Environment, Dharma & Constitution of India

Not until I got an opportunity to study Jurisprudence in Law school, ‘Dharma’ as the term very often portrayed in our daily lives, used to be ordinarily perceived as the Sanskrit word for religion in my consciousness since childhood days!

But while studying the principle of ‘Dharma’ in detail, could discern slowly but surely that it is not just a religion but a bit more than that actually. According to Vedic wisdom traditions Dharma as elaborated is not just a religion, like Yoga is not just a physical training regime but are disciplines of science for controlling and conducting our lives and means to celebrate it.


1.0 Dharma – the principle of harmonious co-existence and not religion


Principles by which we need to align ourselves to elements and forces of the universe, to yield a harmonious relationship with it, are called ‘Dharma’. (#3) For example things which we have to necessarily observe in our daily life and in social relations and while interacting with our surroundings, etc., is also constituted by what is called as ‘Dharma’. Actually this term ‘Dharma’ is much wider and not religion per se but encompasses righteousness, rule of law, duty, obligations, rituals, religious practices and ‘Sadachar’ (harmonious behavior).

We may become masters in our pursuits of chosen discipline and obtain the highest qualification in the field, but back at work and home if we are unable to deal with situations and lead a much stressed life, then the chances of success being pronounced in our lives is not only dim but remotest of the remote possibility, Dharma allows us that leverage.

The texts of pristine glory and grandeur, Bhagavad Gita (7.19, 13.13) and the Bhagavad Purana (2.2.41, 2.2.45), contain many references to the omnipresence of the Supreme divinity, including its presence throughout and within nature. Vedas accept the presence of God in nature. For example, many think of India's mighty rivers - such as the Ganges and Yamuna - as goddesses. In the Mahabharata, it is noted that the universe and every object in it has been created as an abode of the Supreme God meant for the benefit of all, implying that individual species should enjoy their role within a larger system, in relationship with other species.

Protecting the environment is part of Dharma, which is one of the most important Vedic concepts, has been translated into English as duty, virtue and cosmic order but not entirely a religion. According to Vedas, protecting the environment is an important expression of Dharma.

There are those communities who carry out many conservation-oriented practices not as "environmental" acts but rather as expressions of dharma. When Bishnois are protecting animals and trees, when Swadhyayis are building Vrikshamandiras (tree temples) and Nirmal Nirs (water harvesting sites) and when Bhils are practicing their rituals in sacred groves, they are simply expressing their reverence for creation according to Vedic teachings, not for "restoring the environment." These traditional Indian groups do not see religion, ecology and ethics as separate arenas of life. Instead, they understand it to be part of their Dharma to treat creation with respect. (#6)

Dharma prescribes modest living and minimum consumption and maximum conservation of the natural resources for sustenance of human life, no wonder today our greatest role model for deceptively simple living is none other than Mahatma Gandhi, the father of the nation.

Ancient Manusmriti, the first codified law timed around 500 BC is the first ‘Rule of Law’ in the history of the Mankind! – said, journalist Tavleen Singh via Twitter. Vedic wisdom traditions had acknowledged during the period around 500 BC when the Latin & English laws were not developed, the ‘Rule of law’, having components of supremacy of Law, predominance of legal spirit and equality before the law, were advocated in Manusmriti but this very legal principle’s modern proponent is Prof. AV Dicey who came out with details only towards the end of nineteenth century. Prof. Austin’s the father of modern jurisprudence had said “Law is the command of the sovereign” it holds good in Manusmriti (Chapter VIII Verse 1 to 8). Manusmriti details Dharma and shows its legitimate path.

Men are a product of the universe and are a teachable animal, blessed with intelligence and can modify the course of the natural laws to a certain extent. Here comes the initiation of the problem and reasons for all the issues being raised today for sustainable development, global warming, carbon emission and degradation of the universal living standards.

According to Vedas there are two major aspects in the universe such as ‘Prakriti’ i.e. nature and ‘Purusha’ i.e. Men. Nature has certain definitive courses which happen on its own but Men can modify the course to a certain extent. This capacity of human intervention in the natural discourse is the principal reason for chaos such as Global warming and the huge concern about the sustainability of the World order.

So finally, when the principle was well understood, that means that there is a constant need for us to adjust our selves to yield a harmonious relationship with all that is provided in abundance by the nature and its laws of the universe and the rules we need to follow to suit the circumstances and the environment is called ‘Dharma’, that made me feel pity not only for myself but also for the protagonists of this much misunderstood terminology.

Therefore, unless the principles of ‘Dharma’ are followed with great sense of responsibility, the environment shall not remain unconditioned and unaltered and the Earth will not be a better place to live in the days to come.



2.0 Environment: - what is the extent of it


2.10. Environment: Ordinarily we may perceive Environment as immediate surroundings to our existence; however, the definition encompasses the cosmos in entirety as there are continuous exchanges taking place between our mother earth and everything else that exists in the cosmos. For example one atom that we have in our body may have been part of the stars that we see at night and exchange of atomic particles takes place so fast that we can exchange the atom of a peasant in China in 3 weeks and a taxi driver from Bihar in 2 weeks while living in Mumbai! (#4)

Specifically to our immediate existence, the natural environment encompasses all living and non-living beings, all moving and non-moving things, occurring naturally on Earth and not external to it, which are meant to be continuously interacting with each other as a continual process of exchange. Now most importantly, climate, weather and natural resources that are derived from the mother earth, affect human survival and economic activity either in progressive or in regressive manner.

The concept of the natural environment can be distinguished by the following two major components:

a. Complete ecological units that function as independent natural systems without massive civilized human intervention, including all vegetation of flaura and fauna, microorganisms, soil, rocks etc., having natural phenomena that occur within their boundaries and their nature. That is one having perceived finite shape.

b. Universal natural resources and physical phenomena that lack clear-cut boundaries, such as air, water, and climate, as well as energy, radiation, electric charge, and magnetism, force of gravity not necessarily originating from civilized human activity. That is the other component having no finite shape.


In far contrast to the natural environment there is the Men made environment. In such areas where men have fundamentally transformed landscapes such as urban settings and agricultural land configuration, natural course of river, etc., the natural environment is greatly modified, while its intrinsic value gets greatly diminished at times. Even, events which seem less harmful, such as hydroelectric project or solar power systems construction in the deserts etc., all these lead to disturbance of the equilibrium of the natural environment.

Waste product generation due to daily human living activity is yet another menace disturbing the environment. The amount of waste that is generated on daily basis if not handled properly shall lead to chaos and degradation of quality of lives for the each individual.(#7) India is far behind this aspect in dealing with municipal and other industrial wastes compared to the developed nations, much remains to be done in this domain.


2.20 Global Warming: Global Warming is the increase of Earth's average surface temperature due to effect of greenhouse gases, such as carbon dioxide emissions from burning fossil fuels or from deforestation, which trap heat that would otherwise escape from Earth. This is a type of greenhouse effect. (#1)

Global warming and climate change are terms for the observed century-scale rise in the average temperature of the Earth's climate system and its related effects. Multiple thoughts of scientific evidence show that the climate system is warming. Although the increase of near-surface atmospheric temperature is the measure of global warming often reported in the popular press, most of the additional energy stored in the climate system since 1970 has gone into the oceans. The rest has melted ice and warmed the continents and atmosphere. Many of the observed changes since the 1950s are unprecedented over tens to thousands of years.

Currently, about half of the carbon dioxide released from the burning of fossil fuels remains in the atmosphere. The rest is absorbed by vegetation and the oceans. Climate model projections summarized in the report indicated that during the 21st century the global surface temperature is likely to rise a further 0.3 to 1.7 °C (0.5 to 3.1 °F) for their lowest emissions scenario and 2.6 to 4.8 °C (4.7 to 8.6 °F) for the highest emissions scenario.

Public reactions to global warming and concern about its effects are also increasing. United States of America and China the two large economies have been blamed squarely for much of the global warming and climate change.


2.30. Sustainable Development: This means an integration of development and environmental forces is imperative and development should take place in harmony with environmental considerations. Justifiable development must possess both economic and ecological sustainability. Otherwise it cannot be termed as development but may be a near destruction for impending disaster. It is therefore needed that a development process should be where exploitation of resources, direction of investment, orientation of technology implementation and institutional changes are all in harmony with the environment to maintain its natural order. Sustainable development also implies local control over the resource use, and is the only path for conserving and promoting socio-economic well-being in a rationalistic form.

Sustainable development has therefore formidable interface with environment and human evolution and it can be taken care through the Grundnorm of constitutional provisions and reforms thereof.


2.40. Indian Scenario: There are three fold component of development one in the real estate sector and the others in infrastructure of facilities and industries.

Indian Governmental impetus thus on solar energy, forest protection, river protection and river cleaning are definitely steps towards positive direction in this regard as can be assumed. The situation here in our country is as deplorable as ever and in metro cities like Mumbai, Delhi, Kolkata, Bangalore, Bengaluru, Chennai one cannot take a smooth walk down any street unless encountered by stink and dirt of waste material piled up all over the place. The waste generation in the city of Mumbai has since doubled in last 30 years. (#7) This is because the waste generation has much outweighed the capacity to handle by the respective Municipalities due to the near population explosion, which no one is ready to admit. Today smoking has become safer than to inhale Delhi air for example!

Therefore, Governmental initiatives on Swatchha Bharat Aviyan is laudable and visionary in the wisdom that it intends to control the generation and handling of the human and industrial waste with a sense of rationale.

Government programs of use of Green Buildings, LEED & GRIHA certified buildings are imperative to conserve energy and ensure sustainability.

Green building or sustainable building refers to both a structure and the using of processes that are environmentally responsible and resource-efficient throughout a building's life-cycle: from conception to design, construction, operation, maintenance, renovation, and demolition. A green building is supposed to be the most energy efficient habitats and consumes least energy for its sustenance.

Leadership in Energy and Environmental Design (LEED) is basically a third-party certification program. It is a nationally accepted organization for design, operation and construction of high performance green buildings.

Green Rating for Integrated Habitat Assessment (GRIHA) was conceived by The Energy and Resources Institute (TERI) and developed with Ministry of New and Renewable Energy, is a national rating system for green buildings in India.

GRIHA is an acronym for Green Rating for Integrated Habitat Assessment. GRIHA is a Sanskrit word meaning – ‘Abode’. Human Habitats interact with the environment in various ways. Throughout their life cycles, from construction to operation and then demolition, they consume resources in the form of energy, water, materials, etc. and emit wastes either directly in the form of municipal wastes or indirectly as emissions from electricity generation etc. GRIHA attempts to minimize a building’s resource consumption, waste generation, and overall ecological impact to within certain nationally acceptable limits / benchmarks.

Today Air-Conditioning is a huge source of environmental imbalance. Corporate offices in Japan nowadays do not allow people with suits or jackets as then the requirement to keep the internal temperature becomes lower and higher electricity is consumed and higher heat is released to the atmosphere.



3.0 Environment & The Constitution of India


To protect and improve the environment is a constitutional mandate recognized by our founding fathers. It is the commitment for a socialistic country as ours wedded to the ideas of a welfare State, to provide clean and natural environment to our citizens. The Indian constitution contains specific provisions for environmental protection under the chapters of Fundamental Duties and Directive Principles of State Policy. (#2)

The absence of any specific provision in the Constitution recognising the fundamental right to (clean and wholesome) environment has been set off by judicial activism in the recent times. The Constitution enjoins upon the Court a duty to protect the environment.

When we talk of the environmental protection and its relation to the legal systems in India Advocate MC Mehta’s contribution to the environmental laws through judicial activism is most exemplary.

Constitution of India 1949 and subsequent amendments thereof has the following provisions with respect to environment that can be interpreted to be profoundly connected:-

3.10. Article 14: Equality before law: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.”

The right to equality may also be infringed by government decisions that have an impact on the environment. An arbitrary action must necessary involve a negation of equality, thus urban environmental groups often resort to Art.14 to quash arbitrary municipal permission for construction that are contrary to development regulations, in the interest of the preservation of the environment.

3.11. Article 19(1)(g): “to practice any profession, or to carry on any occupation, trade or business.”

However, it goes naturally with a reasonable restriction that in the interest of public welfare one cannot practice a profession that would lead to damage of the habitation surroundings and environment. Like noise creating pollution around the educational institutions, hospitals, residential areas or silence zone are always challenged through prevailing legal system and mechanism.

3.12. Article 21 Protection of life and personal liberty: “No person shall be deprived of his life or personal liberty except according to procedure established by law.”

Life under the safe and unaltered healthy environment has also been recognized under above provisions of Right to Wholesome Environment.

Judicial Interpretation to Right to Life and Environment: The right to healthy environment has been incorporated, directly or indirectly, into the judgments of the court. Link between environmental quality and the right to life was first addressed by a constitutional bench of the Supreme Court in the Charan Lal Sahu Case. In 1991, the Supreme Court interpreted the right to life guaranteed by Article 21 of the Constitution to include the right to a wholesome environment.

While interpreting Article 21 in Ganga Pollution Case, Justice Singh justified the closure of polluting tanneries observed: "we are conscious that closure of tanneries may bring unemployment, loss of revenue, but life, health and ecology have greater importance to the people."

In Subash Kumar case the Court observed that ‘right to life guaranteed by article 21 includes the right of enjoyment of pollution-free water and air for full enjoyment of life.’ Through this case, the court recognized the right to a wholesome environment as part of the fundamental right to life of the citizens. This case also indicated that the municipalities and a large number of other concerned governmental agencies could no longer rest content with unimplemented measures for the abatement and prevention of pollution. They may be compelled to take positive measures to improve the environment.

This was reaffirmed in M.C. Mehta v. Union of India. Where, the case concerned the deterioration of the world environment and the duty of the state government, under Article 21, to ensure a better quality of environment. The Supreme Court has held that life, public health and ecology have priority over unemployment and loss of revenue. The Supreme Court ordered the Central government to show the steps they have taken to achieve this goal through national policy and to restore the quality of environment.

In Taj Mahal's case (M C Mehta V. Union of India, AIR 1997, SC 734), the Supreme Court issued directions that coal and coke based industries in Taj Trapezium (TTZ) which were damaging Taj should either change over to natural gas or to be relocated outside TTZ.

In the landmark case of M. C. Mehta vs. Union of India 1987 SCR (I) 819 (the Oleum Gas Leak case), the Supreme Court established a new concept of managerial liability – ‘absolute and non-delegable’ – for disasters arising from the storage of or use of hazardous materials from their factories. The enterprise must ensure that no harm results to anyone irrespective of the fact that it was negligent or not. It may be noted that the polluter pays principle evolved out of the rule of ‘absolute liability’ as laid down by the apex court in above Sriram Gas Leak Case.

In Vellore Citizens Welfare Forum vs. Union of India, AIR 1996 SC 2715, the Supreme Court held that industries are vital for the country’s development, but having regard to pollution caused by them, principle of ‘Sustainable Development’ has to be adopted as the balancing concept.

The Supreme Court has laid down that the "Precautionary principle" and the "Polluter Pays Principle" are essential features of "sustainable development". These concepts are currently part of Environment Law of the country.

The "Precautionary Principle" establishes that a lack of information does not justify the absence of management measures. On the contrary, management measures should be established in order to maintain the conservation of the resources. The assumptions and methods used for the determination of the scientific basis of the management should be presented.

Thus, pollution created as a consequence of development must be commensurate with the carrying capacity of our ecosystem.

3.14. Article 47: “Duty of the State to raise the level of nutrition and the standard of living and to improve public health The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health”

3.15. Article 48. Organisation of agriculture and animal husbandry “The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.”

Cows who produce milk which being the one of the few wholesome food need to be protected and conserved for maintaining ecological balance and not to be simply produced as meat for consumption without due consideration just to make India the largest meat producer in the World at the cost of the environment. This provision exists since 1949 without much attention. Population of cows needs to be commensurate with the human population of India to ensure abundant availability of milk and milk products, mainly for consumption of children.

3.16. Article 48A: Protection and improvement of environment and safeguarding of forests and wild life, “The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.”

A global adaption consciousness for the protection of the environment in the seventies prompted the Indian Government to enact this in the 42nd Amendment (1976) to the Constitution.

3.17. Article 51A (g): “to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.” This is a responsibility imposed upon on every citizen in the form of Fundamental Duty.

The above 42nd amendments also introduced certain changes in the Seventh Schedule of the Constitution. ‘Forest’ and ‘Wildlife’ were transferred from the State list to the Concurrent List. This shows the concern of Indian parliamentarians to give priority to environment protection by bringing it out as the national agenda. Although unenforceable by a court, the Directive Principles are increasingly being cited by judges was a complementary to the fundamental rights. In several environmental cases, the courts have been guided by the language of Art. 48A. and interpret it as imposing “an obligation” on the government, including courts, to protect the environment.

In L.K Kollwal V State of Rajasthan, a simple writ petition by citizens of Jaipur compelled the municipal authorities to provide adequate sanitation. The court observes that when every citizen owes a constitutional duty to protect the environment (Art.51A), the citizen must be also entitled to enlist the court’s aid in enforcing that duty against recalcitrant State agencies. The Court gave the administration six month to clean up the entire city, and dismissed the plea of lack of funds and staff.

The Public Trust Doctrine, evolved in M.C. Mehta v. Kamal Nath, states that certain common properties such as rivers, forests, seashores and the air were held by Government in Trusteeship for the free and unimpeded use of the general public. Granting lease to a motel located at the bank of the River Beas would interfere with the natural flow of the water and that the State Government had breached the public trust doctrine.

A matter regarding the vehicular pollution in Delhi city, in the context of Art 47 and 48 of the Constitution came up for consideration in M.C. Mehta vs. Union of India (Vehicular Pollution Case). It was held to be the duty of the Government to see that the air did not become contaminated due to vehicular pollution. The Apex court again confirming the right to healthy environment as a basic human right stated that the right to clean air also stemmed from Art 21 which referred to right to life. This case has served to be a major landmark judgment because of which lead-free petrol supply was introduced in Delhi. There was a complete phasing out old commercial vehicles more than 15 years old as directed by the courts.

The Ganga Water Pollution case: M C Mehta V. Union of India, AIR 1988, SC 1037. The owners of some tanneries near Kanpur were discharging their effluents from their factories in Ganga without setting up primary treatment plants. The Supreme Court held that the financial capacity of the tanneries should be considered as irrelevant while requiring them to establish primary treatment plants. The Court directed to stop the running of these tanneries and also not to let out trade effluents from the tanneries either directly or indirectly into the river Ganga without subjecting the trade effluents to a permanent process by setting up primary treatment. This is in consonance with Article 51A.

This has led to setting up of large numbers of water and effluent treatment plants all across the country and is now a major impetus area of sustainable development.


3.18. Article 246: This provision state:-

(1) Notwithstanding anything in clauses ( 2 ) and ( 3 ), Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule (in this Constitution referred to as the Union List)
(2) Notwithstanding anything in clause ( 3 ), Parliament, and, subject to clause ( 1 ), the Legislature of any State also, have power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule (in this Constitution referred to as the Concurrent List)
(4) Parliament has power to make laws with respect to any matter for any part of the territory of India not included (in a State) notwithstanding that such matter is a matter enumerated in the State List.

Art.246 of the Constitution divides the subject areas of legislation between the Union and the States.

The Union List (List I) includes defense, foreign affairs, atomic energy, intestate transportation, shipping, air trafficking, oilfields, mines and inter-state rivers.

The State List (List II) includes public health and sanitation, agriculture, water supplies, irrigation and drainage, fisheries.

The Concurrent list (List III) (under which both State and the Union can legislate) includes forests, protection of wildlife, mines and minerals and development not covered in the Union List, population control and factories. From an environmental standpoint, the allocation of legislative authority is an important one – some environmental problem such as sanitation and waste disposal, are best tackled at the local level; others, like water pollution and wildlife protection, are better regulated uniform national laws.


3.19. Article 253: Legislation for giving effect to international agreements, “Notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body.”

The Tiwari Committee in 1980 recommended that a new entry on “environmental Protection” be introduced in the concurrent list to enable the centre to legislate on environmental subjects, as there was no direst entry in the 7th seventh enables Parliament to enact comprehensive environment laws. The recommendation, however, dealt to consider parliament’s power under Art.253

To implement the decision taken in the Stockholm Conference, the Parliament enacted the Air Act under Article 253.



3.20 Environmental laws: Based on the constitutional Grundnorm the subsequent environmental laws were framed by our law makers and are currently in operation.

3.21. Environmental protection Act 1986 authorises the central government to protect and improve environmental quality, control and reduce pollution from all sources, and prohibit or restrict the setting and /or operation of any industrial facility on environmental grounds.

3.22. Water prevention & control of pollution Act 1974, authorises central and state authorities to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water, for the establishments operating within its jurisdiction.

3.23. The Air (Prevention And Control Of Pollution Act, 1981) it controls mainly air pollution and its abatement. Also establishes air quality standards. The Central and State Boards set up independently to notify emission standards.

3.24. The objective of Hazardous Waste (Management and Handling) Rules 2008 is to control the generation, collection, treatment, import, storage, and handling of hazardous waste.

3.25. The Indian Forest Act and Amendment, 1984, is one of the many surviving colonial statutes since 1927. It was enacted to ‘consolidate the law related to forest, the transit of forest produce, and the duty leviable on timber and other forest produce’.


3.26. Biomedical waste management & handling rules 1998, It imposes duty to every institution generating bio-medical waste which includes a hospital or allied services, veterinary institution etc., to take all steps to ensure that such waste is handled without any adverse effect to human health and the environment.



3.30. The Bhopal Gas Leak Case

While writing on the topic of environment, if Bhopal Gas Leak case is not mentioned anywhere then the whole effort remains incomplete.

The Bhopal disaster raised complex legal questions about the liability of foreign based parent companies for the acts of their subsidiaries in India, the responsibilities of multinational corporations engaged in hazardous activities, the transfer of hazardous technologies and the applicable principles of liability. Bhopal incident was inspirational factor for the judicial innovation in the area of evolving principles of corporate liability for use of hazardous technology.

On December 3, 1984, highly toxic methyl isocyanides (MIC), which had been manufactured and stored in Union Carbide’s chemical plant in Bhopal, escaped into the atmosphere and killed over 3,500 people and seriously injured about 200,000 people.

High Court Judgment: Justice Seth used English Rules of procedure to create an entitlement to interim compensation (i.e. it is permissible for courts to grant relief of interim payment under the substantive law of torts). Under the English rules, interim relief granted in personal injury cases if a prima facie case is made out. Justice said that “more than prima facie case have been made out” against the Carbide.

He observed that the principle of absolute liability without exceptions laid down in M.C. Mehta case applied more vigorously to the Bhopal suit. He holds that Carbide is financially a viable corporation with $ 6.5 billion unencumbered asset and $200 million encumbered assets plus an insurance which could cover up to $250 million worth of damages. Given carbide’s resources, it is eminently just that it meet a part of its liability by interim compensation amounting to Rs. 2500 Million.

In Union Carbide Corporation (UCC) v Union of India (AIR 1990 SC 273), the Supreme Court secured a compromise between the UCC and Government of India. Under the settlement, UCC agreed to pay US $470 million in full and final settlement of all past, present and future claims arising from the Bhopal disaster. In addition to facilitate the settlement, the Supreme Court exercised its extraordinary jurisdiction and terminated all the civil, criminal and contempt of court proceedings that had arisen out of the Bhopal disaster. It was declared by the court that if the settlement fund is exhausted, the Union of India should make good the deficiency.

Review petition under Art.137 and writ petitions under Art.32 of the Constitution of India were filed questioning the constitutional and under the Bhopal Act and the resultant categorization of the victims was also upheld. It was laid down that there is no need to tie down the tort feasor to future liability.

While determining the Criminal Liability of Carbide Officials, the supreme court reinstated criminal charges for homicide not amounting to murder’ (Sec. 304,Part II, IPC) against top executives at UCC (viz. nine employees and three foreign accused, including Warren Anderson, the CEO) while uploading the rest of the settlement. The CBI in December 1993 finally prepared the documents necessary to extradite Warren Anderson. However, Government of the day failed to retain and try him under Indian Laws and he escaped to USA reportedly under a Quid pro quo agreement, as reported in the press. (#7)



4.0 Conclusion

1972 Stockholm Declaration affirms that "Man has the fundamental right to freedom, equality and adequate conditions of life, in an environment of quality that permits a life of dignity and well-being, and he bears a solemn responsibility to protect and improve the environment for present and future generations." This shows that it has been internationally recognized that man's fundamental rights embraces the need to live in an uncontaminated environment but it also puts forth man's obligation to protect the environment for prosperity.

Industrialisation coupled with Urbanisation and least emphasis on rural economy have skewed the population in the cities compared to the rural populace to a very extreme dimension and the time is ripe to action these trend to reverse them as soon as possible to save the Indian Civilisation.

But population is bound to increase till GOD loses its faith on humanity and in Tagore’s words: “Every child comes with the message that God is not yet discouraged of man.” – Recently Junnaid Matto of National conference of Jammu & Kashmir was blessed with a daughter and he so twitted and in response had to quote Tagore. (#5)

As of today there exist no constitutional provisions on population control measures, although it is well within the comprehension of legislators that it is ‘the issue’ and the same is assuming serious proportions.

Stress is perpetually generating and Men are being drawn away from nature to concrete jungles. Communion with nature on a daily basis is the requirement to enhance energy, creativity and accessing the abundant resource of nature & balancing of self with nature in harmony thus following the first principle of Dharma.


The existence of life on earth depends on the harmonious relationship between ecosystem and environment. Especially homo-sapiens have very close interaction with nature. Human beings are at the centre of concerns for Sustainable Development and World Order that they are entitled to a healthy and productive life in harmony with nature. The urgent need of the hour thus is that it is essentially to be embedded in the consciousness of every individual that Environment and Life are interrelated and there is perpetual exchange amongst us and the rest of the universe. Thus protection of environment is our paramount duty & Dharma.

However, in the quest of misconceived reality of money making, which is becoming sole pursuit in our lives, we all need course correction. Had that been so, then Mohandas Karamchand Gandhi who had left a total assets worth 31 cents US$ (1 US$ = INR 4.79 in 1948) at the time of his death, is the poorest citizen our country can have and yet he rocked the whole World!

So let us resolve not to get diverted and vitiated in our true mission and focus solely on protection of Environment for development and progress of this country in real terms.



#JaiHind


References:

#1. https://en.wikipedia.org/wiki/Global_warming

#2. http://www.legalservicesindia.com/article/article/environmental-laws-and-constitutional-provisions-in-india-1926-1.html

#3. https://www.youtube.com/watch?v=uALCcsvy6VE - watch Deepak Chopra on how to manage stress

#4. https://www.youtube.com/watch?v=sBOTclTLwTs
#5. https://twitter.com/VibrantSoul85/status/769563857215975424
#6. http://www.huffingtonpost.in/entry/10-hindu-environmental-te_b_846245
#7. http://www.dnaindia.com/india/report-rajiv-gandhi-allowed-warren-anderson-to-flee-in-a-quid-pro-quo-pact-with-us-sushma-swaraj-2113884
#8. http://www.hindustantimes.com/mumbai-news/mumbai-doubles-trash-output-in-30-yrs-stretches-disposal-system/story-d910i3Xe6cqBVr1Gprf3NL.html