Religion as a panacea for Environmental Protection: A long overdue revisit of Rights, Duties and Law

Abstract

An anecdote with its timeless beauty depicts accurately the dependence of humankind on Mother Earth and the nature of their relation. Justice O. Chinnappa Reddy in Shri Sachidanand Pandey and Anr. v. The State of West Bengal and Others2 had quoted the same in paragraph two of his judgment and taking into account the beauty of the same, a very short part is reproduced. The backdrop of the story is in USA, circa 1854, when ‘the wise Indian Chief of Seattle’ retorted to ‘the great White Chief in Washington’ who wanted to buy their land, that if one does not own natural features and entities, how can one buy it? If one takes a walk back in time, there is no doubt that one would come across the myriad debates and deliberations that have taken place to fathom, realise and curb the impact Mother Nature endures, as a result of the ‘developmental activities’ that are ever on the increase. It has held fort for quite a long time, ever changing. The time has exceeded for a remedy to pop up, just like that, almost like a magic potion, and present hope and succour, and translate itself to a much needed, much awaited, saviour for humankind as it is ever dependent on Mother Nature, without whom it has no future. The first way out that comes across one’s mind, when one talks about a saviour, is obviously, law - a factor that has played a great role in bringing about some sort of a control over mankind over time; a factor that still plays a great role, if not the greatest to ensure that man’s activities are kept under control. It is built on a structure composed of a large number of component concepts. These are identified to be the elements of law and as a result are perched on a high pedestal.