The balance between environmental protection and the
development activities could only be maintained by strictly following the
principle of “Sustainable development”. The development strategy catered the
needs without negotiating the ability of up coming generations while
“sustainable development” ensures the protection of environment as a guarantee
to the bequeath to the future. Thus, right to clean environment is a guaranteed
fundamental rights and it may be declared as a component of article 21 of the
constitution of India ( M.C. Mehta versus Union of India – 2001(3)SCC-756).
The U.N.
declaration on the rights to development may include the whole spectrum of
civil, religious, culture, economic, political and social process. The
adherences to a sustainable development principal is a sign quo non for the
maintenance of the symbiotic balance. Thus, the concept of intergenerational
equity, public trust doctrine and
precautionary principles are the ingredients of our environmental
jurisprudence.
Large
equality of static water provides fertile breeding grounds for disease –
carrying vectors. The disaster management may be mitigated by taking timely
action within its frameworks.
The Hon’ble
Court been conscious of its constitutional obligation issued effective orders
to ensure the protection of the environment and to provide a check to the
spreading pollution and thereby non compliance of anti-pollution low and the
infringement thereof result in spreading of pollution and thereby degradation
of ecology (Indian Council for
Environ-legal Action versus Union of India in 1996(V)SCC-281).
River
Bhagirathi andBhilangana rise from the glaciers in the Himalayas, which is now
the part of the state of Uttranchal.
The human
rights people and environmental activists have approach to the Hon’ble Court
through Public Interest Litigation to protect the interest of the general
public.
The
upstream environmental and economical impacts are: -
- Soil Erosion,
- Micro-Climatic Changes,
- Loss of Flora and Fauna,
- Changes in Spawning Grounds,
- Land slips, situation and sedimentation,
- The water logging and solirity.
- Impact on aquatic ecosystem.
Our constitutional democracy may enshrine the
concept of welfare states, for which we have to strive or mol to from Vedic
times which is –
“Let all be happy, let all be sin
free, let everyone see good in everything and there should be no suffering
anywhere.”- (Benefit of all and
happiness of all).
In the march of progress the
humblest and weakest should not be left behind. Taking a fish from a river and
putting it to an aquarium, where it may survive but it can never be happy.
Thus, the mere suggestions and
measurements to protect the water of river Ganga from pollution may not have
the desirable result for having the sanctity of river Ganga being protected
amongst those who comes to have a dip at Sangam during Kumbh festival after
taking the bath from outside, as there body secretion of sweat may not pollute river Ganga. Thus, apart from
the threats of series of irreversible damage. We should also endeavor to
protect the rights of conscience, faith and religion, guaranteed under article
25 to these pilgrimage comprising of a segmentation of more than 5 crores of
population visiting Allahabad during Kumbh festival for incarnation of their
sins by their strengthen believe through mere dip, inside the holy water of
Ganga Maata. Thus, the duty to protect and to prevent environmental degradation
is further intensified which shall not be used as a reason for postponing cost
effective measures due to the lack of scientific certainty.
The precautionary principle
requires that the entire efficient be diversified for providing manure to the
agricultural produced by the proper drainage inside their and not even a single
drop of water either polluted by the chemical affinent or through bio-degradable substance and even
the water after treatment thereof may not be allowed to pour inside the holy
river Ganges.
The natural resources are
exploited and the state with all sincerity and good intension is not able to
provide the general common benefit to the people due to social conflicts arise
as a natural adverse consequent , of political ambitions. The conflicts arise
between people living upstream and those living downstream. Thus, when these
conflicts submerges with different ideology prevalent between different social
groups, the poor surviving on natural resources is dependent even to consume the salesh of the effluent class
of people being drainage and poured inside the water of river Ganga which is
deemed as purified water without any contaminations substance by the religious
ruler population of our nation visiting as pilgrimage during Kumbh mela
(Confluences). Thus, in such social conflicts, prier attention has to be paid
for former group which is both financially and politically weak in consonance
with the requirement contained by its provisions in the preamble, fundamental
rights, fundamental duties and directive principle to take care of such
deprived section of people.
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