Environment protection is sine qua non for sustainable
Development and basic existence and well being of humanity.
Environment as defined under Environment Protection Act 1986
includes water, air, land and the interrelationship which exists
among and between water, air land human beings, other living
creatures, plants, Micro Organism, property, Flora and Flora.
This relationship of human beings with others. Man cannot adopt
an approach that unsettles this relationship. Unwise planning may
impose longer repercussions on society and queer pitch for
sustainable growth and ecological integrity. The motive for profit
reigns supreme, when a developing country encourages the
export of frog legs etc. On a massive scale. United Nations
Commission on Development & Environment Deliberated the
ways and means how to reconcile the conflict between
Development and Environment. The Commission came on the
concept of sustainable Development as a guiding force to strike
the balance, between the two, in its view, the concept would help
in bringing economic growth without disturbing the resources
basis seeking to meet the needs and aspiration of the present
without compromising the ability to meet those of future. This
approach integrates production with resource conservation and
enhancement is intended to provide for all. Adequate livelihood
and equitable access to resource. Stock holm RIO conferences are
land mark in protection of environment & sustainable
development. Now a days it has been established by courts, and
other regulatory, bodies that there is a strong and direct
relationship between right to life and sustainable development.
Gandhi’s view on environment are very much relevant and
contemporary in this regard. He said nature can cater or Fed our
basic needs and not greed. Plato said that primitive society in
small towns was a more progressive society where human beings
live without fear in harmony and love with each other.
Prof. Albert Einstein said I have understood nature partly not
fully, nature was mysterious. The fairest thing is mysterious part of
it. It is the cradle of the true art and true science. Noble Laureate
Prof. Amartya Sen calls for Welfare Global economics based on
education and health and not necessarily on growth economics.
He also said that global society is multicultural and can peaceful.
Both the nature of judicial process all are based on reasonableness
laws are relative contextual, and science philosophy is based
essentially on reasons and is relative. Hence we see a global
paradigm in law and science based on conservation of nature.
Economic growth should not be at the cost of conservation,
Biodiversity and sustainable conservation growth model that
sustains human society and human happiness should be adopted.
Pollution control is need for ecological security which involves (a)
Economic concern (b) Ecological Concern (c) Scientific concern
(d) Social and Political questions. Transboundary pollutions has
taken a very serious shape in these days this menace need to be
checked. State must maintain eco system and related ecological
process essential, for the functioning of the biosphere in all its varieties. They must maintain maximum biological diversity and
observe in the exploitation of living natural resources and eco
systems the principle of optimum sustainable yield should be
followed (Article-3). The right to development does, however,
have certain limitations in as much as it cannot be asserted at the
expense of the community or even at the expense.
Sustainable development is vital to the well being of humanity
not only today but in the context of the next generations. This
aspect deserves to be fully appreciated not only in the legal
domain but in terms of the physical world and its prosperity on
which must depend the future of humanity. Principle of
intergeneration equity and precautionary principle should be
followed.
Dr. Nagender Singh past president of International Court of
Justice, observed both municipal and International law have too
frequently lagged behind events. Today, legal regimes are being
rapidly outdistanced by the accelerating pace and expanding scale
of actions. Affecting the environmental base of development.
Human laws must be reformulated to keep human activities in
harmony with the unchanging and universal laws of nature. There
is at present time an urgent need. He also said, time and tide wait
for no man. The sands of life are passing away swiftly and if man
does not need the warnings given by nature he will not only put an
end to the very existence, but will destroy all life on earth.
Immediate action is necessary to save humanity from the
environmental peril created by our own neglect of nature and this
warning cannot be allowed to go unheeded. War is the biggest
threat to environment, causes all sort of disorders in the world and
is biggest enemy of humanity. Next war will be for water as being
forecasted by various international agencies.
Bottom line approach should be adopted for growth model
emphasizing on.
(a) Environmental performance.
(b) Social performance.
(c) Economic performance.
Nature conservation for national and global society,
ecological imbalance is a social problem. Even at corporate/
industry level the sustainability reporting needs to be strengthened
globally corporates are biggest exploiters of natural resources and
they are biggest exploiters of natural resources and they are
biggest polluters and hence responsible for preserving natural
resources. Principle of equity i.e. ‘Sambhav’ and need based not
greed based approach is needed for development, peace and well
being of humanity and its sustainability.
CA’s have great role to play in this direction/ field as
responsible citizens, as professional auditors, Environment
Auditors Social Auditors, Energy Auditors and CEO’s of various
Commercial & non Commercial Institutions and organisations.
They have a great role to play in various capacities for the noble
cause of environment protection and sustainable development. |