THE SUPREME COURT AND INTERGENERATIONAL EQUITY IN ENVIRONMENT MATTERS
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Abstract
The concept of ‘Intergenerational Equity’ was first propounded in the UN Conference on Human Environment, 1972 at Stockholm as:
“The natural resources of earth, including air, water, land, flora and fauna and especially representative samples of natural ecosystem must be safeguarded for the benefit of the present and future generation through careful planning or management as appropriate.”
The principle of ‘Intergenerational Equity’ stipulates that the present generation should pass on to future generations enough natural resources and sufficient environmental quality that they can enjoy at least a comparable quality of life and inherit a healthy and sustainable environmental heritage. (Source: A Dictionary of Environment and Conservation)
This principle has been repeatedly reaffirmed and reiterated that parties should protect the climate system for the benefit of the present and future generations through various Declarations/ Agreements : World Commission on Environment and Development 1987, Rio Declaration on Environment and Development 1992, UN Framework Convention on Climate Change 1992 and the Paris Climate Agreement 2015 to name a few.
The concept of Intergenerational Equity was established in the concept of ‘Development’ as Principle 3 in the 1992 Rio Declaration wherein it was interalia declared that the ‘right to development must be fulfilled so as to equitably meet the developmental and environmental needs of the present and future generations.’ It was further reaffirmed in the Vienna Declaration of 1993. The concept of Sustainable Development brings within its ambit the principle of Intergenerational Equity.
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