INDIAN CASES CONCERNING INTERPRETATION OF

INTERNATIONAL LAWS

I have already indicated earlier the contents of Article 51 of the Indian Constitution regarding
the obligations of the State towards the achievement of greater international respect for
international law and Treaty obligations. I may also add that in a very large number of cases,
the Indian Supreme Court has interpreted and adopted various United Nations Resolutions
and Conventions in delivering its judgments .Thus, in the landmark case of T.N.
Godaverman Vs Union of India 1which deals with environment protection in India, Stock
Holm declaration of the United Nations on Human Environment 1972 has been particularly
referred to.1
A reference was also made to the Convention on Biological Diversity Act of 1992 and apart
from the Preamble, various Articles are quoted relating to the objects of the Convention
as well as pointing out general measures for conservation and sustainable use of ecosystems
and natural habitats and the maintenance and recovery of viable population of species in their
natural surroundings.
The Court has further emphasised the importance of environment impact assessment reports
and in this connection has referred to the directives issued by the Council of European
Economic.Committee as follows:
The effect of a project on the environment must be assessed in order to take action of the
concerns to protect human health, to contribute by means of better environment to the quality
of life, to ensure the maintenance of the diversity of species and to maintain reproductive
capacity of ecosystem as a basic resource of life. Finally, the Indian Supreme Court has also
laid much stress to many Articles of the Constitution itself. It has observed that under Article
21 (which Relates to duty of the Government to protect the environment as part of the
dignified and decent Human life) there are two salutary principles: (i) the principle of
sustainable development, and (ii) precautionaryprinciple.

1 (2002)10 SCC 606 1. Man has the fundamental right to freedom, equality and adequate conditions of life, in
an environment of equality that permits a life of dignity and well-being and bears solemn responsibility to
protect and improve the environment for present and future generationsIt is necessary to avoid massive
irreversible harm to the earthly environment and strife for achieving for present generation and the posterity a
better life in an environment more in keeping with the needs and hopes.
The Court has furtherheld that Articles 48-A and 51-A have laid the foundation for a
jurisprudence of environmental protection.The said Articles may be expressly stated-
48-A. Protection and improvement of environment and safeguarding of forests and wild life.
The State shall endeavor to protect and improve the environment and to safeguard the forests
and wild life of the country.
51-A. Fundamental duties. -It shall be the duty of everycitizen of India
(g)to protect and improve the natural environment including forests, lakes, rivers and wild
life, and to havecompassion for living creatures

In another case, Research Foundation For Science Technology National Resources Policy Vs
Union of India 2, Interpreting the Hazardous Wastes (Management and Handling Rules 1989
and also the Amended Rules of 2003, it has been observed that Hazardous Wastes are highly
toxic in nature.Industrialization has had the effect of generation of huge quantities of
hazardous wastes. These and other side-effects of development give birth to the principles of
sustainable development so as to sustain industrial growth. The hazardous Waste requires
adequate and proper control and handling . Efforts are required to be made to minimize it.
These and other allied problems gave birth to the Basel Convention. The key objectives of
the Basel Convention are:

to minimise the generation of hazardous wastes in terms of quantity and hazardousness. to

dispose of them as close to the source of generation as possible, to reduce the transboundary
movement of hazardous Wastes.

It may be noted that Basel Convention has already been ratified by India in 1992.