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4.1 INTRODUCTION
Environmental pollution may be traced back to the evolution of Homo
Sapiens on the earth and it was realized 2500 years ago during the time of
Plato1. In the process of metamorphosis of primitive man into a civilized man,
environment was neglected; importance was given to science and technology,
resulting in environmental pollution. When life of human being on planet
Earth was in the stage of embryo, a stage where he was one with nature, he
had no moral relations or determinate obligations. When human being was
roaming in the forests, he knew neither good nor bad. Human being without
any knowledge of shelter, cooking, speech, and industry, he did not need his
fellow creatures and could have no desire to hurt them. Thus when man was
uncivilized and unpolluted, it was said that nothing was more pure than the
state of nature and nothing was more polluted than man in the state of nature.2
4.2 ENVIRONMENTAL JURISPRUDENCE-ANCIENT AND MEDIEVAL
PERIOD
Hambro, E. The Human environment Stock and After, year book of world
affairs, 1974, 20.
Rouse all, Jean Lalques) Discourse on Arts and Science and Discourse on
Origin of Inequality1750.
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India being rich in its culture and heritage, inherited the values like
tolerance, non-violence, equity, and compassion for animate objects, apart
from this, nature is the common heritage of human beings. To preserve and
protect nature human being must make sincere efforts. Ecological imbalances
and environmental destructions are good examples to say that human being
failed in his duty voluntarily then compulsory action must take over it. It is
this process of human negligence and careless ness dealing with the
environment gave birth to environmental jurisprudence.
Ancient India was the richest county, where in the gold was said to be
sold and the streets. India has been rich not only financially but also
intellectually. The scientific knowledge which now discovered is not new for
India even with least pollution. But now India after invasion by many
foreigners is suffering from poverty which is the main cause for environmental
degradation and is striving for development. Since development and
degradation, progress and pollution, economics and environment go together,
development cannot be stopped, as it is being a natural instinct of man.
Similarly, there is no escape form pollution because human being himself is
the generator of pollution. The examples are the air he respires and emits, the
odor he emits etc. Industry is the other cause for pollution and if industry is
necessary evil then pollution is surest sufferance. The pollution is unsolved
problem which has been termed as slow poison and is as old as
human civilization itself3. But this does not mean that India has no concern for
Krishna Iyer. V.R, The Dialectics and Dynamics of Human Rights in India, 7
1999.
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Manusmruti. During the period of Ashoka the 5th pillar edict lays down that
killing different species of animals and birds which are harmless, which are of
utility and are not eaten. Those animals which are with younger ones and are
giving milk should not be killed and during fast days and full moon days
deforestation must be prohibited. The forests maintain ecological balance; they
are reserve of food, and to sustain cultivation on hilly areas and products of
medicinal plants.
The great emperor Chatrapati Shivaji also ordered not to injure animals
and plants. Plantations were made by the road sides to help travelers to have
rest. He commanded the people to protect forests and preserve the water
resources with out polluting.
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the uniquely activist role of the higher Indian judiciary in promoting this new
rationale. These three elements characterize the manner and approach adopted
in the recent development of Indian environmental jurisprudence. The Indian
environmental jurisprudence proceeds closely in line with legal ideologies
towards creating a human right for a clean environment which has been
frequently voiced in international fora8. After discussing a traditional approach
towards environmental jurisprudence of India there is need for discussion of
Indian environmental jurisprudence regarding early legislations.
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Hinduism
Hinduism is one of the ancient religions on earth. Cosmology began
with Thales in the west and the Vedas in the East. Both the texts declare water
to be the original being of reality. The apah stands for water as it had the
quality to pervade or break through. Fire is considered as the life principle in
the Rigveda and defines as immortal light in mortals8.
According to Hindu religion god and nature are not different aspects,
they are one and the same. The different aspects of nature are worshipped, for
example plants like Tulasi, trees like Peepul, and birds like Garuda and
animals like Lion are worshipped. Thus the nature has direct link with religion
and God.
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The forests are rich source of natural energy and act as balancers of the
ecology and are held by Vana Devata. The trees and plants were worshipped
as they symbolize the various attributes of God. For example Lotus flower
symbolizing Laxmi, Banyan tree attributed to Brahman, Peepal to Vishnu, Fig
is attributed to Rudra. Tree is Vriksha Devata and it is said that Vriksho
Rakshati Rakshitaha. Varaha and Matsya puranas regarded planting trees as a
pious activity and treated one tree is equal to ten sons and those who plant
trees will not go to hell10. Atharva Veda speaks about protection of wild life
and domestic cattle.
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During ancient days there use to be gratitude towards nature, sages use to
pray for recovery of nature, if he has inflicted any injury. In Atharva Veda, it
is chanted that, whatever I dig out form thee let that quickly grow over again,
O God let me not injure that vital heart. This principle is similar to Right to
life with environmental sustainability, thus principle of sustainable
development is not evolved recently, it is established principle from Vedic
times. But man neglected it and more importance is given to economic
development, not after realization, we are re-establishing this principle for
very sustenance of life. Rig, Yajur and Sama Vadas are highlighting
importance of yagna there it helps in purifying atmosphere, purity and quality
of water is highlighted in Atharva veda i.e., why going to punya thirtha is
given importance.
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Jainism
Jain scriptures preach, not to injure, abuse or oppress, enslave, insult,
torment, torture and kill any creature or any living being. Ahimsa is the Jain
way of life and for them environmental harmony through spirituality may be
attained by adhering to 3 precepts, right belief, right conduct and right
knowledge19. Lord Mahaveera says that nothing is so subtler and smaller than
an atom and so vast than space and no quality is more subtle than the quality
of non-violence and no is virtue greater than reverence for life. He profoundly
declares that those who neglect the five elements and vegetation, neglects his
own sustenance20.
Sikhism
People should identify their position in universe and should respect the
creation of god. They believe that the every survival depends on
environment21. According to Holy Scripture of Sikhs, Guru Granth Sahib, the
creation and dissolution of universe occurs from divine command; God is the
source of birth, substance and destruction. Thus for sikhs divinity lies in
nature and to meet their needs without over exploiting the nature.
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Zoroastrianism
This is one of the oldest religions on earth founded by Zorathushtra.
Zoroastrians are more conscious of nature, not only in their words but also in
their thoughts and deeds. They have reverence towards natures gifts i.e., air,
water, earth, fire, animals, plants etc.
Christianity
The Biblical verses in old and new testaments provide that it is the
duty of man to protect nature and Humanity must safeguard or care for the
environment. Christianity prescribes a harmonious relationship between man
and nature22.
Islam
The holy Qurans message is unity, harmony, balance and order
representing the sustainable development. One should not alter the
environment or disrupt the balance. If any such damage is caused to
environment, it is considered as fasad (mischief)23. God is owner and man is
the guardian of all creatures. Allah has created nature, thus destruction of
nature is injury to Allah. A1-Quran reveals that those who damage nature
excessively i.e., destruction of Allah are said to be oppressing them selves.
Islam says that man is replica of universe and is duty of every man is to safe
guard the health of universe.
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Rafig, M. and Muhammad Ajmal, Islam and the Present Ecological crisis,
In O.P.Dwivedi, World Religions, New Delhi: Gitanjali Publishers,1989.
p.119-137.
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Judaism
Jews are more concerned for the environment. The foundation for
Judaism is safeguarding the living creatures. Jews regard humanity as
custodian of the world and warn them not to destroy the world. If done there
will be no one to set it right. The fundamental Jewish principle is to preserve,
protect and safeguard the environment24.
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Rabbi Lawrance Truster, Created in the image of God: Humanity and Divinity in
an age of Environmentalism, conservative Judaism, Vol XLIV, No.1, Fll 1991,
p.17.
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for it. He initiated Swadeshi movement. He believed that Indias back bone is
villages according to him by perishing the very foundation of India we have
been perishing the very survival. Being a great scholar of India according to
ancient environmental prudence, he said, environmental up-gradation was
more on ecological ethics. Comrade Stalin also evaluated that the therapeutics
of ecological ethics is the beginning of antipollution strategy in Gandhis
India26.
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The word 'environment' includes all parts of nature necessary for health
and happiness of man. Nature constitutes the environment or the ecology of
man. Not only the beauty but the very existence of life depends on nature. The
interaction with the components of natural world shaped the evolution of
man30. In nature Homo sapiens are the most crucial element creating new
ecologies31. The human beings differ from all other life forms due to his
intellectual ingenuity. This innate intellectual instinct resulted in progress of
man, the stress on the ecosystem. Though in the initial stages man was a weak
animal often crushed by nature, his instinct of survival made him to over come
his primitive life style32.
Man during his initial stages of life was in harmony with nature and the
stress on environment was less. If at all stress is caused, it is caused by
depositions of human body waste residues, which was known as entopic
stress33 Further, man developed and started exploiting nature for his happy
life leading to exploitative stress. Man desired to acquire materialistic
dimensions to lead a sophisticated life involved many modifications in the
structure of ecosystems leading to disruptive stress.
This is an ultimate exploitation of environment and ecosystem. Further,
modernization and rapid development using energy and resource created
dynamic relationship between man and his surroundings34 Cyret Black defined
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They are:
1.
Climate change- global warming, fossil fuels, sea level rise, effect of
automobile on societies
2.
3.
4.
5.
6.
7.
8.
9.
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ENVIRONMENTAL ETHICS
Human beings are bound by morals in their ways of life. They are
bound to follow these moral propositions and should lead an ethical life.
Ethics is a branch of philosophy that primarily discusses issues dealing with
human behavior and character. Ethics attempts to establish a basis for judging
right from wrong and good from bad. Environmental ethics employs concepts
from the entire field of philosophy, especially aesthetics, metaphysics,
epistemology, philosophy of science, and social and political philosophy.
Aesthetics deals with perceptions of physical properties such as color, sound,
smell, texture, and taste. Since environmental ethics are often involved with
issues dealing with the protection of plants and animals, its appeal is often to
aesthetic experiences of nature.
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Holmes, Roslon II. Environmental Ethics, Duties to and values in the Natural
world, Philadelphia, Temple university press, 1988, p.290.
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4.7 CONCLUSION
The problems of environmental degradation including drought, the
preservation of biodiversity, and climate change, etc., has become common
place to refer to the present era as the age of terror. The world is facing
chronic and unprecedented environmental problems; many of them are of
human origin. Indeed, the problems of adjustment to climate change constitute
a far more severe threat to national and international security than does
terrorism itself. Drought, changing weather patterns, the expected burden of
caring for environmental refugees, the effects of consumerism, and the health
decline associated with various forms of pollution are continuing and major
problems for human beings themselves and raise crucial issues about
environmental justice. At the same time, the continuing destruction of natural
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environments and the widespread loss of both plant and animal species pose
increasing problems for other forms of life on the planet. In facing these
problems, there will likely be great opportunities for co-operation and synergy
between philosophers and both natural and social scientists.
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