Introduction
The right to a healthy environment and the right to development are recognized as third-generation rights as per Karel Vasak’s classification of human rights. Unlike civil and political rights, which are primarily enforceable at the individual level, the third generation rightsrequire collective action,cooperation, and shared responsibility for effective realization. Their enjoyment depends upon the coordinated efforts of States, international organizations, communities, and individuals.The right to a healthy environment can be effectively realized only through collective measures aimed at the conservation, protection, and sustainable management of natural resources. Consequently, States have a duty to formulate and implement environmental policies[1],while citizens and communities share the responsibility of promoting environmental stewardship[2].Similarly, the right to development is a collective human right that seeks to ensure the continuous improvement of the well-being and standard of living of all people through their active, free, and meaningful participation in the development process. The United Nations Declaration on the Right to Development (1986) recognizes development as a comprehensive economic, social, cultural, and political process aimed at the realization of all human rights and fundamental freedoms
To achieve developmental objectives, numerous infrastructure projects are approved by the competent authorities. Their implementation often necessitates deforestation, blasting of mountains, alteration of river courses, and extensive exploitation of natural resources. Although these activities are undertaken in the name of economic growth and public welfare, they frequently result in significant environmental degradation and ecological imbalance.
This raises a fundamental question: can development be pursued at the cost of environmental protection? Contemporary environmental jurisprudence answers this question in the negative by emphasizing that development and environmental conservation are not mutually exclusive but must be harmonized through the principle of sustainable development.
- Legal provisions with respect to Environmental Clearances
- Concept of Environmental Clearance
Environmental clearance (EC) was introduced as a preventive tool for environmental management. The concept of environmental clearances is stated under various international environmental declarations. The Stockholm Declaration[3], Rio Declaration[4], Convention on Biological Diversity[5], Forest Principles[6], Basel Convention[7] etc includes different provisions related to environment impact assessment.
. Environment Impact Assessment or EIA is a systematic process which aims at identifying, predicting, and evaluating the potential environmental consequences of a proposed project or developmental activity before its implementation. The assessment not only considers the environmental aspects but also examines the interconnected social, economic, cultural, and human life aspects.[8].According to the United Nations Environment Programme, EIA is a tool that facilitates the identification and evaluation of the environmental, social, and economic implications of proposed projects prior to their approval. It assists in adapting projects to local environmental conditions and provides decision-makers with scientifically informed alternatives and recommendations.[9]
[1]The Constitution of India, 1950, art. 48 A.
[2]Id. at art. 51-A (g)
[3] Stockholm Declaration, 1972, Principle 14,17 and 18.
[4]Rio Declaration, 1992, Principle 17
[5] The Convention on Biological Diversity, 1992, Principle 14.
[6] Principles For a Global Consensus on the Management, Conservation and Sustainable Development of All Types of Forests, 1992, Principle 8.
[7] Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, 1989, Article 4(2)(f).
[8]Convention on Biological Diversity. What is impact assessment. Retrieved July 18, 2026, from https://www.cbd.int/impact/whatis.shtml
[9]Ibid.