Open Access Research Article
THE HUMAN RIGHTS PERSPECTIVE OF ENVIRONMENT AND CONSERVATION
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Article Details
THE HUMAN RIGHTS PERSPECTIVE OF ENVIRONMENT
AND CONSERVATION
AUTHORED BY - MRIDUSMITA BARUAH
DEPARTMENT OF LAW, GAUHATI UNIVERSITY
Abstract
The primary concern of the world today is conservation
of the environment. When we look into the concept of environmental protection,
the principle of intergenerational equity comes to the forefront. All human
beings depend on the environment to survive. A safe, healthy environment is a
pre-requisite to a wide range of human rights. Without a healthy environment,
we are not able to fulfill our obligations. In recent times, the development of
human rights in sync with environment has highly increased. Development should
be focused not only for the present generation but also for the future
generation. Rapid industrial growth and use of technology has seriously
affected the natural growth of a country in terms of natural resources,
livelihood of poor and also destroyed the habitat of animals and plants.The
protection of our environment is itself a human right which cannot be overlooked.
Further it
additionally assesses how far the component of human rights is useful to give
solutions for the casualty of environmental degradation and to give better
protection to the global environment.
Keywords: Development, Environment,
Human Rights, Sustainable Development
Introduction
The primordial concept of sustainable
development as a human right has been inscribed as a fundamental principle
under the United Nations Charter. It is an
integral part of the international human rights law. Both the disciplines
of human rights and environment have deep historical social roots. Although
human rights law is more rooted in the collective consciousness, the
accelerated process of environmental degradation is generating a new
‘environmental consciousness’. Second, both are purposeful legal systems in
which universal consent is an objective; they are of variable content and are
open to reality and to social changes. The contents of both disciplines need to
be adapted to dynamic social processes; their normative corpus must meet the
needs of each social era, with the objective of fulfilling its protective ends.
Third, as regards internationalization, the international
community has made the commitment to adhere to the realization of human rights
and respect for the environment.
From the Second World War[1] onwards the relationship
State-individual has been of pertinence to the international community, the
consequences of environmental degradation transcend political boundaries and
are of critical importance in the preservation of world peace and security. The
protection of the environment is internationalized, while the relationship
between the State and the planet becomes a concern of the international
community. Fifth and finally, as concerns universalization, both areas of law
tend to universalize their object of protection. Human rights are presented as
universal and the protection of the environment appears as everyone’s
responsibility.
Justice
P.N. Bhagwati[2]
stated that environmental protection is the culminating point in the evolution
of the first generation of human rights and transcends both the first and
second generation of human rights. Right to a healthy and sustainable
development calls for a global community concern which should be addressed
rigorously.
In ancient Vedic discourse, the
concept of ‘purusha’ and ‘prakriti’[3]
found prevalence in the vedic text. The four Vedas had mentioned the importance
of a healthy environment in various references of commentaries. Infact any
injury to an animal was considered a punishable offence. The relationship
between the environment and human rights was first recognised in the United Nations
Conference on Human Environment at Stockholm, Sweden in 1972, where it was
observed that the human being is both the moulder and creator of the
environment. The World charter for nature had acknowledged that mankind is a
part of nature and life depends on the uninterrupted functioning of natural
system, ensuring supply of nutrients and energy to the living.
One of the most important consequences
is to provide victims of environmental degradation the possibility of access
to justice, which is considered to be one of the basic human rights.
Given the present situation of absolute helplessness suffered by victims of
environmental degradation, linking human rights and the environment brings such
victims closer to the mechanisms of protection that are provided for by human
rights’ law.
It has been repeatedly reminded in
the landmark conference on environment held at Rio de Janeiro that human beings
are at the centre of concern for the environment. UN Human Rights Commission in
its Resolution 2005/60 enumerated rights of the human being as part of the
environment. The Covenant on Economic, Social and Cultural Rights[4]
(ICESCR) 1966, recognises the need for improvement of environment as a basic
human right under the domain of right to health. The world community especially
the United Nations has made untiring effort for establishing the link between environment
and human rights and in that process, John Knox and David R. Boyd was appointed
as a Special Rapporteur on Human Rights and the Environment (2015-2018) and
from 2018 onwards respectively.
The shark tanks of multinationals
have highly neglected the environmental safeguards in establishing their
factories and technologies as a result, of which the countries especially third
world countries are forced to emit high amount of pollution. The destruction of
grievous environmental violation can be witnessed in the tragic Bhopal[5] gas
leak disaster in December, 1984.
In 1984 the UN Sub-Commission on
Prevention of Discrimination and Protection of Minorities[6] review
report prepared by special Rapporteur Fatma Zohra Ksentini had stressed the
development incentives on Environment
and Human Rights.
The dumping of trade wastes by
developed countries into the developing countries has seriously affected the
lives of the civilians. In USA, 60 million kgs of fertilizers are dumped into
various water disposal system. The importance of human rights for conservation
of the environment has been duly regarded as part of the international law.
Former Chief Justice V.R. Krishna
Iyer has pointed out that the transnational[7] corporations
with their unlimited exploitative appetites, infranational industrialist with
imitative tactics and the power of money at various levels woo political power
and white collar, smog the vision of the governments and lubricate the wheels of
the bureaucracy and propagandize pollution as a necessary evil of the nation.
Despite the efforts of the
international community in establishing numerous conventions on environment,
the concern for human rights survival in constant destruction of the
environment has made us to rethink the strategies of environment protection.
The industrialised countries are
facing fresh water and natural resources crisis. Principle of Rio Declaration
enumerates the human beings entitlement to a healthy and productive life in
harmony with nature. But that has not been fully realised to this day. The
fragile exploitation of the forest resources for economic resources has affected
the animals right to livelihood as well as quality of life of individual
citizens.
There is lack of applicability of the
provisions of the various legislation on environmental protection. Our
fundamental right to a sustainable environment is in serious jeopardy. The jurisprudence
of Public Interest Litigation has been envisage as a powerful tool in the hands
of citizens to combat against environmental pollution. In the landmark judgment
of M.C. Mehta Vs. Union of India AIR 1986 SC 1086, Justice P.N. Bhagwati[8]
observed that we have to evolve new principles and lay down new norms which
would adequately deal with the new problems which arise in a highly
industrialised economy. We cannot allow our judicial thinking to be constricted
by references to the law as it prevails. We no longer need the clutches of a
foreign legal order.
In the Saproon[9]
Valley Case, court observed that strict proof of damage is not necessary where
there has been considerable destruction to the environment.
Likewise in the case of Union Carbide
Corporation, wherein the court had evolved the principle of absolute liability,
looked into the urgent necessity of immediate relief of the people whose family
members had suffered death at the tragic disaster of 1984.
The people of Japan had suffered the infamous Minamata[10]
disease, due to heavy consumption of sea food filled with mercury agents. Such
incidents remind us of the duty to protect not only the environment but also
safeguard the health, safety of each individual citizens. The Dodhwal[11]
case had enumerated that Article 51A(g) imposes a fundamental duty on the
citizens to protect the environment at all cost, which is in reality a
fundamental right of the citizens.
A welcome measure has been taken by
United Nations General Assembly on 28 July 2022[12]
declaring that everyone on the planet has a right to a healthy environment. For
full development as human beings, exercise and enjoyment of Human Rights by all
the people is necessary.
Human Rights and fundamental freedoms
help us to develop our intrinsic qualities, intelligence, talents and
conscience to meet our material and spiritual needs. It is needless to state
that without the recognition of the right to education, realization of the
right to development of every human being and nation is not possible.
Article 26 of the Universal Declaration of the
Human Rights (1948) inter alia states that ‘education shall be directed to the
full development of the human personality and to the strengthening of respect
for human rights and fundamental freedom. It shall promote understanding,
tolerance and friendship among all nations, social or religious groups and
shall further the activities of the United Nations for the maintenance of
peace’. Historically, education is an instrument of development and an
important factor for social change. In this view, Human Rights education is an integral part of the right to education. It
is also recognized as a Human Right in itself.
Conclusion
Environmental sustainability should
be the prime concern of importance, where the fundamental right to a clean and
healthy environment can be realised. From the nuclear disaster of Three mile
island[13]
to the current oil leak tragedy in Baghjan[14],
Assam the destruction of the environment has been on a rapid pace, which needs
to be resolved at the earliest. The destruction on the resources of the
environment cannot be done away with pecuniary compensation, rather these must
be robed within the gambit of human rights because it is affecting the
fundamental human rights of the people as well.
[1] Michael J.
Kane,” Promoting Political Rights to protect the Environment”, The
Yale Journal of International Law, Volume 18, Number 1, pp.
389-390 1990.
[2] P.N. Bhagwati, Fundamental
rights in their economic, social and cultural context excerpts from paper
presented at Judicial Colloquim, Bangalore Feb 1988
[3] P.N.
Sen, General principles of Hindu Jurisprudence, Allahabad Law Agency
[5] Upendra
Baxi, Mass Disaster and Multinational Liability (the Bhopal case 2-3 December,
1984)
[6] Mrs.
Fatma Zohra Ksentini, Human rights and the environment available at http://hrlibrary.umn.edu/demo/HRandEnvironment_Ksentini.pdf
(last modified on 17 january, 2023)
[7] V.R. Krishna Iyer, Environmental
pollution and the Law Page no.1 Vedpal
House, Indore 1984
[8] Supra
note 1
[9] General
public of Saproon Valley vs. State of Himachal Pradesh, 24th
April, 1991
[10] Minamata
Disease The History and measures available at https://www.env.go.jp/en/chemi/hs/minamata2002/ch3.html
(last modified on 13th January 2023)
[11] L.K.
Dodhwal v State of Rajasthan AIR 1988 Raj 24
[12] The
Geneva Environment Network available at https://www.genevaenvironmentnetwork.org/resources/updates/human-rights-and-the-environment
(last modified on 13th March, 2023)
[13] Three
mile island cancer legacy available at https://www.science.org
(last modified on 14th March, 2023)
[14] Report
on the Baghjan blowout available at https://frontline.thehindu.com/environment/disaster-baghjan-oil-well-blowout-tinsukia-assam-2021-report/article34987694.ece/amp
(last modified on 10 December, 2022)
Article Information
THE HUMAN RIGHTS PERSPECTIVE OF ENVIRONMENT AND CONSERVATION
Authors: MRIDUSMITA BARUAH
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/04/06
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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