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SPEECH OF
HON'BLE MR.JUSTICE VIJENDER JAIN, CHIEF JUSTICE PUNJAB AND HARYANA HIGH
COURT ON THE OCCASION OF INAUGURATION OF WORKSHO ON THE LAWS- ENVIRONMENT
AND SUSTAINABLE DEVELOPMENT ON APRIL 28, 2007.
Hon'ble Mr.Justice R.V.Raveendran, Hon'ble Mr.Justice H.S.Bedi, Judges of
the Supreme Court of India, my esteemed colleague Justice MMS Bedi, my
other colleague from Delhi High Court Justice Ravinder Bhatt, and from
Uttrakhand High Court Justice Rajesh Tandon, Shri Hawa Singh Hooda,
Advocate General, Haryana, Shri S.Kumar, President, Law Alliance,
Dr.J.Bischoff, GTZ, Dr.Anmol Rattan Sidhu, President of the High Court Bar
Association, Shri Rajeev Kwatra, Senior DAG, Haryana, Dr.B.C.Gupta, Home
Secretary, Punjab, other office bearers of Bar Association, members of the
Legal fraternity, ladies and gentlemen.
Whem Mr.Kumar approached me for holding this seminar/workshop, I told him
that it is very nice place. People here are interested in understanding
the dimensions and the problem of environmental degradation and
contribution made by the Courts in our Country and I am happy that this
has been made possible by Law Alliance by holding this workshop in this
beautiful city of Chandigarh. I am grateful to Justice Raveendran, Justice
H.S.Bedi, who have spared their valuable time to participate in this
workshop. Members of Bar in Chandigarh are doing whatever positive at
their end for making people aware of problem of environmental degradation
in a big way. The only objection which I have got is to the topic, the
topic is The Laws-Environment and Sustained Development but to my mind,
inspite of Sustained Development, it ought to have been Sustainable
Development. We want sustained development or sustainable development as
these are two different terms. I believe that when India signed the 1972
Stockholm conference on sustainable development, it was with this idea
that those countries who have developed, have reached the level of
development in their economic development process, the parameters and the
guidelines with regard to Environment degradation and preservation of the
environment, cannot mutates mutandis be applicable to the developing
countries because we are still in the process of development. We cannot
apply the principle which hitherto been made applicable in the
international law relating to environment. But please do not misunderstand
me because in India Supreme Court has gone much beyond what has been
universally accepted in Fletcher's case, the doctrine based on Polluters
pay principle. Industry which pollutes can take a plea that Industry never
knew that this activity will result in pollution but Indian Supreme Court
in Oleam Gas leak case made a departure from Fletcher's case and made
applicability of strict liability clause. That means that an Industry
cannot take a plea that they never knew that the activity indulges in by
Industry would result in degradation of environment. That is to say that
knowledge of outcome of the activity is not relevant if such activity has
led to environmental hazards. The Industry cannot escape its liability
under the doctrine of strict liability. Therefore, pertaining to
Sustainable Development, our Courts particularly the Supreme Court has
gone much ahead. The practice adopted by the developed nations pursuant to
Flethcer's case.
What is of great and paramount importance for all of us is that the stake
holders of the Society must understand with concern as to what is
happening in this country. Mr.Kumar has rightly said about the Himalayan
Glaciers- what will happen after 40 or 50 years but what is happening
today almost all the rivers - Satluj Beas and Ravi in Punjab, the amount
of pollution, the amount of toxicant, the amount of industrial
affluent which they are carrying is
unbelievable. Therefore, time has come, if we want to
have this State, this Country free from pollution for healthy environment,
to keep our flaura or fauna free from pollution then it has to be an
enlighten movement either through the forum of law alliance or through
other forums to enlighten our people of the dangers of such pollution by
sustained efforts to awaken them, sensitize them and enforce the relevant
laws regarding environments.
In India, we have got a habit, I clean my house and throw everything in
street, the street may get polluted my house is clean. Is it so ? Is it
really clean ? You go to inspect industrial unit, you will find very
beautiful lawn, nice trees but that industry is discharging affluent,
which is ultimately carried to a choe, river or rivulet. What we are
doing. We have got enforcement agencies, we have got Pollution Board but
in spite of all these organisations and authorities, all this is
happening. Therefore, by these kinds of symposiums, workshops, we can
achieve the desired results of making people aware so as to create a
awakening in them to become active participant in this movement. Of course
the Media is also playing a big role by highlighting these issues.
Now take the example of water. My predecessor speaker was talking about no
water in North Delhi. The other day, I went to Punjab Agriculture
University, they invited me to inaugurate a
Kisan Mela. There the main emphasis was on two themes one was `Environment
Bachao, Punjab Bachao- and the second was Eradication of female foeticide.
70,000 farmers gathered in that Kisan Mela and main topic of discussion
was what our farmers are doing by burning the husk of Paddy or dry leaves
or other organic manure. It creates such hazards pollutes the air. Sowing
of paddy, continuous utilization of ground water, what harm it will cause
for the future generations. They have to understand. We have to undertake
lot of efforts in that regard. How to do it ? How to use ? When to
cultivate ? Which particular month paddy has to be sown, one week before
the monsoon so that minimum water is taken from under ground sources.
Otherwise, we will not leave anything for our future generation. We are
exploiting our resources and leaving nothing for future generation. We
must conserve, we must preserve for our future generation.
In the international context of application of Environmental Law vis-a-vis
the Municipal Laws, I am reminded of a conference in the Carribean.
Concern of the Carribbeans' was that the Japanese Nuclear waste passes
through the pacific via Carribbean countries to the southern America. Now
even carrying the nuclear waste, it deteriorates the life of the citizens
from where it passes on account of radio active
affluent. There was lot of hue and cry. All waste of the developed
world is dumped into the developing countries. That is another area where
our Law, our system and our agencies have to do something.
I am reminded of that last year the Supreme Court interfered in the matter
of a french ship carried hazardous waste and held that everything
toxicants and other waste should not be off loaded on the shores of India.
We have environmental issues and until and unless the stake holders are
involved and there is sensitization, awakening
of the thought process between all the stake holders, it is difficult to
have the environmental degradation stopped. Therefore, I appeal to you,
who have assembled here, to take keen interest because it is not for us
but is for us to see what kind of future we want to give to the coming
generation. There is one paragraph, which I always like to quote from the
book of Alfin Toffler, The Future Shock, because what he wrote 20 years
back is relevant even today.
"Modern scientific and technological
progress is proceeding at a pace which has no parallel in history. Man is
planning of developing colonies on Moon and Mars. It is difficult to
understand whether it is shortage of space on earth which is persuading
him to do so or it is because of his finding difficulty of protecting
against the ill effects of technological, economic and social advances
that he proposes to find recluse somewhere else in the universe other than
the Earth. There is a need for a new dimension of thought process for us
if we have to survive."
Thanking you very much.
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