The United Nations Conference on the Human

Environment
In 1968-1969, the General Assembly, by Resolutions 2398 and 2581 decided
to conduct the conference. The Stockholm Convention was held in Sweden
from June 5-16, 1972. The object behind this convention was to “create a
basis for comprehensive consideration within the United Nations of the
problems of the human environment,” and to “focus the attention of
Governments and public opinion in various countries on the importance of
the problem.”

This convention led UNEP to coordinate global action for the protection and
preservation of the environment in December 1972.

Many issues were resolved before the actual conference by the countries to
limit the number of issues during the convention. This was primarily done by
the conference secretariat. The conference secretariat headed by Mr. Maurice
F. Strong planned the conference meticulously.

The convention adopted the following:

1. A basic declaration containing a set of common principles to aid the

people in protecting and conserving the environment.
2. A detailed resolution for financial and institutional arrangements for
environmental protection.
3. An action plan containing 109 recommendations. This aims to
identify and quantify the environmental problems, warn about any
crisis, and to adopt supporting measures, by establishing an
Earthwatch.
At the end of the convention 26 principles were adopted and declared by the
participating states. This is known as the Magna Carta of the human
environment.

Principles of the Stockholm declaration

The 26 principles or the Magna Carta on the human environment are dealt
with in great detail. For better understanding, the principles are grouped on
their applicability and enforceability. They are as follows:
Human-centric (Principles 1 and 15)
Principle 1: Rights and Responsibilities for protecting the
environment – Humans have the right to use and enjoy nature. The right to
enjoy nature is not unfettered, it is coextensive with the duty to protect it.
Art. 21 of the constitution also safeguards the fundamental right of a healthy
environment. This principle also explicitly bars discriminatory laws.

Principle 15: Human settlement and Urbanization – Planned

settlements and urbanization are required. They reduce the adverse effects
on the environment. The goal is to secure maximum benefits for all through
planning. All discriminatory plans are also barred.

Sustainable development (Principles 2, 3, 4, 5, 13

and 14)
Principle 2: Duty to protect natural resources – Natural resources are
limited. We must use natural resources carefully. Preservation of resources
depends on effective planning and management.

Principle 3: Duty to preserve renewable resources – Although

renewable resources are not depletable, their preservation is necessary for
their quality.

Principle 4: Wildlife Conservation – A combination of factors is

responsible for endangering wildlife. Humans have a special responsibility for
protecting wildlife. The inclusion of conservation of wildlife in economic
planning leads to sustainable development.

Principle 5: Duty to preserve non-renewable resources – Non-

renewable resources are exhaustible. They are valuable resources. Exercising
care and caution is necessary to prevent them from depletion

Principle 13: Rational Management of Resources – States should adopt

rational methods to manage the resources and to improve the environment.
An integrated and coordinated approach is preferable.

Principle 14: Rational Planning – Conflicts between development and

conservation are reconciled with rational planning. Development and
conservation must go hand in hand.
Reflection on customary international law position
(Principle 21)
States have the absolute authority to use natural resources according to their
policies. However, their policies shouldn’t violate the principles of
international law and cause damage to other states outside its jurisdiction.

Preventive actions (Principles 6,7,8 and 18)

Principle 6: Management of pollution – Pollution is harmful to the
environment. Discharging toxins and other substances in large quantities are
harmful to the ecosystem. Both the citizens and the states should play an
active role in reducing the dumping of harmful substances.

Principle 7: Management of sea pollution – The states should reduce sea

pollution by taking necessary steps to prevent substances hazardous to
human health, marine life, and the legitimate uses of seas.

Principle 8: Social and Economic development – The improvement of

social and economic conditions is necessary for a better living and working
environment. Improvements shouldn’t affect the environment in any way.

Principle 18: Application of science – Science and technology are

indispensable in today’s life. They are used in almost every industry. Science
and technology are also applicable to the conservation of the environment. It
is useful for identifying and controlling environmental risks. They are useful
for finding solutions for environmental issues.

Compensation to Victims (Principle 22)

The States should join to further the scope of international law for prescribing
liability for those harming the environment. States should also come together
to compensate victims of environmental pollution or damage.

Cooperation (Principles 24 and 25)

Principle 24: Cooperation with nations – Although each state has
exclusive jurisdiction to legislate on internal matters, international
cooperation is necessary for the holistic improvement of the environment.
States must recognize that environmental problems affect all the states
equally. By multilateral and bilateral agreements states can control, prevent,
and reduce environmental risks.
Principle 25: Coordination with nations – Coordination between states is
crucial for alleviating the existing conditions. The states can jointly
coordinate actions and plans for improving existing environmental conditions.

Other principles
Principle 11: Environmental Policy – The environmental policy of every
nation should be progressive. The policies of every state must enhance and
complement each other. The policies shouldn’t restrict or adversely affect
developing countries. National and international organizations should strive
for better living conditions for all without affecting the environment.

Principle 19: Education in environmental matters – Education is one of

the tools to spread awareness about the pathetic state of the environment.
The underprivileged, poor, illiterate should have access to education.
Education broadens the mind. Awareness about the existing conditions is
necessary so that people can jointly tackle environmental matters.

Principle 20: Expanding scientific research – Researching and

developing methods nationally and internationally is important to tackle
environmental problems. There must exist a system where information and
research can flow easily across nations. Countries must also control their
spending on scientific research without burdening the economy.

Principle 9: Environmental Deficiencies – Natural disasters and

underdevelopment lead to deficiencies. Navigating through such deficiencies
is difficult. Requesting technological and financial assistance to supplement
the local efforts leads to a quicker and effective remedy.

Principle 10: Stability of prices and incomes – Stability in the prices of

essential commodities and stability of income is essential for the
environmental management of developing countries. Economic factors are
also part of the environmental process.

Principle 12: Education on environmental protection – Environmental

protection is the need of the hour. Every citizen should understand the
importance of environmental protection. Adoption of a suitable medium like
social media, print media, etc is crucial to spread awareness about
environmental protection.

Principle 16: Population Control – In areas where the population is

excessive and is likely to affect the environment, the states can implement
policies to control the growth of the population. These policies shouldn’t
violate basic human rights. In today’s world overpopulation is one of the
major reasons for the depletion of natural resources.
Principle 17: Setting up of national institutions – States should
establish national bodies for the control and management of environmental
resources within the state.

Principle 23: Implementing a national agenda – The states may find

that certain procedures and rules may not align the value system of the
country. In that case, the states need not follow such a procedure. The states
are also exempted if such procedures cause unwarranted social costs.

Principle 26: Ban on nuclear weapons – Nuclear weapons are the most
destructive weapons. They cause more damage to the environment than any
other weapon. All the nations should come together to ban nuclear weapons.

Development of Environmental Law in India post

Stockholm Declaration
This Stockholm Declaration is considered to be the magna carta of
Environmental law and it got the significance parallel to that of the Universal
Declaration on Human Rights of 1948.[11]

The conference of Stockholm was attended by the then Prime Minister of

India, Mrs. Indira Gandhi and she got inspired a lot by the discussions held,
issues raised and development took place during that conference. The results
could be reflected in the quick developments that took place immediately
after the Stockholm Conference.

the Parliament of India passed the Air (Prevention and Control of Pollution)
Act, 1981, the Water (Prevention and Control of Pollution) Act, 1974, and
the Forest Conservation Act, 1980 to give effect to the Stockholm convention.

The Stockholm convention was the first convention to discuss environmental

issues on a global scale. The declaration proclaims truths relating to man and
the environment such as man is the creator and moulder of his surroundings.

The declaration discusses in detail the role of underdeveloped nations in

environmental problems and urges them to reduce their negative impact on
the environment. The industrial countries are not free from problems, but
their problems relate to industrialization and technological development.

42nd Amendment to the Constitution of India[13]

The 42nd Amendment to the Constitution, which was introduced after the
Stockholm Conference of 1972, brought major changes to the Constitution of
India and for that, it is considered to be the mini constitution. This
Amendment brought changes on the various subjects but when we talk about
the changes with respect to the Environmental law, it introduced
responsibility on part of both, state and citizens to protect and improve the
environment.

By introducing Article 48-A[14] in the Constitution of India as part of the

Directive Principle of State Policy, it imposed a duty on the state, “to
protect and improve the environment and to safeguard the forests
and wildlife of the country”.

By introducing Article 51-A[15], it imposed a total of 10 fundamental duties on

the citizens. These duties were imposed on the citizens because they are
vested with the various fundamental rights as part of the citizens of this
country and as rights and duties, both are correlative, fundamental duties
were imposed on the citizens to serve as a constant reminder to them that
the Constitution conferred them certain fundamental rights, it also requires
certain duties on their part to be fulfilled as being ideal citizens.

As a result, Article 51-A (g)[16] conferred the fundamental duty on the

citizens, “to protect and improve the natural environment including
forests, lakes, rivers, and wildlife, and to have compassion for living
creatures”.