NIOS Class 12 Introduction to Law Chapter 25 Sustainable Development

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NIOS Class 12 Introduction to Law Chapter 25 Sustainable Development

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Sustainable Development

Chapter: 25

Module – 7 A: Environmental Law and Sustainable Development

INTEXT QUESTIONS 25.1.1 

1. Define ‘Sustainable Development’ 

Ans: ‘Sustainable Development’ is development that meets the needs of the present without compromising the ability of future generations to meet their own needs. ‘Sustainable Development’ is concerned with the rate of consumption and use of natural resources. The focus is on ensuring that we do not consume the resources at a rate that makes it difficult for us to substitute or replace them.

2. What are the threats to Sustainable Development?

Ans: Threats to sustainable development are:

(i) Increasing human population.

(ii) Over-exploitation of natural resources to meet human needs such as fuel, fodder and shelter.

(iii) Activities like fishing, agriculture, overuse of fresh water, deforestation and industrialisation.

(iv) Land clearing leading to problems such as soil degradation, pollution, loss of biodiversity, deforestation, desertification and climate change. and

(v) Social degradation due to factors like increasing unemployment, health crises, armed conflicts, urbanisation, poverty and income inequality.

INTEXT QUESTIONS 25.1.2 

1. What are the components of ‘Sustainable Development’? 

Ans: The components of sustainability are economy, environment and society

2. Can you tell the name of some targeted areas for ‘Sustainable Development’ in the economy? 

Ans: Some of the targeted areas for economic development are Rural Development, Urban Development and Industry.

3. Which Ministry looks after the health of the people? 

Ans: The Ministry of Health and Family Welfare looks after the health of the people.

4. Give an example of how environmental degradation can be reduced?

Ans: In order to prevent ‘Environmental Degradation’ we can introduce farmers to eco-friendly agricultural practices like crop rotation, natural fertilisers and pesticides.

INTEXT QUESTIONS 25.2.1 

1. What was the main theme of Stockholm Declaration? 

Ans: The ‘Stockholm Declaration’ of 1972 highlights the consequences of unrestrained growth and the linkages between several global problems. 

2. Why was the Commission on Sustainable Development (CSD) established? 

Ans: A ‘Commission on Sustainable Development’ (CSD) was established to follow up the Rio agreements of 1992, and it monitors the agreements of the ‘Earth Summit’ at the local, National, Regional and International levels

3. What does WSSD stand for and what is its agenda?

Ans: ‘WSSD’ stands for ‘World Summit on Sustainable Development’. This was a ten year review in 2002 of the Earth Summit (Rio Summit 1992). The WSSD was held in Johannesburg, South Africa. It urged the Nations to make progress in the formulation and implementation of strategies for ‘Sustainable Development’ and to begin implementing them by 2005.

INTEXT QUESTIONS 25.2.2 

1. What does the term ‘Millennium Development Goals’ mean? 

Ans: In the year 2000, the largest-ever gathering of world leaders agreed to a set of time-bound and measurable goals for combating poverty, hunger, disease, illiteracy, environmental degradation and discrimination against women, to be achieved by 2015. These are called the ‘Millennium Development Goals’.

2. What is the ‘Kyoto Protocol’?

Ans:  The ‘Kyoto Protocol’ entered into force in 2005 and it legally binds developed country to goals for greenhouse gas emission reductions. It also binds developing Countries to establish Clean Development Mechanisms.

3. Under which Protocol did countries agree to phase out hydrochlorofluorocarbons (HCFCs)? 

Ans: It was in 2007 under the ‘Montreal Protocol’, on Substances that Deplete the Ozone Layer, Countries agreed to an accelerated phase-out schedule for hydro chlorofluorocarbons (HCFCs).

4. Where and when did various countries agree to extend the ‘Kyoto Protocol’ that was to end in 2012 to 2020?

Ans:  In 2012, at the United Nations’s ‘Climate Change Conference’ in Doha, Countries agreed to extend the ‘Kyoto Protocol’ that was to end in 2012 to 2020. 

INTEXT QUESTIONS 25.3 

1. What is the need for ‘Sustainable Development’? List any two factors that are important for attaining ‘Sustainable Development’. 

Ans: ‘Sustainable Development’ is needed to preserve the diversity of the eco system. 

Two factors important for attaining sustainable development are: 

(i) Preservation of biological diversity in terrestrial, freshwater and marine systems.

 (ii) Sustainable use of resources and minimising the depletion of resources

2. What is the Agenda of ‘Sustainable Development’.

Ans: The Agenda of ‘Sustainable Development’ is an inclusive growth. That means a pattern of a development that involves all sections of Community– the well off, the poor men and women. Such a pattern of growth is based on the need to preserve the diversity of the eco-system.

INTEXT QUESTIONS 25.4.1 AND 25.4.2 

1. What was the focus in the First phase on Environmental Law in India? 

Ans: The focus in the first phase was to protect the environment. This phase came largely in the wake of ‘Stockholm Conference’ of 1972 which required all signatories to adopt measures to protect the environment. The highlights were constitutional amendments and the enactment of legislations to protect the wildlife and to arrest water and air pollution.

2. Point out the importance of Article 51-A (g)? 

Ans: Through Article-51A (g) protection of the environment was made a Fundamental Duty of all citizens.

3. When did the ‘Bhopal Gas Tragedy’ occur? 

Ans: The Bhopal Gas Disaster happened in 1984.

4. What was the response of the Indian law makers to the ‘Rio Declaration’?

Ans: In response to the ‘Rio Declaration’ that called upon Nations to develop laws regarding liabilities and compensation to victims of pollution and other environmental damages two Acts were formulated the National Environment Tribunal Act, 1995 (Repealed) and the National Environment Appellate Authority Act. These have been subsequently repealed and replaced by the new National Green Tribunal Act of 2010.

INTEXT QUESTIONS 25.4.3 AND 25.4.4 

1. What is the focus of the Indian Laws in the Third Phase? 

Ans: The focus in the Third Phase was on combining economic development with social and environmental issues. Legislations and amendments to the existing legislations were enacted to achieve compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) keeping in mind the principles of the Convention on Biological Diversity (CBD).

2. Explain the main purpose or object of Biological Diversity Act, 2002.

Ans: The Biological Diversity Act, 2002 was framed keeping in mind the Principles of CBD. The legislations are directed towards ensuring the sovereign rights of countries over their genetic and biological resources and the acceptance of the need to share benefits flowing from commercial utilization of biological resources with holders of indigenous knowledge.

3. Under which Act can we prevent misappropriation of indigenous knowledge of communities? 

Ans: The Patents (Amendment) Act of 2005 has a provision to prevent misappropriation of indigenous knowledge of communities by making it nonpatentable.

4. What does the term ‘Rights Based Approach’ mean?

Ans: A ‘Rights Based Approach’ is one in which the focus is on ensuring the rights of all sections of community particularly the marginalised. These include legislations like the Human Rights Act 1993; Right of Children to Free and Compulsory Education Act, 2009 and Commissions for the Protection of Child Rights Act, 2005; The Maintenance and Welfare of Parents and Senior Citizens Act, 2007; The People with Disabilities Act, 1995. This was adopted in the fourth phase.

TERMINAL EXERCISES

1. Explain the concept of ‘Sustainable Development’. 

Ans: ‘Sustainable Development’ is development that meets the needs of the present without compromising the ability of future generations to meet their own needs. ‘Sustainable Development’ is concerned with the rate of consumption and use of natural resources. The focus is on ensuring that we do not consume the resources at a rate that makes it difficult for us to substitute or replace them.

2. What is the ‘Brundtland Report’? How does it define sustainability? 

Ans: After the Stockholm Conference, concerns for the environment continued to grow due to widespread deforestation, industrial pollution and environmental degradation. Problems such as depletion of the ozone layer, global warming and increased carbon dioxide levels further intensified these concerns. It was felt that environmental protection must be linked with industrial development and economic growth.

With this objective, the United Nations established the World Commission on Environment and Development (WCED) in 1983, commonly known as the Brundtland Commission. The Commission submitted its report titled “Our Common Future” in 1987, which is popularly known as the Brundtland Report.

The Brundtland Report defined sustainable development as “development that meets the needs of the present without compromising the ability of future generations to meet their own needs.”

3. Describe ‘Sustainable Development’ through examples highlighting the three components of sustainability. 

Ans: Sustainable Development means development that meets the needs of the present without compromising the ability of future generations to meet their own needs.

The three components of sustainability are:

(i) Economic Sustainability: Ensures economic growth and efficient use of resources.

(ii) Social Sustainability: Promotes equality, education, healthcare, and better quality of life.

(iii) Environmental Sustainability: Conserves natural resources, reduces pollution, and protects biodiversity.

Example: Rainwater harvesting conserves groundwater (environment), supports agriculture (economy), and provides water for communities (society).

4. Identify the causes of ‘Unsustainability’? 

Ans: (i) Increasing human population.

(ii) Overexploitation of natural resources.

(iii) Deforestation.

(iv) Industrialization.

(v) Pollution and climate change.

(vi) Soil degradation.

(vii) Loss of biodiversity.

(viii) Poverty, unemployment, and social inequality.

5. Why do we need ‘Sustainable Development’? 

Ans: Sustainable Development is needed to maintain a balance between economic growth, social welfare, and environmental protection. It ensures that the needs of the present are fulfilled without affecting the ability of future generations to meet their own needs.

(i) To conserve natural resources for future generations.

(ii) To protect biodiversity and ecosystems.

(iii) To reduce pollution and environmental degradation.

(iv) To improve the quality of life.

(v) To promote social equality and economic development.

(vi) To ensure balanced and inclusive growth.

(vii) To maintain ecological balance.

6. What is the importance of institutional mechanisms in achieving ‘Sustainability’? Explain with the help of an example. 

Ans: Institutional mechanisms ensure coordinated implementation of sustainable development policies through government ministries and departments. They promote balanced economic, social, and environmental development.

Example: The Ministry of Environment, Forest and Climate Change implements environmental protection laws and promotes conservation of forests and biodiversity.

7. Discuss the importance of the ‘Stockholm Declaration’ highlighting its main features? 

Ans: (i) Adopted at the United Nations Conference on Human Environment in 1972.

(ii) Theme: “Only One Earth.”

(iii) First global declaration on environmental protection.

(iv) Adopted over 100 recommendations for environmental management.

(v) Encouraged countries to enact environmental protection laws.

(vi) Highlighted the relationship between development and the environment.

(vii) Laid the foundation for the concept of Sustainable Development.

8. Enumerate the main features of the ‘Rio Declaration- Agenda 21’. 

Ans: (i) Adopted at the Earth Summit held in Rio de Janeiro in 1992.

(ii) Gave equal importance to the environment, economy, and society.

(iii) Emphasized the needs of future generations.

(iv) Promoted global cooperation and political commitment.

(v) Encouraged participation of NGOs and local communities.

(vi) Provided a blueprint (Agenda 21) for Sustainable Development.

(vii) Established the Commission on Sustainable Development (CSD) to monitor implementation.

9. Discuss the significance of the ‘World Summit on Sustainable Development (WSSD)’.

Ans: (i) Held in Johannesburg, South Africa, in 2002.

(ii) Reviewed progress made after the Rio Summit.

(iii) Strengthened global commitment to Sustainable Development.

(iv) Urged countries to prepare and implement Sustainable Development strategies.

(v) Promoted poverty reduction and social development.

(vi) Encouraged international cooperation for environmental protection.

10. Discuss the important features of the First Phase of Indian environmental laws. 

Ans: (i) Covered the period 1972–1983.

(ii) Main focus was environmental protection.

(iii) 42nd Constitutional Amendment (1976) introduced Article 48A and Article 51A(g).

(iv) Enactment of the Wildlife (Protection) Act, 1972.

(v) Enactment of the Water (Prevention and Control of Pollution) Act, 1974.

(vi) Enactment of the Forest (Conservation) Act, 1980.

(vii) Enactment of the Air (Prevention and Control of Pollution) Act, 1981.

(viii) Strengthened constitutional protection for forests, wildlife, and the environment.

11. Show the impact of the ‘Bhopal Gas Tragedy’ on the formation of laws on the environment enacted in the second phase from 1984- 1997. 

Ans: The Bhopal Gas Tragedy (1984) highlighted the need for stricter environmental laws and industrial safety.

Its major impacts were:

(i) Enactment of the Environment (Protection) Act, 1986.

(ii) Amendment of the Air (Prevention and Control of Pollution) Act in 1987.

(iii) Enactment of the Public Liability Insurance Act, 1991.

(iv) Introduction of the Environmental Impact Assessment (EIA) Notification, 1994.

(v) Establishment of environmental tribunals for compensation and justice.

(vi) Adoption of the Polluter Pays Principle and greater judicial activism in environmental protection.

12. What are the significant features of the Third and Fourth Phases of Indian Environmental Laws?

Ans: Third Phase (1998–2004):

(i) Focused on balancing economic development with environmental protection.

(ii) Enactment of the Biological Diversity Act, 2002.

(iii) Enactment of the Energy Conservation Act, 2001.

(iv) Enactment of the Electricity Act, 2003.

(v) Framed rules for waste management, plastics, batteries, ozone-depleting substances, and noise pollution.

(vi) Establishment of CAMPA (Compensatory Afforestation Management and Planning Agency) in 2004.

Fourth Phase (2005 onwards):

(i) Adopted a rights-based approach to Sustainable Development.

(ii) Enactment of the Forest Rights Act, 2006.

(iii) Issued the Environment Impact Assessment Notification, 2006.

(iv) Notified the Hazardous Waste Rules, 2008.

(v) Introduced the E-Waste (Management and Handling) Rules, 2011.

(vi) Enactment of the National Green Tribunal (NGT) Act, 2010 for speedy disposal of environmental cases.

(vii) Strengthened public participation and environmental justice.