WHAT IS ENVIRONMENTAL LAW?
1. The Concept of ‘Law’
2. The Concept of ‘environment’
See:
Pamela T. Sambo, A Conceptual Analysis of Environmental Justice Approaches:
Procedural Environmental Justice in the EIA Process in South Africa and Zambia,
available at:
https://www.research.manchester.ac.uk/portal/files/54523801/FULL_TEXT.PD
F
See the definition of ‘environment’ from Zambian and South African
perspectives pages 67-69. What is eco-centric and anthropocentric? (see
discussion at the end of the notes)
Marie-Louise Larsson, Legal Definitions of the Environment and of
Environmental Damage (article posted on platform), defines ‘environment as,
“in its broadest sense, environment is defined as including water, air, soil, flora
and fauna.”
In the 1972 Stockholm Declaration also, “especially representative samples of
natural ecosystems” are included in the definition.”
The term “environment” could be said to cover:
…all those elements which in their complex inter-relationships form the
framework, setting and living conditions for mankind, by their very
existence or by virtue of their impact.
Another suggestion is taken from the New Zealand Environment Act of 1986,
where the environment is defined as including:
a) ecosystems and their constituent parts;
b) all natural and physical resources;
c) the social, economic, aesthetic and cultural conditions which affect the
environment or which are affected by changes to the environment.
According to other authors, see definition of environment:
Environment means indoor air, ambient air, surface water, groundwater,
drinking water, land surface, subsurface strata, and natural resources such as
wetlands, flora and fauna.
Environment means soil, land surface or subsurface strata, surface waters
(including navigable waters, ocean waters, streams, ponds, drainage basins, and
wetlands), groundwaters, drinking water supply, stream sediments, ambient air
(including indoor air), plant and animal life, and any other environmental
medium or natural resource.
Environment means ambient and indoor air, surface water and groundwater
(including potable water, navigable water and wetlands), the land surface or
subsurface strata, natural resources such as flora and fauna, the workplace or
as otherwise defined in any environmental law.
3. Anthropocentric v. Eco-centric Approach to Environmental Law
INTRODUCTION
Anthropocentrism, in its original connotation in environmental ethics, is the
belief that value is human-centred and that all other beings are means to human
ends. Environment law can be looked upon from two perspectives-
anthropocentric and ecocentric, The former is essentially human-centric, while
the latter is nature-centric. The former gives prime importance to mankind,
while the latter gives equal importance to all the components of nature. It is this
difference in view, that this article aims to study.
This article also aims at studying different aspects of these approaches and also
the changing trends, especially in India. Drawing from these sources it attempts
concluding which approach is better suited.
ENVIRONMENTAL ETHICS
This is a branch of study which deals with the relationship that humankind
shares with the environment. The subject matter of this field comprises the
different constituents of nature and their dealings with one another. Humans
and other organisms are treated as a part of nature and are expected to live
harmoniously with one another. The peaceful co-existence of these species is
possible only if each of these species respects the rights of the other.
There are majorly two branches of thought in this respect. One is of the view
that nature primarily exists for humans. Humans have intrinsic value, however,
all other species acquire value only when they are successfully utilized by
humans for fulfilling their personal needs. This concept is called
Anthropocentrism.
Contrary to the Anthropocentric approach is the eco-centric approach. This
concept is based on a nature-centric value system. It believes that human
species is a mere component of the ecosystem. The former exists as a
constituent of the latter and hence exists at the behest of the latter. Humans
have a responsibility to protect and preserve the environment and exist in
harmony with the other elements of nature.
These concepts have been explained in detail in the following subtopics.
ANTHROPOCENTRIC APPROACH TO ENVIRONMENTAL LAW
Anthropocentrism is a branch of philosophy and jurisprudence that treats man
as the most important being in the world. Everything that exists in this world,
has the prime purpose to serve humankind. Nature exists for the welfare of
humankind and humans are supposed to be above all of nature’s organisms.
Various stories are related to the inception of anthropocentrism. One of the
most famous ones is written in the Judeo Christian Bible. According to this story,
human beings represent the image of God on earth and are supposed to subdue
all other forms of nature, for fulfilling their own needs.
This text has often been interpreted to establish the superiority of humans over
all living creatures on this planet. Value is accredited to nature only when it is
utilised for the benefit of mankind. This implies that nature exists instrumentally
to serve mankind.
Jurists with an anthropocentric approach never admit that an increase in the
population of humans or any human activity is the reason for the depletion of
natural resources. Therefore, they feel that there is no need for any legal
measures to curb environmental exploitation by humans.
CORNUCOPIAN APPROACH
Cornucopians are those people who simply deny environmental exploitation, or
are of the view that this can be curbed following a very simple approach of
technology or the free market. These people have an anthropocentric view of
the environment. They reject the idea that there is any need to protect the finite
resources of Earth. In fact, they question the very existence of the idea that
Earth has finite resources.
It has also been noted that Cornucopians have a liberalist point of view, that is,
they are in favour of capitalism. According to the adoption of a free market, the
economy is imperative for human progress and empowerment. Thus, human
growth for them is of prime importance.
These thinkers are of the view that the continuously increasing demand for
material resources can be met only if it is met with technological advancements
of similar vigour. This is a futurist approach to philosophy which believes that
there are sufficient resources on this planet for everyone, which can be
exploited unconditionally for human utilization.
ECO CENTRIC APPROACH TO ENVIRONMENTAL LAW
Ecocentrism is a branch of thought that finds intrinsic value in all living
organisms. It takes a holistic view of the Earth, as opposed to the narrower
approach adopted by anthropocentrism.
Ecocentrism has a larger view than even biocentrism and zoocentrism.
Biocentrism sees intrinsic value in all living beings, on the other hand,
Ecocentrism in addition to this gives due weightage to abiotic aspects and
perceives environmental systems as wholes. Similarly, Zoocentrism sees
intrinsic value in animals only.
THE INDIAN APPROACH TO ECOCENTRISM
The Indian judiciary earlier was inclined towards anthropocentrism. But
gradually, it has shifted more towards ecocentrism. This aspect would be dealt
with later in this article. Coming to the ancient approach towards the
environment, let’s take a look at the Upanishads.
Isa Upanishad elaborates on the ancient Indian roots of ecocentrism. It clearly
says that all the living and non-living organisms in this universe belong to God
alone. There should be harmony between different species with no one above
the other. Human beings, in the same manner, are not superior to any species.
Therefore, neither humans nor any other species have a legitimate right to
encroach upon the rights of any other species.
This philosophy has been treated as the base for many important international
conventions and treaties, like Convention for Conservation of Antarctic Living
Resources, 1980, The Berne-Convention on Conservation of European Wildlife
and Natural Habitats,1982, The Protocol to Antarctic Treaty on Environmental
Protection, 1998, etc. India is a signatory to all these treaties and hence respects
them. These treaties give importance to different species of flora and fauna for
their intrinsic value.
INDIAN JUDICIARY: FROM ANTHROPOCENTRISM TO ECOCENTRISM
It is evident that in the changing times’ ecocentric approach has gained more
support. Various reasons can be ascribed to the same. The foremost being, the
knowledge that the preservation of flora and fauna is the only key to the
preservation of mankind. Practically speaking, without the former the latter
cannot exist.
Secondly, it has been realised that the legislations that protect flora and fauna
are to a large extent generic in nature. Some species are on the verge of
extinction, as due to their increasing demand, they have been overused. Hence,
these specific species require specific attention. Let us take a look at the
changing trends in the Indian Judiciary.
The judiciary of India, like that of most other countries, was initially more
inclined towards Anthropocentrism than Ecocentrism. Following are the
landmark cases which explain this point-
INITIAL INCLINATION TOWARDS ANTHROPOCENTRISM
The earliest international declarations on environment protection, like the
Stockholm Declaration of 1972, the Rio Declaration of 1992, Johannesburg
Declaration of 2002, etc. were essentially anthropocentric. Take, for example,
the definition of sustainable development as given by the Brundtland
Commission Report Of 1987. It was defined as the fulfilment of the needs of the
present generation without compromising the ability of future generations to
fulfil their needs. This definition gives prime importance to the fulfilment of the
needs of human civilization for achieving sustainable development. The rights
of other species find no place in this definition.
Initially, the reasonings of these conventions were adopted by Indian judges to
give their judgments. Some important cases propagating this view are:
M.C. Mehta v. Kamal Nath, 1977
In this case of reliance was made on the Brundtland Commission Report and
Stockholm Declaration, 1972 and it was pronounced that sustainable
development and polluter pays principle are a part of the Indian environmental
jurisprudence. These concepts are heavily anthropocentric.
Vellore Citizens Welfare Forum v. Union of India, 1996
In this case, it was observed that the above-mentioned principles can be invoked
only when it is proved that they cause harm to humans. Additionally, the
concept of intergenerational equity, that is environmental exploitation of nature
should be equitably divided between the present and future generations.
This approach was reiterated in various other cases as well, till a change was
brought about by the Indian judiciary in its jurisprudence.
Indian judicial system adopts ecocentrism.
The Indian judiciary has over time made a radical shift to ecocentrism from
anthropocentrism. This noted change has been made from the following
landmark judgments:
T.N. Godavarman Thirumulpad case of 2012
In the case of T.N. Godavarman Thirumulpad, the animal in question was Asiatic
wild Buffalo, which are found exclusively in the western and easter ghats of
India. The court while explaining the ecocentric approach, elaborated on the
necessity of application of the same.
Godavarman Thirumulpad v. Union of India, 2012
The subject matter of Godavarman Thirumulpad v. Union of India was the
preservation of the endangered species of ‘Red Sandalwood’, which is found in
Andhra Pradesh. In this case, like the previous one, the court elaborated on the
importance of an ecocentric approach.
Centre for Environment Law, WWFI v. Union of India, 2013
In Centre for Environment Law, WWFI v. Union of India, the court initiated the
judgment with the application of the ecocentric principle. The court threw light
on the intrinsic value of all living beings, although the case was filed for saving
the Asiatic wild lion. This judgment was rooted in ecocentric principles because
it gave importance to all species of animals, especially those who were
endangered, irrespective of the fact that they were instrumental for human
survival or not. Basing its judgment on the reports of experts, the court held that
Asiatic white lions constitute an endangered species. Keeping this into
consideration, the construction of a second home for them to ensure their
survival becomes necessary.
In addition to this, the court recommended separate legislation to be made by
the parliament of India for the protection and perseverance of endangered
species. It also ordered the preservation of Asiatic wild lions of the Gir forest
located in Gujarat. Directions were also issued for the protection of other
endangered species. This would be based on a nature-centric and life centric
approach, rather than a human-centric approach. The “Species Best Standard”
was to be applied from then on.
Clarifications regarding the Wildlife Protection Act, 1972 were made. It was
clarified that wildlife comprises all types of flora and fauna, be it wild or
domesticated. It was also highlighted that all possible efforts should be made to
implement this act in letter and spirit. It was also issued that all acts and schemes
that would be made by the Indian government should be ecocentric rather than
anthropocentric.
It was also noted that “Scientific reasoning” has to surpass any other factor
when it comes to reallocation or any other welfare scheme for these
endangered species.
These cases are considered as milestones because these cases denote a major
change in the Indian environmental jurisprudence. Now, the Indian judiciary
gave importance to the intrinsic value of all living organisms like humans as vital
components of nature. Thus, establishing ecocentrism in India.
WHICH IS THE BETTER APPROACH
By now, both anthropocentric and ecocentric approaches to the environment
would be clear to you. This article elaborates on the subject matter of both of
these approaches and also the notable shift from anthropocentrism to
ecocentrism. This marked shift is indicative of the factor that a change was
imperative. The human-centric approach which forms the core of
anthropocentrism is essentially flawed. All-natural organisms are supposed to
exist in harmonious coexistence. It is, according to me, completely against the
laws of nature to propagate to the superior nature of man. If anything, man has
the most developed brain out of all the species and hence has a responsibility
to protect and preserve nature and all of its components. Therefore, by all
means, an ecocentric approach is better than an anthropocentric approach.
CONCLUSION
Every school of thought, be it sciences or social sciences, evolves and enriches
itself with time. It can be concluded that this shift from anthropocentric to
ecocentric approach is an important milestone in the evolution of
environmental law and environment ethics. The ecocentric approach aligns with
the laws of nature and hence is bound to thrive over the anthropocentric
approach.
It is the responsibility of mankind to protect and preserve nature, especially in
times of increasing environmental depletion. Therefore, instead of treating
oneself as superior and selfishly exploiting natural resources, we should put in
our efforts to serve the environment.
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