Environmental protection is a critical global issue that has gained increasing attention over the years due to the escalating threats posed by climate change, pollution, deforestation, and other environmental challenges. The call for urgent and decisive action to protect the environment and safeguard the planet's natural resources has become more pressing as the world's population continues to grow, and industrialization and urbanization expand. While many governments, organizations, and individuals have made efforts to reduce their carbon footprint and minimize their impact on the environment, there are still concerns that the current measures may not be sufficient to address the complex and multifaceted nature of environmental degradation. The article aims to provide a critical analysis of environmental protection and explore its strengths, weaknesses, and potential solutions to this global challenge.
The Role of Constitutional Courts on Environmental Conservation
It was heartening to read the article of Hon’ble Justice Uday U Lalit, a sitting judge of the Supreme Court, on the role of Constitutional Courts in environmental conservation, in Journal Section of 2021 (2) SCC.
It was not only a bold attempt but also a wake-up call for the nation which has been steadily losing its forest cover and hilly areas. While the Hon’ble Lordship elaborately discussed various cases decided by the Constitutional Courts for protecting against environmental degradation and deforestation, this judicial activism has gone missing in the last 10 years. The concerned authorities under the pretext of building various infrastructure, recklessly fell thousands of trees, cut mountains or reclaim the sea. But, of late, the judiciary has remained a passive spectator in matters of environmental abuse. The instances are many.
Global Warming and its Consequences
There can be no denying that global warming poses the greatest menace to all kinds of living species. The constant melt-down of the glaciers in the arctic region has been causing steady rise in the sea level. The frequent cyclones are rude manifestations of the same phenomena.
The rise in the atmospheric temperature has also been the cause in the frequent bush fires in Australia, California and even Uttarakhand in the last several years. Freak weather conditions, prolonged rainy season, frequent flash floods are the result of the global warming.
Recently, World Meteorological Organization (WMO) warned against alarming rise in global temperature saying that the coming years would be the warmest on record and even beat the record of 2016. The Paris Agreement 2015 has set forth a global strategy to reduce the temperature well below 2 degree Celsius i.e. to the pre-industrial level. WMO has further warned that the rise in temperature would also lead to heat-related illness and even the spread of vector-borne diseases such as malaria and dengue. The Paris Agreement mandates the nations to reduce the ecological footprint, carbon emission, and cut down our packaged way of life that generates huge amount of waste material.
Tinkering with Environmental Rules
Over the years, various governments have tweaked the environmental rules under the pretext of developing infrastructure. Recently, CRZ laws were tweaked so as to free up a vast expanse of land for development in the Backbay area of Mumbai Metro-politan Region (MMR). Even the Backbay has been brazenly redefined as a ‘creek’ so as to relax the CRZ rules for allowing commercial activities.
Sea reclamation for the purpose of developing motorways and other commemorative structures are additional causes of overall environmental degradation. The government of India owns 60,587 acres of salt land across 9 states. In Mumbai, the salt-pans are spread over 5,379 acres but the environment ministry has tweaked the Wetland Rules, 2017 and deleted the salt pans from the definition of ‘Wetland’ on the pretext of developing the plots for “affordable housing”. In fact, the salt pans are the last remaining open spaces in the city. They act as natural buffers during heavy rains and prevent flooding. Besides, they are contiguous to the marshy areas near the estuaries and creeks which sustain the region’s bio-diversity and are classified as wild life sanctuaries. It is beyond any logical comprehension as to how the salt-pans which are in the inter-tidal areas could be excluded from the Wetland rules. The consequences of this wantonness would be devastating in the coming years.
Recently, the Central Government opened 1781 acres of salt-pans for development in MMR. We all know the ecological role of salt-pans which not only prevent flooding but also provide the breeding ground for thousands of migratory birds. In fact, with the loss of the salt-pans, the low lying areas of Mumbai will drown during heavy rainfall. Another collateral damage would be the loss of mangroves which also play a vital role in ecology by providing the breeding space for marine lives, and in purification of the waste materials. Mangroves are also the best natural barriers against the ravages of tsunami.
In 2019, the forest of Aarey suffered rampant felling of the trees for the purpose of constructing a Metro Car Shed. When the environmentalist filed a petition in the High Court, the authorities went on to chop 2700 trees in the midst of night, before any adverse orders could be passed. This unprecedented haste shocked many. So rampant was the ruthless deforestation overnight that the SC took suo motu cognizance of the matter and passed and Order of status quo.
Environmental Concerns Mount as Mining Threatens Tadoba-Andhari Tiger Reserve's Buffer Zone and Biodiversity
Tadoba-Andhari Tiger Reserve (TATR) is known for its rich bio-diversity and wild life. The mining mafia is well aware of the mineral deposits underneath this region. TATR has been declared to be Eco-Sensitive Zone (ESZ) which implies a total ban also on mining activities in the region. This ESZ also includes 10 kms boundary radius outside Tadoba as “Buffer Zone” last year. Inspite of the aforesaid declaration, the Central Government issued permission for mining in this Buffer Zone. It was only after a great hue and cry by the environmentalist and scientists that the mining operation was halted. But, only temporarily. If the mining operations in the Buffer Zone of Tadoba are resumed, the effect on the adjoining forest land and trees would be deleterious which would be clouded with cement and dust proliferation. That would have direct impact on thousands of species in the habitat, including its flora and fauna.
All these actions on the part of the development authorities are sought to be justified on the ground of building infrastructure which would bring progress and prosperity. The SC in the case of Narmada Bachao Andolan (2000), had co-opted the phrase of “Sustainable Development”, a term which was coined by the UN in its 1987 Report submitted by Brundtland Commission. It implies the idea that humans must learn to live without compromising the needs of nature and future generations. But this laudable idea continues to remain a relative term and hence pliable by the authorities and judiciary. In executive parlance, sustainable growth means, profit, people and planet. This sequence needs to be reshuffled. The UN in its various reports, has exhorted limiting CO2 emissions by using green energy. But over the years, a myth has been built up that the idea of sustainable growth is anti-progress. It’s not. In fact, the remedy lies in taking positive steps to reduce carbon footprint, control the growing population and the rampant use of non-bio-degradable commodities like plastic.
Renowned environmental activist, Sundarlal Bahuguna, had been constantly warning the Central Government against the rampant concretization in the name of development. He had also warned against the dangers of forest fires, especially in Uttarakhand, long before it became an annual feature. He had also suggested a different strategy of preparedness by planting indigenous trees instead of Pines which easily catch fire due to close proximity and soft wood. Even though he was decorated with Padma Vibhushan, his suggestions remained only on paper !
The sub-Himalayan region has steadily witnessed the erosion of valleys and cutting of mountains for constructing concrete roads. It also involves chopping of millions of trees, bushes and shrub, particularly in Uttarakhand. Alarmed by the rampant cutting of hills and deforestation, the SC constituted a Committee, after which it passed an Order restricting the width of the road to 5.5 meters. Inspite of this Order, the authorities continued the road construction to the extent of 11 meters width. The report of the Ravi Chopra Committee appointed by the SC has clearly alleged gross violation of the Court Orders. We all know the important role played by mountains in the eco-system. The countries who defied this eco-system have paid a heavy price in the form of nature’s fury. Frequent landslides, flash floods, glacial collapse are some of the known consequences. Recently, a glacial fracture in Uttarakhand brought about great devastation, killing hundreds of villagers and mining labourers. This region has also seen increasing number of wild fires gutting thousands of hectares of forests.
The successive forest fires in California are a grim reminder of the climate change exacerbated by dry summer conditions persisting into the autumn. In India, the forests are facing a similar challenge with increasing number of forest fires from 2015 onwards. A report of National Institute of Disaster Management says that 50% of country’s forests are prone to fire. Unfortunately, our fire-fighting potential is not as good as it should be. The foresters still fight forest fires using out-dated methods. In 2017, National Green Tribunal (NGT) had also lamented that India did not have a strong and clear national policy on how to tackle forest fires.
The role of NGT has also been lackadaisical in taking cognizance of the environmental abuse. In fact, it has not shown any pro-active approach since 2017 when it had penalized AOL for making concrete structures on the banks of Yamuna. Burning of forest lands, agricultural stubs and the over-grown shrubs on the slope of hills are quite rampant in the rural side of the country. In Urban areas, poisoning of trees existing on the plots meant for intended construction are routinely overlooked by the civic authorities. It is surreptitiously done by pouring Baygon, acid or even kerosene by unscrupulous elements. The foliage of the tree turns black and soon the trees die --- paving the way for desired motive.
Every year, before the onset of monsoon, the civic authorities embark upon a drive for tree pruning. But such trimmings are not done under the supervision of any arborist. The trees are ruthlessly chopped, lopped or even truncated in a manner which is blatantly violative of environmental laws.
Another farce is the bogey of afforestation. The civic authorities glibly claim that the trees which have been felled in a project would either be replanted or by way of compensatory afforestation. The renowned naturalist Pradip Krishen mocks at this clichéd consolation that “10 samplings would be planted elsewhere for every tree lost” which is fig-leaf to hide behind a disastrous decision. The Forest (Conservation) Act 1980 allows diversion of forests for non-forest purposes by ensuring compensatory afforestation elsewhere. The question is whether the Indian forest department has managed to create a single forest till date? The tragic truth is when a forest is lost, the microbes in the soil and habitat of the birds and animals are also lost. In recent times, Lutyen’s Zone has witnessed the felling of more of more than 16,000 trees in South Delhi for an ambitious project.
CJ of Karnataka HC Highlights Environment's Significance, Warns of Devastating Tornado Threat in India
During the lockdown, the CJ of Karnataka HC, Justice Abhay Oka had elaborately spoken on the relevance of environment in one of his lectures. He had rightly highlighted the constitutional provisions and had also referred to the Doctrine of Public Trust invoked in the case of MC Mehta (1997) by the SC. It implies that all natural resources and forest wealth are vested in the state, and the state shall be mere trustee thereof. Articles 48-A and 51–A (g) mandate the protection of environment, wild life and forest by way of the Fundamental Duty.
The cyclone in the third week of May 2021 that hit Bengal also brought along the tornado to the Indian sub-continent for the first time. The funnel-like rotating storm, called tornado, has been peculiar only to the southern states of America and China. This is the most devastating kind of storm which can lift even trucks and buses up in the sky before dumping them on the ground. It can easily blow off the houses and cottages by its sheer speed and ferocity. If tornado becomes a regular feature in a densely populated country like India, the results would be disastrous.
Coming to the core issue of the role of Constitutional courts, all I can say is that its response in recent years in the matters of environmental issues has been less than satisfactory. In fact, it has connived at all kinds of violations and degradation under the convenient alibi of development. Same about the NGT. Osho, in one of his discourses, had quoted Buddha while analyzing human propensity for material greed, and had said that the very desire to be powerful is against nature. Why do you need to be powerful? You must be thinking in terms of destroying and dominating others, including the nature. The role of populism in the decision making process can also not be ruled out. After all, there is no limit to the human greed. But the natural resources on the planet earth are limited. Time has come to acknowledge and accept that even Mother Earth has certain inalienable rights. It is also time to acknowledge that we cannot exist without the earth, but the earth can easily exist without us. The earlier we accept this truth the better for our eco-system and future generation.
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