The Environment: Save and Secure Life
May Earth be Protected by our Good Deeds and May our good deeds be protected by pure water.
Whenever, we see greenery automatically the mind gets fresh, it seems like a tension free environment, living healthy life, inhaled pure and non-polluted oxygen as well as we all know that Food, shelter, water and Air are the basic needs of humans to survive.
Absence of anyone from them unable to survive but to save and securing the environment government faced a challenge and take measures on it after the suffering from environmental issues government taken efforts and implement laws and acts at an international level through the Union of Nations for securing Environment.
Since from School to in law studies we are studying about E.V.S or some readers who aren’t a law student also studied about Environmental studies in this article let’s understand the Enforcement of International Environmental Law. Challenges and measures. Before knowing about Enforcement of International Environmental Law.
Challenges and Measures
Environment is the surrounding in which living organisms, including humans, exist and interact with each other and their surroundings. It encompasses both the natural and built elements that shape our lives and influence our well-being.
Therefore, these are the components of the environment. But now, citizens are trying to save the environment. Do you know? We Indians have also contributed significantly to environmental protection.
Let’s look at some historic environmental movements:
- Chipko Movement (1973):A prominent example of environmental protection, this movement took place in Uttarakhand when trees from the Himalayan forests were to be cut down for commercial purposes. Chandi Prasad Bhatt and Sunder Lal Bahuguna led the movement. Women actively participated by hugging trees to prevent their felling, effectively saving many trees.
- Bishnoi Movement (1730):In Rajasthan’s Jodhpur district, King Abhay Singh’s soldiers attempted to cut trees in Khejari village for palace construction. Amrita Devi Bishnoi and other villagers resisted by clinging to the trees. Tragically, 363 people, including Amrita Devi, were killed. They sacrificed their lives to protect the environment.
- Narmada Bachao Andolan (1961):Initiated during Pandit Jawaharlal Nehru’s time, this movement opposed dam construction on the Narmada River, which displaced many local residents and harmed the environment. Under the leadership of Medha Patkar, the movement raised awareness about the ecological impact and advocated for sustainable development.
Apart from these movements, there were also some international activities and emerging principles aimed at controlling environmental issues, such as:
- Climate Change
- Global Warming
- Deforestation
- Pollution (air, water, noise, soil, etc.)
- Waste Management
- Biodiversity Loss
We all suffering from this Issues and the most Major issue is Pollution, Global Warming, Climate Change. Now we are seeing that Suddenly it’s heat, Cold, Rain. This Climate Change affected body. Now, in these Month We get feel the October Heat. If we want to prevent this issue before Change yourself then change the others and the world. Be always Nature Friendly.
International Activities on Environment
Now, let’s understand the main theme of this article—International Environmental Law. Have you ever thought about how International Environmental Law originated and developed?
We have already heard about major declarations such as the Stockholm Declaration and the Rio Declaration.
Let’s take a closer look at them:
- Stockholm Declaration, 1972:The United Nations Conference on the Human Environment in Stockholm marked the beginning of global inter-governmental action. The action plan included over 100 recommendations on environmental assessment, management, and support measures. Its slogan was “Only One Earth.” It included a Preamble and 26 Principles. The declaration influenced national legislation, including:
- The Air (Prevention and Control of Pollution) Act, 1981
- The Water (Prevention and Control of Pollution) Act, 1974
- The Environmental Protection Act, 1986
- The Forest Conservation Act, 1980
- The Wildlife Protection Act, 1972
- Rio Declaration, 1992:Held in Rio de Janeiro, this was also known as the Earth Summit. It took place 20 years after the Stockholm Conference. The Rio Declaration adopted “Agenda 21,” a 40-chapter document, by over 100 nations. It promoted a new and equitable global partnership and laid down 27 legally non-binding principles for environmental cooperation among states, societies, and people.
Challenges and Measures
Despite the formulation of international laws and declarations, there have been challenges in their application:
- Lack of enforcement due to absence of national laws
- Poor coordination between national and international authorities
- Lack of political will
- Different environmental problems across nations
To address these issues, several measures have been adopted globally, including principles, treaties, and efforts by NGOs:
- Sustainable Development:It means different things to different people but generally includes economic development and responsible use of natural resources. It is based on three pillars:
- International Human Rights Law
- International Environmental Law
- International Economic Law
- Polluter Pays Principle:The polluter must compensate victims and cover the costs of environmental restoration.
Illustrative Case Laws:
- M.C. Mehta v. Kamal Nath, (1997) 1 SCC 388
- M.C. Mehta v. Union of India (Calcutta Tanneries), (1997) 2 SCC 411
- Precautionary Principle:This principle requires preventive action in the face of environmental harm.
Illustrative Case Law: A.P. Pollution Control Board v. Prof. M.V. Nayudu, AIR 1999 SC 812
- Public Trust Doctrine:Certain resources such as air, water, sea, and forests are held in trust by the state for public use and cannot be privately owned.
Illustrative Case Law: M.I. Builders v. Radhey Shyam Sahu, AIR 1999 SC 2468
Role of Indian Judiciary:
The Indian judiciary has been proactive in environmental protection, allowing citizens to seek remedies under:
- Article 32 – Right to approach the Supreme Court
- Article 226 – Right to approach the High Court
The writs Mandamus, Certiorari, and Prohibition are most often used in environmental cases, such as Prem Chand Garg v. Excise Commissioner, AIR 1963 SC 996. Articles 32 and 226 are fundamental rights that provide citizens the right to move the court.
Judicial activism has played a key role in interpreting fundamental rights in the context of environmental issues:
- Article 21 – Right to Life
- Article 14 – Right to Equality
- Article 19 – Freedom of Trade
For the general public, environmental protection laws may seem new and confusing. However, it’s important to be aware of them as a responsible citizen. According to the Indian Constitution:
- Article 51A (g) – Fundamental Duty to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.
The National Green Tribunal:
It was established on 18th, October, 2010. Why the Green Courts are Established? the Green Courts were established for handling the any environmental disputes that involve multi-disciplinary issue. It deals with the speedy decision regarding the issue of protection of environment, forest, and any legal rights of environment.
I as law Student mere wish to practice in the Green Court and Contribute in the Protection And improve of Environment. Therefore, our government is taking lots of efforts in protecting environment and sure about it resulted a Healthy Life of each human being on this planet. The environment nature is a health and we know that Health is our Wealth.
If government doing too much efforts as a citizen, our Duty to Follow the provisions of acts, International Environment Laws but in current scenario, everyone is busy in their work, scheduled and they forget about environmental protection for e.g. doing everything which is harmful for Environment, consuming cigarettes, alcohol etc. there are 130 million of smokers it affected environment and their health. Destruction of environment can affect the necessity of life of people. If you want to contribute in Protection of environment then start from your house, area or City., here are some My Suggestions to you.
Keep Water and food for birds, give water to trees, Save the Trees from Deforestation, plant the trees and I recommend try to plant Maximum amount of Oxygen Plants (Tulsi). now you are thinking that why maximum oxygen plants? The Answer is my dear readers the whole world already suffered from Pandemic Covid 19 and in our India, there was lack of Oxygen Cylinders as well as some peoples died.
The WHO declares that life of Indians reduces 2 to 3 years for lack of oxygen and air pollution. Increase your immunity through Yoga and Satvik Food instated of having Junk Foods which affects Body and Environment too. In the development of Country through Construction project we are forgetting our environmental Development. If there is a Environmental Development the Progress of Country will automatically increase.
Written By: Jui Vijay
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