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EDITORIAL

Present-day development must not compromise on intergenerational equity

Two days ago, in separate matters, both the Supreme Court and the High Court of Bombay at Goa reminded the government that development and governance cannot come at the cost of legality, public health, environmental protection, and the rule of law, and that it must be responsible, lawful, and people-centric — not politically expedient or purely growth-driven.

The Supreme Court reportedly ruled that development isn’t an absolute goal and that the right to a clean environment, which is part of the right to life, cannot be traded off for economic benefits.

ā€œDevelopment that undermines these foundational values ceases to be constitutionally permissible development. When developmental activity poses a credible risk to human health or environmental safety, regulatory frameworks must err on the side of protection,ā€ the court said while hearing a matter pertaining to the change of land use for a cement factory close to a school in Punjab. The SC said the Constitution does not permit a trade-off where civilian life and health are exposed to foreseeable harm on the assumption that economic benefit or industrial facilitation justifies such exposure.

For some years now, the Goa government has been proudly pushing big-ticket ā€œdevelopmental projectsā€. There is no doubt that many of these will benefit the citizens. However, the apex court’s observations bring into sharp focus what has to be given precedence — protecting human life and health, and the environment. Whenever development activities are proposed, especially in green areas, the environment is bound to be affected. The question is: where does one draw the line? The SC order has also been interpreted as development is needed but should not be at the cost of the environment and health of the people. While the Centre has been supporting Goa with necessary funds for capital-intensive projects, the state government does not appear to have taken strong steps to keep dust pollution caused by construction activities under control. The construction of the flyover in Porvorim is needed; however, not only were residents and business establishments affected by dust last year, but commuters were also impacted. Didn’t the dust affect the health of the citizens? The other question is: should ā€˜development’ be viewed in isolation?

According to the UN, development is a multidimensional process aimed at improving the quality of life for all people through economic growth, social progress, and environmental sustainability. It says ā€˜development’ must meet the needs of the present without compromising the ability of future generations to meet their own needs. These issues will definitely come into the picture when the state unveils its plan for achieving the goal of Viksit Goa 2037.

In Goa, the High Court remarked two days ago that Goa is a paradise and that it should look like one. This oral observation was made while hearing the suomotu petition concerning illegal structures in the state. It has directed panchayats and municipalities to file affidavits within one week detailing the action taken against illegal structures. Thanks to the HC, the matter was taken up suomotu in view of the illegalities thriving in the state. The government has not only failed in curbing illegalities over the years but in acting against them. With the authorities turning a blind eye, for obvious reasons, illegalities, big or small, especially along the coastal belt, have become the new normal. It is this that the High Court has been trying to stop, in the interest of the state. The Birch inferno exposed the prevailing system which, aided by the political class, allowed illegalities to thrive. Vote bank politics cannot be at the cost of supporting illegalities.

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