EVOLUTION OF DIFFERENTIATED VIEWS ON THE RIGHTS OF HUMANS AND OTHER LIVING CREATURES AND THE IMPLICATIONS FOR ENVIRONMENTAL JURISPRUDENCE

Abstract

Urbanization, industrialization, and the pressure from escalating population have overburdened our resource-base and ecosystems. It is not surprising that the concurrent degradation of ecology and environment in urban and peri-urban regions witnessed in India in the recent times has resulted in rather worrisome condition of the forests, rivers, lakes, desertification, pollution of soils and aquifers, ambient air quality and many such irreversible impacts including the loss of bio-diversity, ozone hole and global climate change. In this context, the dynamics between science and technology for practicing the so-called preventive environmental management, instituting cleaner and sustainable alternatives in “smart cities and villages”, promoting industries to invest in cleaner technologies and waste minimization, practicing recycling and reuse of water, solvents, metals, glass, paper and wastes generated by industries need to be brought under the ambit of “circular economy”. India has been the signatory for the so-called “Millennium Development Goals” – which emphasize the just and equitable development in the World – being implemented during 1st January 2001 and 31st December, 2015 under the umbrella of the United Nations. It is recognized worldwide now that the commitment to “sustainable development” can only be implemented through the administrative law and executive procedures as well as by involving the civil society, non-governmental organizations (NGOs) and community-based organizations (CBOs) in supervisory and watch-dog capacity. The flip-side of the above argument is also argued in this paper. This research examines the proposition that unless the Governments and civil society share the responsibility of balancing the rights of all citizens and the rights of other living creatures; a long-term path to evolving the just and happy communities will remain an unfulfilled prophecy. In this context, it is hypothesised in this study that the mission of creating a just and democratic nation envisaged in India’s Constitution can be fulfilled only when the Government of India, the State Governments and civil society share the responsibility of balancing the rights of all citizens and the rights of other living creatures. Accordingly, based on the above hypothesis, the following specific objectives have been articulated for this study: 1. To critically study, understand, and assess the notion of “rights” adopted by the Constitutions of India, Europe and USA, 2. To critically study, understand, and assess the notion of “rights of the other living creatures, ecosystems and habitats” adopted by the Constitutions of India, Europe and USA, 3. To critically examine the constitutional basis for preservation of biodiversity; and 4. To critically examine the “environment verses development” debate in the context newly developed concepts of “Pre-Habilitation” and “Compensatory Pre-Afforestation” for achieving a balance between development and environment. In this research, efforts have been made to identify and highlight those case examples and case studies, nationally as well as internationally, that can potentially become the role models for fashioning India’s Rights-based approach in law and public policy in favour of strengthening the Constitutional rights of those who are the silent sufferers of rights being exploited by humans.