Brain Booster Articles
PROTECTION AND PRESERVATION OF THE NATURAL RESOURCES: AN INSIGHT BRIEF OF PUBLIC TRUST DOCTRINE
Author: Garima Jargar, III Year, Maharashtra National Law University
Formation and origination of the Diminishing of Natural resources
India has been considered one of the richest endowment nations for the resources, within which an integrated effort has been made for making the best use of the existing and sustainable potential environment, that helps to control the excessive growth of population demand as well as by providing the opportunities for levelling up the employment. Subsequently, it will act as an indicator of the various levels of development and further bifurcation over the vital degree of resources i.e. land, retained soil, and several levels of porous vegetation.
The evolution of the human started back two million years ago, at that particular point of time there was an abundant amount of natural and vulnerable resources as it was always compared with the human common need.
The scenario dynamically changed, the human population also increased in such a manner that the biggest requirement drawn as expanding the rate of the environment was to fulfil the demand of more food, shelter, sustainable facilities, and procuring the varied degree of sources. Contrary to the previous condition, the present consequence is just opposite to it, even today the existing law and order are not able to enforce in such a manner within which exploitation of the environment should not purposely stop the conduct. Within the latter half part of the twentieth century, it has been crucially witnessed that there will be an increase in population and even vigorous increase in usage of mother earth's resources which can ultimately cause the depletion of sources.
The main reason behind the drastic reduction of the environment is rising in the level of population, upgradation or installing industrialization, imposing or creating the situation of war, increasing poverty, and many other determinants for the downfall. People have possessed the full and absolute right of usage over the vulnerable facilities that give the people a huge reason that more than the 1500 year there was a tag of Roman Legal Scholar labelled the act as Public Trust Doctrine. The doctrine has put a question to the defined ideology for using natural resources for their private use, it has been ethically the main reason for many philosophers, legal jury or scholars that debate over the rights of public welfare or over the use of facilities which has been provided to an individual naturally. In India, the specified doctrine has evolved the courts as well as the judiciary system and it also has a huge involvement or significance within the ambit of the constitution.
Functional Policies and Governance: Doctrine of The Public Trust
The doctrine was propounded by the Roman King Justinian that stated a particular section that specified that "air, water, and sea are all considered as common resources towards the public which is entitled to be used by anyone and everyone with the assistance of the law of nature". In the year 1215 which is specified as the falling of the Roman Empire, the Magna Carta amended and codified the saying of the Roman empire by stating in the boundaries of England that "the king had all the ownership of land but though one thing which cannot be taken into the personal care is a public trust. Traditionally the doctrine was only to the protection of rights or facilities which were borne naturally like right towards the fisheries, navigating, anchoring, hunting, boating, or standing.
If there is a partial examination over the present contemporary scenario, it has been taken into consideration that checks the state over the action for management of the resources within which it held up into question the action. The judiciary system and court have stated that by following the common legal justiciable system, our constitution enforces to include the Public trust theory within the jurisprudence. With the help of procedural as well as substantive rights, the doctrine was applied for the protection of the environment with the support of article 48A which made a clear path through Article 21 and Article 39 of the Indian constitution that elaborated about the state of proper and equal distribution of the resources. Within the boundary of India, there are no specified environmental rights which are analysed by the apex court that went to further and emphasized within the doctrine, for instances when the decision which was delivered by the supreme court in an unauthorized degree of mining by causing the damage over the environment of that particular area which has been headed as illegal as it was ultimately violating the Article 21 as it states that healthy surrounding is necessary and act as a basic need for the protection or safeguarding the rights of everyone.
The public trust doctrine has restricted the government for the private property rights as after thoroughly examining the various interpretations it was not crystal clear that in what circumstances the court invoked the order of public trust doctrine. However, the court felt that it was necessary for the protection of the defined rights which were possessed by the citizens for making the state responsible by the rigid or strict judgment. The public Trust Doctrine has been held up as the safest way to ensure the protection related to the environmental development for checking the management between the state of good resources and misusing of natural facilities.
The specified word sustainable environment and natural resources have too many meanings over which the work will give direction for many defined centuries as dynamically changes in the surrounding which has been proved as a malleable. But there should be a specified limit for the changes in environment like population, pollution, changes in vegetation as well as the food chain, climatic changes according to the population growth, vanished wetlands, and many human activities which can destroy the natural facilities. There are no surprising facts that the supreme court took many dynamic correspondence steps for invoking the public trust but it was the necessary and mandatory legal approach for protecting the resources as well as environmental issues. In current consistency over the environmental problems, the public trust doctrine enforces a specified set of legal rights for the welfare of the general public which acts as a positive obligation from the side of the state for performing their own set of duties. Our Indian Constitution has reflected the concern of degradation related to the environmental scenario that will guarantee the people that there should be the implementation of the right to a clean and sustainable surrounding. Lastly, if anything is getting free of cost or expecting nothing in return, there should be enforced emotion towards the facilities which has been provided that there should not be mandatory misusing, overusing, and excessive use of the resources as it can be saved for the upcoming future generation.
Garima Jargar is studying in the 3rd year of graduation in MNLU, Nagpur. She is having knowledge and a keen interest in writing Articles, Blogs, and Research Papers. Her future preference is having a base of corporate legal field or foundation studying about the social aspect and she is also happy to work under the field of research. Surprisingly as a student of 3rd year, she has published around 20 research works and would like to publish more till the end of her graduation as well as more in her entire life. Her strengths include thoughtful, hardworking, have a focused approach, self-motivated, a leader, and naturally a writer. Lastly, the future aspects of her career are that she wants to become a research associate or wants to do an intense research part in the incorporation or legal sector.