Broadly speaking: CITIZEN DUTY TOWARDS ENVIRONMENT WITH RESPECT TO STOCKHOLM CONFERENCE

Profile of the author: This article is authored by Sushmita Choudhary, a student pursuing BBA LLB from Bharati Vidyapeeth University, New Law College, Pune.

INTRODUCTION

The United Nations conducted the first-ever conference focusing on environmental issues at an international level in 1972 in Stockholm, Sweden which is officially known as the Stockholm Conference. [1] It took place from 5th to 16th June 1972. The conference was held to gain an elementary outlook on how to address the challenges of enhancing and conserving the environment for a better tomorrow. The Stockholm Conference was attended by 114 Government delegations including India. 26 principles were broadly laid down in this conference to recognize the human impact on the environment along with an action plan containing 109 recommendations.

POST STOCKHOLM CONFERENCE

The Stockholm Declaration on the Human Environment 1972 had a significant impact on Indian Environment Law.[2] The Stockholm Declaration is also known as the Magna Carta of Environmental Law. Consequent to the conference, India enacted the Wildlife Act, 1972, the Air Act, 1976, the Air Act, 1981, along with various policies and notifications. Within five years of the Stockholm Declaration, the Government of India enacted the 42nd amendment in the Constitution by which Article 48A and Article 51A(g) were incorporated. Article 48A falls under Part IV ‘Directive Principle of State Policy’ and according to this Article, the states are under the ‘active obligation’ to endeavor to protect and improve the environment. Article 51A(g) is a fundamental duty according to which the citizens have the duty to protect and improve the environment.

ARTICLE 253 [3]

Article 253 of the Constitution states that “Parliament has the power to make any law for the whole or any part of the country for implementing any treaty, agreement or convention with any other country”.

So, by the power vested in Parliament by this Article, it can make any law relating to the preservation of the natural environment in compliance with the Stockholm Declaration. [4] Laws such as the Environment Protection Act and Air Act were enacted to implement the decisions of the Stockholm Conference.

ARTICLE 51A(g) [5]

Article 51A(g) was added to the Indian Constitution by the 42nd Amendment Act which made it a fundamental duty of citizens to protect and improve the natural environment including forests, lakes, rivers, wildlife, and to have compassion for living creatures. Since then, the parliament has worked to ensure the manifestation of the objects stipulated in Article 48A of the Constitution.

RURAL LITIGATION AND ENTITLEMENT KENDRA V. STATE OF UTTAR PRADESH [6]

In the Mussoorie region of Dehradun, the activity of quarrying was being carried out where limestone was extracted by blasting out the hills with dynamite (an explosive). Deep digging of mines into the hillsides caused the collapse and slumping. As there wasn’t much vegetation, many landslides occurred killing villagers and destroying their homes along with cattle and agricultural lands. A PIL was filed by an NGO named Rural Litigation and Entitlement Kendra. Justice R.N. Mishra opined that “preservation of the environment and keeping the ecological balance unaffected is a task which not only the government but also every citizen must undertake. It is a social obligation and let us remind every Indian citizen that is his fundamental duty as enshrined in Article 51A(g) of the constitution”.[7]

THE STATE OF W.B. & ORS. V. SUJIT KUMAR RANA [8]

In this case, Articles 51A(g) and 48A were read together by the Court. The Court expressed that these provisions have to be kept in mind while interpreting statutory provisions.

T.N. GODAVARMAN THIRUMALPAD V. UNION OF INDA & ORS. [9]

A three-judge bench of the Hon’ble Supreme Court read Article 51A and Article 48A of the Constitution together and held that “Today, the State and the citizens are under a fundamental obligation to protect and improve the environment, including forests, lakes, rivers, wildlife and to have compassion for living creatures”. [10]

CONCLUSION

The Stockholm Conference created history as it is the first document in international environmental law to recognize the right to a healthy environment. The Stockholm Conference also laid the foundation for the United Nations Conference on Environment and Development (UNCED), commonly called the Earth Summit. Connecting citizens’ duty and the environment is a valuable link that lies between human rights and the environment. Human beings can live a sustainable life in an environment that permits good living conditions.

Disclaimer: This article is an original submission of the Author. Niti Manthan does not hold any liability arising out of this article. Kindly refer to our Terms of use or write to us in case of any concerns.

FAQ

Q1. Is the Stockholm Declaration legally binding?

A1. No, the Stockholm Declaration is not legally binding.

References

[1] Stockholm Declaration on the Human Environment, in Report of the United Nations Conference on the Human Environment, UN Doc A/CONF.48/14, at 2 and Corr.1 (1972).

[2] Indian Bar Association, Constitutional Provisions for the Protection of Environment with Relevant Case Laws, <https://www.indianbarassociation.org/wp-content/uploads/2013/02/environmental-law-article.pdf> accessed in August 2020.

[3] Article 253 of the Constitution of India.

[4] Hemant More, Fundamental Duties and Environmental Protection, The Fact Factor (June 29, 2020) <https://thefactfactor.com/facts/law/civil_law/environmental_laws/duties-of-citizen-towards-environmental-protection/1672/> accessed in August 2020.

[5] Article 51A of the Constitution of India.

[6] Rural Litigation and Entitlement Kendra and Others v. State of Uttar Pradesh and Others, AIR 1987 SC 359.

[7] Ibid.

[8] State of West Bengal & Ors. v. Sujit Kumar Rana: MANU/SC/0049/2004: (2004) 4 SCC 129.

[9] Godavarman v. Thirumal Pad, Tamil Nadu, 2002 (10) SCC 606

[10] Ibid.