Supreme Court judge Justice BR Gavai Today (Aug 17th) stressed upon the need to have sustainable development instead of mindless destruction of environment. He said that human greed should not cross a limit that we cease to care for the future generations. In this regard, he highlighted the recent tragedy in Kerala’s Wayanad where over 230 died during in landslides at Mundakkai.
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NEW DELHI: Supreme Court judge Justice BR Gavai emphasized the importance of sustainable development over unchecked environmental degradation during his address at the Commonwealth Legal Education Association (CLEA)’s International Conference on ‘Law and Technology: Sustainable Transport, Tourism, and Technological Innovations’ in Kumarakom, Kerala.
He cautioned against allowing human greed to surpass limits that jeopardize the well-being of future generations, drawing attention to the recent tragedy in Wayanad, Kerala, where over 230 people lost their lives in landslides at Mundakkai.
“Today’s conference and particularly the location where it is being held—Kerala is known to be God’s own country, it is such a beautiful country—particularly in the backdrop of what is a result of human greed which has been noticed in the recent past about 100 kilometers away from here, holding such a conference on sustainable transport, tourism, and technological innovations is very important,”
-Justice Gavai remarked.
He highlighted that the conflict between development and environmental concerns has led to numerous tragedies over the past decade. While acknowledging the necessity of development for progress, Justice Gavai insisted that it should not come at the cost of the environment.
“No doubt that development is necessary for progress, but it cannot be at the cost of the environment. Man has always been said to be greedy, but the greed should not go beyond limits where there is no concern for future generations. Therefore, the concept of sustainable development over the last couple of decades has taken importance,”
-he added.
Justice Gavai also emphasized that while the Indian Constitution mandates the State to protect the environment, citizens also bear a fundamental duty to safeguard nature. He referenced the evolution of environmental jurisprudence in India, particularly the Supreme Court’s decisions in the 1990s regarding public transport in Delhi.
“Taking note of pollution-causing buses in Delhi, in one of the first MC Mehta cases, the Supreme Court issued directions to remove such buses, and the pollution from buses in Delhi has reduced substantially,”
-he stated.
Drawing from his experience leading the Green Bench at the Supreme Court, Justice Gavai discussed the challenges of balancing development with environmental preservation, such as the demands of state governments for dam construction to generate electricity versus concerns about the impact on fragile ecosystems.
He also commented on the role of Artificial Intelligence, eco-tourism, and man-animal conflict, noting-
“Artificial Intelligence certainly plays an important role, but it cannot be a substitute for the human mind. Conflicts with man and the wild have also to be taken into consideration when looking at tourism, eco-tourism. Eco-tourism is an important aspect because in order to protect the environment, the important stakeholder is the resident of the area. Unless he gets a livelihood of environment, tiger reserve, he would have no interest in protecting the environment… these are all complex issues.”
Justice Gavai underscored the need to seriously address the adverse effects of climate change, quoting=
“It has been said development is necessary, but as has been [also] said, anything else you are interested in can’t happen if you can’t breathe the air and drink the water. Don’t sit this time, do something. You are by accident of it alive at an absolutely critical moment in the history of our planet.”
Justice Surya Kant, who also spoke at the event, called for the enactment of new laws to address issues related to sustainable tourism development and transport.
He stressed that the legal framework should ensure not only economic growth but also environmental protection and social equity, stating-
“We need new legislation to address emerging issues.”
Kerala High Court Acting Chief Justice A Muhamed Mustaque echoed these sentiments, using the Wayanad landslides as a stark reminder of the necessity for sustainable development.
He remarked-
“Sustainable development cannot be treated as a mere buzzword. I must thank the organizers for choosing Kumarakom to hold this conference, which is a very apt location. The landslides in Wayanad will remain a grim reminder for all of us as we discuss the topic today.”
Attorney General for India R Venkataramani expressed solidarity with the lives lost in Wayanad and announced that a donation would be made to the Chief Minister’s Disaster Relief Fund.
He noted-
“We are all gathered here as global citizens. We first thought of keeping AI as the topic, but we, the organizers, thought we should keep something more important and real as the topic for this conference.”
Solicitor General of India Tushar Mehta also extended his condolences to those affected by the Wayanad disaster, emphasizing the relevance of the conference’s theme.
“The incident is a reminder to all of us of what happens when we tinker with the environment, climate, and nature. The subject today is very apt,”
-he said.
Mehta further discussed the role of public transport and the judiciary in supporting innovative measures for environmental protection, highlighting the necessity of collaboration among the executive, legislature, and judiciary to implement and uphold sustainable practices.
He pointed out-
“We need a better system of public transport… In some countries, there are days with vehicular curfews. But such measures will require collaboration with the executive, legislature, and judiciary. But will the legislature be able to introduce something experimental and innovative? Even if it is implemented, it will be challenged before the courts, maybe on new grounds like the right to privacy, autonomy, freedom of movement. These are the challenges with which judiciary will have to grapple. All of us have to collaborate to ensure we leave this earth a better place for coming generations.”
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