as to strengthen mining management.

As discussed in this paper it is evident that the existing human rights frameworks provide a
foundation for environmental protection, but still, it is pertinent to note that a global standard
specifically challenging illegal dredging of sand still remains an unanswered question. Sand

38
MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT, 1957 (No. 67 of 1957)
39
Environmental Impact Assessment
40
Sustainable Sand Management Guidelines, 2016
41
Enforcement and Monitoring Guidelines for Sand Management, 2020
42
(2012) 4 SCC 629
43
National Green Tribunal

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being often a neglected mineral resource needs a better understanding on its consequences and
the need for better regulation at both international and national levels. Hence, incorporating the
essentials of rule of law into environmental protecting eases greening of human rights and also
aids the balance between economic interests and protection of environment, particularly in
managing sand.

*****

© 2025. International Journal of Law Management & Humanities [ISSN 2581-5369]