Sustainable development
The three principles Indian courts use in almost every environmental case, and where each one came from.
Arts. 21, 48A, 51A(g) · NGT Act s. 20 · 4 casesReleased week of 28 Sep1. Development that lasts
Sustainable development means meeting today's needs without taking away the ability of future generations to meet theirs, the definition popularised by the Brundtland Report (1987). It does not forbid development. It asks courts to balance growth against the environment on which growth depends.
In Vellore Citizens' Welfare Forum v Union of India tanneries in Tamil Nadu were discharging untreated effluent into the Palar river. The Supreme Court held that sustainable development is part of the law of the land, read into the right to life under Article 21.
2. The precautionary principle
Vellore set out what precaution requires of the state and of polluters:
Vellore also put the burden on the developer or industry to show that its activity is environmentally benign. A.P. Pollution Control Board v M.V. Nayudu added that where the science is uncertain, courts may refer technical questions to expert bodies. Under precaution, the burden of proof sits on the one who wants to change the status quo.