The Court spells the way in Himalaya’s development
- Despite the importance of the Indian Himalayan Region (IHR) there has always been dissonance between the special development needs and the development model being pursued in the IHR.
- The Supreme Court of India, through its recent judgments, seem to be headed towards a more robust rights-based regime where sustainable development would be a fundamental right.
- In State of Telangana and Others vs Mohd. Abdul Qasim (Died) Per Lrs, the Court had said that the need of the hour is to adopt an ecocentric view of the environment, where nature is at the core.
Current Development Model
- The current development model being pursued in the IHR is in total contravention of this approach.
- Bumper crop of hydroelectric power stations without any care for the rights of these rivers and streams.
- Reckless widening of existing hill roads to four lanes in the name of development
- A post-disaster need assessment report by the National Disaster Management Authority on the floods in 2023 in Himachal Pradesh identified, unsurprisingly, rampant construction in violation of norms, regulations and even court orders in many cases
- The Teesta dam breach in Sikkim and the monsoon floods and landslides in Himachal Pradesh both events in 2023 are a stark reminder of the havoc our development model is causing to the environment in the mountains.
Rights
- In another matter of public interest litigation (PIL) titled Ashok Kumar Raghav vs Union of India and Ors.
- The Supreme Court asked the central government and the petitioner to suggest a way forward so as to enable the Court to pass directions on the carrying capacity of the Himalayan States and towns.
- The Court is not only cognisant but also committed to the conservation of species and has underscored the importance of taking proactive measures “not reactive” to protect the Great Indian Bustard.
- In the case of the Great Indian Bustard, the Court has recognised the right of the people of this country to be free from the adverse impacts of climate change.
- The Court modified the previous order where a blanket ban was imposed on a very large area despite the report of the Wildlife Institute of India
- The Court has explained in the judgement the non-viability of underground power transmission lines.
- In fact, the Court has explained in detail, with examples of many international and national obligations, to explain the intersectionality between the fundamental rights and human rights
- The top court also stated without a clean environment which is stable and unimpacted by the vagaries of climate change, the right to life is not fully realised.
Sustainability
- It is a given that unless infrastructure is sustainable and dependable, it cannot become the foundation for people’s pursuit of their developmental goals.
- Sustainability of infrastructure necessarily means that it is resilient to the adverse impacts of climate change and consequent disasters.
- This is essential to ensure equality, equity and equal access to people, to various opportunities all across the country as is the mandate of Articles 14 and 21 of the Constitution.
- Disasters are also known to amplify social inequality as the poor are the worst hit and the most inadequately equipped to deal with the consequences.
- To pursue a path of sustainable development can also be said to be a fundamental right, as a natural corollary or an integral part or a sub-set of the right to be free from the adverse impacts of climate change.
Way Forward
- The interconnection between disasters and unregulated development has become increasingly pronounced and visible.
- The only way forward is for disaster management to be incorporated in development planning, both from a perspective of prevention and resilience.
- Our actions in the name of development, in total disregard of nature in most cases, is to be blamed for these unnatural disasters resulting from natural hazards.
- The development plans, policies and laws that underpin them too play a pivotal role in the making of these disasters.
- There is an urgent need for planning stage convergence of different authorities so that when there is a plan for any development, all concerns about disaster and climate resilience are also factored in
- We also need science, policy and action to be in conformity with each other, in an integrated approach with the involvement of all including policymakers, planners, the scientific fraternity and communities.