Law and You > Environmental Laws > Intergenerational Equity Principle of Sustainable Development
The Intergenerational Equity Principle is a key concept in sustainability and environmental ethics, emphasizing the responsibility of the present generation to manage resources and the environment in a way that does not compromise the ability of future generations to meet their own needs Intergenerational equity refers to equity between generations, which includes the needs of the future generation in the design and implementation of current policies. Thus intergenerational equity simply means a duty of present generation towards future generations i.e. the present generations of human being are obliged to take care of the natural resources and ecology so that all future generations shall also have an equal chance to enjoy the mother nature and right to life.
This preservationist model has deep roots in the original natural-flow theory of English Water Law, in which upper riparians (People living on the bank of the upper side of the river) could use stream water so long as their use did not impair in any way the quantity or quality of water for those downstream. Ultimately this benefits the last riparians before the stream enters the ocean or disappears because they have no one to whom they owe an obligation. Similarly, the present generation has a right to use and enjoy the resources of the Earth but is under an obligation to take into account the long term impact of its activities and to sustain the resource base and the global environment for the benefit of future generations of humankind.
The idea of inter-generational equity dates as far back as the political philosophy of Immanuel Kant, who developed the idea of posterity benefiting from the work of its ancestors. Edmund Burke also wrote about the idea of inter-generational partnership.
A World Commission on Environment and Development (WCED) is formed under chairperson Gro Harlem Brundtland (Former Prime Minister of Norway in December 1983. Hence the Commission is also known as Brundtland Commission. The Commission clearly emphasized the importance of the concept of intergenerational equity. A report was prepared by the Commission which focused upon how today unsustainable development can narrows the options available for future generations. Promoting sustainable development requires shutting out as few future options as possible. The theme of the report was It says that “We do not inherit the environment from our ancestors but we borrow it from future generations with no intention or prospect of repaying … We act as we do because we can get away with it: future generations do not vote; they have no political or financial power; they cannot challenge our decisions.”
The theory of intergenerational equity argues that we, the human species, hold the natural environment of our planet in common with all members of our species: past generations, the present generation, and future generations. As members of the present generation, we hold the Earth in trust for future generations. At the same time, we are beneficiaries entitled to use and benefit from it.
Brown Weiss put forward the concept of ‘The Planetary Trust’. He proposed that the planetary trust obligates each generation to preserve the diversity of the resource base and to pass the planet to future generations in no worse condition than it receives it. Thus, the present generation serves both as a trustee for future generations and as a beneficiary of the trust. Thus planetary trust is a fiduciary (trustee-beneficiary) obligation to future generations.’ This relationship imposes on trustees a duty to act for the benefit of beneficiaries with respect to trust matters.
Sustainability is possible only if we look at the Earth and its resources not only as an investment opportunity but as a trust, passed to us by our ancestors, to be enjoyed and passed on to our descendants for their use. Such a “planetary trust” conveys to us both rights and responsibilities. Most importantly, it implies that future generations too have rights – although to be sure, these rights have meaning only if we the living respect them and if this respect transcends the differences among countries, religions, and cultures.
Basic Principles of Intergenerational Equity:
We can say that there are three basic principles of intergenerational equity. These principles of intergenerational equity form the basis of a set of intergenerational obligations and rights, planetary rights and obligations that are held by each generation. These rights and responsibilities derive from each generation’s position as part of the inter-temporal object of human society.
- Sustainable Resource Management: Current generations must use natural resources, such as water, minerals, and forests, in a sustainable manner to avoid depleting them or causing irreversible environmental harm. This ensures that future generations inherit a world with the same or better access to these resources.
- Environmental Protection: This principle calls for protecting the environment from degradation, such as pollution, deforestation, and climate change. The present generation is responsible for maintaining ecological balance and biodiversity, ensuring that future generations inherit a healthy planet.
- Fair Access to Resources: The principle implies that future generations have the same right to access natural resources as the current generation. Therefore, current practices should not disproportionately exploit or destroy resources, leaving future generations without access to these critical assets.
- Ethical Responsibility: It involves a moral obligation to think beyond short-term gains and to plan for the long-term welfare of the planet and its inhabitants. This ethical perspective is grounded in the belief that current actions should not unduly harm the prospects of those who will live in the future.
- Long-term Economic and Social Planning: Intergenerational equity also extends to social and economic planning, meaning that economic development should occur in a way that benefits future generations, without saddling them with unsustainable debt, economic instability, or social inequalities.
Applications of the Intergenerational Equity Principle:
- Climate Change: The principle is highly relevant in the fight against climate change. Current generations are responsible for limiting greenhouse gas emissions and transitioning to renewable energy to prevent harmful climate impacts on future generations, such as rising sea levels, extreme weather, and biodiversity loss.
- Resource Conservation: This principle underpins policies aimed at conserving finite resources like fossil fuels, minerals, and clean water. It calls for investing in renewable resources and technologies that enable resource efficiency, thus ensuring their availability for future use.
- Sustainable Development: The principle is a core part of sustainable development, where the goal is to balance current economic and social needs with the preservation of environmental resources, ensuring that future generations can meet their own needs.
- Biodiversity Conservation: Protecting ecosystems and biodiversity is critical to maintaining ecological balance for future generations. Efforts to preserve endangered species, protect forests, and maintain natural habitats align with the principle of intergenerational equity.
- International Environmental Law: The Intergenerational Equity Principle is embedded in many global agreements, such as the Rio Declaration on Environment and Development (1992), which promotes sustainable development with an emphasis on preserving resources for future generations.
Challenges to Intergenerational Equity:
- Short-termism: Many political and economic systems prioritize short-term gains or immediate growth, often at the expense of long-term sustainability. This poses a significant challenge to intergenerational equity.
- Climate Change Inaction: Failure to adequately address climate change puts future generations at risk of facing catastrophic environmental conditions.
- Resource Overconsumption: Overexploitation of natural resources, driven by consumerism and industrial activities, threatens the ability of future generations to meet their needs.
Importance of the Principle:
The Intergenerational Equity Principle is foundational to the concept of sustainability. It highlights the need to adopt a long-term perspective, recognizing that the actions taken by one generation can have profound impacts on future generations. By embedding this principle in policy, law, and practice, societies can work towards more equitable and sustainable outcomes across time.
Drawback of Doctrine of Intergenerational Equity:
- It is unclear how far into the future these obligations stretch. It would seem insufficient to restrict concern to the next generation only, as many environmental problems or processes work on a very long term scale.
- Another very difficult political issue, namely how future generations can be given some form of voice or consideration in present policymaking.
- It is difficult to find out what the interests or needs of future generations will be
- Environmental management tasks, such as planning, monitoring, and evaluation, typically do not fit in with the longer-term period needed to take account of future generations. Hence the considerations of inter-generational equity require a considerable extension of the time scale of current planning and policymaking models and practices.
Case Laws:
In Rural Litigation and Entitlement Kendra v. State of Uttar Pradesh, AIR 1987 SC 359, 364, case, the Court, observed that “It has always to be remembered that environmental assets are permanent assets of mankind and are not intended to be exhausted in one generation”.
In State of Himachal Pradesh v. Ganesh Wood Products (1995) 6 SCC 363, 382, the Court recognized the significance of the concept of Sustainable Development and Intergenerational equity once again.
In S. Jagannath v. Union of India, (1997)2 SCC 87, 146, case, commonly known as shrimp farming culture case, the Court dealt with the problem of pollution caused by shrimp farming culture industries in coastal areas. The Court opined that there must be an Environmental Impact Assessment (EIA) before granting permission to install commercial shrimp farms, and such assessment must take into consideration the inter-generational equity.
In A.P. Pollution Control Board v. Prof M V. Nayudu, (1999) 2 SCC 718, case, the Court for the first time discussed the principle of intergenerational equity in some detail and opined that the principle is of recent origin. Referring to the Stockholm Declaration, 1972, Jagannadha Rao, J. noted that several international conventions and treaties had recognized the principle of inter-generational equity and that several imaginative proposals such as the locus standi of individuals or groups to take out actions as representatives of future generations, appointment of ombudsman to take care of the rights of the future against the present, had come up.
Conclusion:
It is the duty of present generations to hold the natural resources in trust and maintain their usefulness for future generations to ensure Sustainable Development. The interests of future generations impose a cost on people living now, it can be explained with the following examples.
- Abating greenhouse gas emissions lower current well-being but leaves future generations with a better climate.
- Preserving biodiversity lowers current well-being but widens options for future generations.
- Exploiting soil and water resources with caution also lowers current well-being but increases the potential for future food production.
- Using antibiotics with care lowers current well-being but reduces future health problems.
It may be concluded that the Court though recognized the principle of intergenerational equity in few cases decided by it, never tried to explain the nature, scope, and meaning of the principle and, therefore, there is an ambiguity regarding the principle.
Related Topics:
- Environment and its Pollution
- Stockholm Declaration
- Rio Declaration
- Sustainable Development
- Precautionary Principle
- Polluter Pays Principle
- Public Trust Doctrine
- Principles of Equity and Equality
- Assimilative Capacity Principle