T.N. GODAVARMAN THIRUMALPAD v. UNION OF INDIA & Ors.

#4. Biological Diversity Act, 2002 was also enacted by the Parliament with the object of conserving biological diversity, sustainable use of its components and for fair and equitable sharing of the benefits arising out of utilization of genetic resources. Biological diversity includes all the organisms found on our planet viz., the plants, animals and micro organisms. Environmental Protection Act, 1986 enacted by the Parliament empowers the Central Government under Section 3 to take such measures for the purpose of protecting and improving G the quality of environment. The examination of all these legislations in the light of the constitutional provisions and various international conventions like Convention on International Trade in Endangered Species of Wild Fauna and Flora 1973 (CITES), the Convention of Biological H Diversity 1992 (CBD) evidently shows that there is a shift T.N. GODAVARMAN THIRUMALPAD v. UNION OF INDIA & ORS. 931 from environmental rights to ecological rights, though A gradual but substantial. Earlier, the Rio Declaration on Earth Summit asserted the claim "human beings are the centre of concern". U.N. Conference on Environment and Development (UNCED-1992), was also based on anthropocentric ethics, same was the situation in respect B of many such international conventions, that followed. [para 18] [947-F-H; 948-A-B]

#5. The public trust doctrine developed in *M.C. Mehta vs. Kamalnath is also meant to ensure that all humans C have equitable access to natural resources treating all natural resources as property and not life. That principle also has its roots in anthropocentric principle. Precautionary principle and polluter-pays principles in ••vellore Citizens Welfare Forum vs. Union of India are also based on anthropocentric principle since they also D depend on harm to humans as a pre-requisite for invoking those principles. The principle of sustainable development and inter-generational equity too pre supposes the higher needs of humans and lays down that exploitation of natural resources must be equitably E distributed between the present and future generations. Environmental ethics behind those principles were human need and exploitation, but such principles have no role to play while deciding the fate of an endangered species or the need to protect the same irrespective of F its instrumental value. [para 19) [948-C-F]