crops road access or nighttime light detectable by satellite. Half of the world’s surface area is used for crops or grazing;

The impact of both these judgments has been that : all on-going activities must be stopped – without prior approval of the Central Government. There would be complete ban on felling of trees. Feeling of trees in all forests is to remain suspended except in accordance with the working plans of the State Government, as approved by Central Government. Where permit system is in vogue, the Department of Forests or State Forest Corporation alone can cut trees. There shall be complete ban on movement of cut trees and timber from the North Easter States to other parts of the country, either by rail, road or waterways. Workers in the wood-based industries should be paid their usual wages. Ecologically-sensitive area is to be found out and totally excluded from exploitation.

In effect, all State Governments have been prohibited from using forest lands for non-forest purposes without the prior approval of the Central Government in accordance with the Forest Conservation Act, 1980. Through the same order the Court has also stayed all non-forest activities that were being carried out without the prior approval of the Central Government. Resultantly, the power to denotify/dereserve national parks and wild life sanctuaries that vested with the State Governments was transferred to the National Board for Wild Life through and Amendment that came into effect from 2003. By notify of the court’s orders even the National Board for Wild Life cannot exercise this power without the approval of the Supreme Court.

It may also be noted that the National Commission that is set up to review the working of the Constitution of India in its report submitted to the Central Government has recommended the addition of a separate article (30-D) in the Constitution of India which would confer the stature of a fundamental right within the Indian Constitution to the right to save drinking water, clean environment etc.

Thus, even a cursory study of the judgments of the Indian courts especially the Supreme Court would reflect the consistent commitment of the courts towards the protection of the environment. Very often the courts have had to not only lay down the law but also closely monitor its implementation due tot the political compulsions of the Government.  The executive needs to show stronger commitment towards implementation of environment related laws. However, its needs to be appreciated that the efforts of the courts can only achieve marginal success unless there is social, political and economic change in the Government as well as of people towards adhering to a model of sustainable development. Perhaps the solution towards protecting and utilizing nature’s bounty in a sustainable manner lies in an introspection towards the life styles that modern world is increasingly adopting. Concerned citizens of the world must begin by advocating a reduction of materialistic lifestyle based on the philosophy of the developed world, leading a life in harmony with nature, having allow ecological footprint and adopting solutions towards equitable growth and development in a manner that does not harm the environment.

A recent newspaper report source to the AFP news agency quotes an article from the Science Journal brings into sharp focus some mind boggling facts. The report states that as of 1995 only 17% of the worlds land area remains truly wild – with no human populations, crops road access or nighttime light detectable by satellite. Half of the world’s surface area is used for crops or grazing; more than half of all forests have been lost to land conversion; the largest land mammals on several continents have been eliminated; shipping lanes crisscross the oceans. Due to extensive damming, nearly six times as much water is held in artificial storage world wide as is free-flowing. Subtle and not so subtle changes brought about by man upon the environment are evident everywhere. The report states the natural selection has been supplanted by human selection, meaning that certain species – such as companion pets- thrive, while others – such as river trout – have been altered specifically for human consumption often to their detriment. And, thus, altering ecosystems has left many species vulnerable to disturbances and less resilient. Such shrilling fact ought to serve as a constant reminder to us to maintain our commitment to the protection of our environment.

The contribution of the Supreme Court of India in protecting the environment and ecology, forest wild life, etc. has been phenomenal. Despite the limitations of jurisdiction, the Court played a vital role in this regard. More importantly what is needed from an environmental angle is a vision for the future. We have got enough laws to protect the environment, but its implementation is in the hands of administrative authorities. Good governance free from corruption is the basic need to protect the environment. The words of Justice Frankfurter are apt, quoting ” An onerous obligation ……. We owe to posterity…… clean air, clean water, greenery and open space.  They ought to be elevated to the status of birth right of every citizen .”

http://highcourtchd.gov.in/judicial.htm