Arvind Jasrotia

Edwin Pister, noted Biologist who was trying hard to save from extinction several species of desert fishes was often asked by his colleagues – what good is it anyway? The question was based upon the prior assumption that a species has no claim to existence unless its member has some utility. Finally Pister found a way out to put the concept of intrinsic value forthrightly. To the question, what good is it? He replied, what good are you? The answer forces the questioner to confront the fact that he regards his own total value to exceed his instrumental value, that is, even if people are not instrumentally valuable to the society, they nevertheless believe that they are still entitled to life, liberty and pursuit of happiness. Human dignity and respect it commands, human ethical entitlement, is grounded ultimately in our claim to possess intrinsic value.

Today is World Environment day

For the first time in 3.8 billion years that life has existed on Earth, one species-humanity has altered the biological, physical and chemical features of the planet on a geological scale leading to the transgression of four of the nine planetary boundaries (climate change, biosphere integrity, biogeochemical flows and land-system change) critical to the planet’s self-regulating capacity. Humanity has entered new epoch in the history of planet with the transgression of critical tipping points in the Earth system. Scientists name this era as Anthropocene. This anthropogenic change has exacted a heavy toll on the natural world and is being referred to as sixth mass extinction. Sadly, Environmental Law, both International and National, through its incremental and path dependant approach has failed to collectively address the exigencies of Anthopocene system.
Nature has sent us a clear warning shot with the COVID-19 pandemic (170 million infected cases and over 35 Lakh deaths worldwide, and still counting) and ongoing climate crisis that the pressure humankind has placed on the natural resources entail catastrophic consequences and expose deep inequalities and fragilities of the social, political and economic structures that have been carved for our living. The climate emergency, the loss of nature and deadly pollution threaten to destroy our home and eliminate many of the million of species that share this beautiful planet with us. The two most recent IPCC Special Reports suggests that climate tipping points could be exceeded even between 1 and 2?°C of global warming. As per UNEP Emission Gap Report 2020, while the pandemic resulted in a temporary decline in GHG emissions, we are heading for at least a 3°C temperature rise this century. Limiting global warming to well below 2°C above pre-industrial levels and pursuing efforts to further limit the temperature increase to 1.5°C requires rapid implementation and a significant strengthening of pledges under the Paris Agreement. Globally, net carbon dioxide emissions need to decline by 45 per cent by 2030 compared with 2010 levels and reach net zero by 2050 to put the world on a pathway to 1.5°C with about 50 per cent likelihood, whereas more ambitious targets would be necessary for higher certainty. A pathway to 2°C would require global emissions to be reduced by 25 per cent by 2030 compared with 2010 levels and reach net zero by around 2070. Both pathways entail rapid transformations in areas including energy systems, land use, agriculture, forest protection, urban development, infrastructure and lifestyles. Mitigating climate change is vital, urgent and cost saving. The lower the degree of warming, the easier and cheaper it will be to adapt. Similarly the loss of biodiversity can only be addressed by providing space dedicated for nature and maintaining nature’s life-supporting contributions with an expanded and better-managed global network of interconnected protected areas.
It is in this context that the United Nations have declared the decade on Ecosystem restoration. Starting on World Environment Day, 2021, individuals, groups, governments, businesses and organizations of all kinds are enjoined upon to gather in a global movement to prevent, halt and reverse ecosystem degradation and secure a sustainable future for all. By 2030 we must halve the GHGs to prevent devastating climate change. Vast improvement is needed to meet the SDG Goals from eliminating poverty and fighting disease to safeguarding biodiversity. Healthy ecosystems are vital to meeting those goals. The year 2021 is dedicated to the protection and revival of precious ecosystems all over the world. The #GenerationRestoration is being launched on June 05, 2021.
By transforming our relationship with nature, we can recognize her inherent value as an indispensable ally. Transforming humanity’s relationship with nature is the key to ecologically sustainable future. Nature’s magnificence and grandeur, its power and human beings’ absolute and complete dependence upon it, inspires admiration and deep respect and reverence that casts certain obligations and duties upon human beings in order that it must be seen to have value in its own right. While the natural environment’s use is permissible, it should be obvious that manipulation and wanton destruction are incompatible with its reverence. This spiritual aspect, in particular, reverence, imposes fundamental limitations on the natural environment’s use and treatment. The Vedic philosophy of India has always emphasized the human connection and harmony with nature beholding divinity in all natural elements. The Vedas, the oldest hymns composed by spiritual seers reflect the vibrancy of a cosmic vision that pervades all living and non-living beings. Indian Metaphysics, reflected in Vedas, Upanishads, Ramayana, Mahabharata, Bhagvad Gita, Puranas and Smritis, presents a grand unified theory of environmental dignity that unmistakably reminds humanity to realize her position in the universe by understanding the human/nature relationship as well as our place as part of an all-encompassing system. The cosmic vision of our planet Earth is based on the fundamental concept of ‘Vasudev Kutumbakam’ (All indeed is Vasudeva, the Eternal Reality). The way forward will require a turn towards restoration and renewal. To live within such a holistic relationship requires our rediscovering the spiritual connection that unites us to the land and that nourishes our souls as well as our bodies. The affirmation of the intrinsic worth and something like rights of or duties towards each individual person and all animal and plant species and in some ways nature and ecosystems carries the correlate of recognizing our own limits in claiming the fruits of the earth and in managing and manipulating nature. Nature in all its life forms has the right to exist, persist, maintain and regenerate its vital cycles. Nature ought to be protected for her own sake and humanity must recognize and honour the rights of nature. This requires a paradigm shift and reappraisal of our relationship with rest of nature. International soft law documents like ‘World Charter for Nature’ and ‘Earth Charter’ make a graded case for non anthropocentric ethic which is both emotionally and intellectually engaging and combines concerns for human well-being with concerns for the environment. The challenge is to promote the transition to ecologically sustainable ways of living and a global society founded on a shared ethical framework that includes respect and care for the community of life, ecological integrity, universal human rights, respect for diversity, economic justice, democracy, and a culture of peace.
(The author is Professor of Law at the University of Jammu.)

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