Introduction:-

1. The earth’s atmosphere is a common heritage.  The environmental issues, take into account the human being, and not the State as a unit.  It is a global issue.  The Stockholm declaration recognized that man is the part of nature and life depends on it.  U. Thant, the Secretary General, United Nations, in Stockholm Conference appealed: “Like or not we are traveling together on a common planet and we have no national alternative  but to work together, to make an environment in which we and our children can live a full and peaceful life”.     

2. The declaration in the United Nations conference, on human environment from 5th to 16th June, 1972, considered the need for a common outlook for common principles to inspire and guide the people of the world in the preservation and enhancement of human environment.  The long and tortuous evolution of the human race was not possible without rapid acceleration of science and technology.  The man has achieved the ability to transform his environment in countless ways and on an unprecedented scale. This power if used wisely can bring benefits of development and opportunity to enhance the quality of life.  The wrong application on the other hand can do incalculable harm to human beings and human environment.  The members to the declaration felt that millions continue to live far below the minimum level required for a decent human existence, deprived of adequate food and clothing, shelter and education, health and sanitation.    The industrialist countries pose gigantic environmental problems.   The natural growth of population on preservation of environment.   With the people as the most precious commodity  in the world and their progress, social wealth, with development and science and technology continue to transform human environment.    The members felt that a point has reached when we must shape our actions with a more prudent care for environmental consequences for achieving for ourselves and our posterity,  a better life in an environment, more in keeping with human needs.   What is needed is an enthusiastic but calm state of mind.  The freedom should not be misused for manipulating environment.  

3.  The declaration proceeded to declare the principle: State of common conviction that  the man has fundamental right to freedom, equity and adequate conditions on life  permitting life of dignity and well being and bears solemn responsibility to protect and improve the environment for present and future generations. The natural resources are common to all and must be safeguarded for the benefit of present and future generations.  The capacity of the earth to produce vital renewable resources must be maintained and wherever practicable restored and improved.   The discharge of toxic substances  and the release of heat in the quantities and the concentration should not exceed the capacity of the environment to tender them harmless.   The states should take positive steps to prevent pollution of  the seas by substance hazardous of  human health, living resources and marine life.  The economic and social development is essential.    It should however be such that would not adversely affect the present or future development potential nor should hamper attainment of better living condition for all.    The resources must be made available to preserve and improve the environment.  A rational management of resources should be ensured to make development compatible with a need to protect and improve the human environment for the benefit of the population.  The planning should be rationale, to avoid adverse  effect on environment  and obtaining maximum social economic and environmental benefits.  Science, technology and education should be applied for identification, avoidance and control of environmental risks. 

4.  The club of Rome and the historic Rio Declaration in the Earth Summit in 1992 on 6th June, which is celebrated as ‘World Environment Day’ every year, recognized that the  States should cooperate in a spirit of global partnership to conserve, protect and restore the health and integrity of earth’s eco system.  The summits recognized the principles of  ‘Sustainable Development’, as a balancing concept of development and ecology.  It was found that human desire to progress cannot be restricted, but has to be controlled  by preserving the  biosphere.    The ‘Precautionary Principle’, reversing the burden of proof; the ‘Polluter Pays’, putting the burden of cost of compensation as well as restore the injury to environment, on the polluter, and the ‘Public Trust Doctrine’, declaring that nature’s resources are common to all, are the essential features of sustainable development.  

Environmental justice:-

5. Kautilya, the Prime Minister of Magadh, during the regime of Chandra Gupta Maurya, 300 B.C. in his ‘Arthshastra’ exhaustibly dealt with the question of environment protection.  He laid down the rules for protection and upgradation  of environment minutely, meticulously and with great details.  Mauryan King Ashoka depicted exemplary compassion for wild life and prohibited killing of certain species of creatures.     

6.  We find preaching of compassion towards nature in all religions.  “Don’t make mischief in the earth” says holy Quran.  Gautam Buddha’s religion was based on experience and logic.  He believed on evolution of man.  In the contemporary period Sikhism teaches that the life is made of five basic elements i.e. earth, air, water, fire and sky.  The colonial rule, however, disregarded ancient prudence, cultivated ruthless intelligence to exploit environment for their material gain.    The legacy of imperialism and colonialism, concealing a sense of ownership over environment, propagated its consumption for wealth.  Growth  of industrialization, and lack of awareness to handle the fast pace of development, has brought into focus many environmental issues  and in its response environmental legislations. 

7. The Wild Life (Protection) Act, 1972, the Water (Prevention and Control of Pollution) Act, 1974,  the Forest (Conservation) Act, 1980, the Air (Prevention and Control of Pollution) Act, 1981, the Environment (Protection) Act, 1986, the National Environment Tribunals Act, 1995, the National Environmental Appellate Authority Act, 1997, the Biodiversity Act, 2002 etc. along with the Rules, Regulations and Notifications under these acts have provided regulatory measures, \'the Hard Law’ mostly in response to the treaties and conventions, \'the Soft Law’,  signed by India.  These special acts have supplemented the provisions of Indian Penal Code, 1860  in Chapter XIV of offences affecting the public health, safety, convenience, decency and morals; the Criminal Procedure Code, 1973; the Easements Act; the Civil Procedure Code and other such antiquated legislations.