HAPPY CHEMICALS ARE INCULCATED IN EE-RICH URBAN AREAS AND CC-RICH ECOSYSTEMS

Environmental Efficiency and Carrying Capacity are two overarching umbrellas under which Mother Earth has to sustain and prosper. They have evolved from the published statistical dataset by United Nations Agencies and estimates published by the Global Footprint Network. Considering the Earth as a production unit based on the support systems available on Earth Human Development has been identified as the Output while Ecological Footprint has been identified as the input from a human-centric perspective. Thus Environmental Efficiency has been calculated based on an Output/Input Approach. Similarly Carrying Capacity of Earth has been calculated based on the Capacity/Consumption Approach. Those developed countries take a lower rank in terms of Environmental Efficiency considering their very high footprint trends. Similarly many countries are over-shooting beyond their biological capacity amounting to exploiting the resource backing of under-developed countries. There are imbalances both in the intra-generational and inter-generational sustainability status which are to be corrected by adopting corrective policies, programs and projects.

Thinking deeply about how to bring down the indicators, the research is taken down to the local level under the above two overarching umbrellas. At the local level, the creation of Sustainable Cities by the application of EE&CC indicators is quite promising which in turn takes the Nation and the World to a sustainable path. Hence earnest efforts have been made to convince the ordinary citizens of the importance of EE&CC theories in the creation of Sustainable Cities which is quite a win-win situation for the nature, people and the governments.

A hypothesis has been formulated as follows.‘ Happy chemicals are inculcated, in humans in environmentally-efficient urban areas and carry capacity-rich ecosystems, where all the flora, fauna and humans engaged in primary sector activities are part of the ecosystems. Also, it is hypothesised that bad chemicals are produced in an environment-inefficient urban areas and carrying capacity less ecosystems. The descriptive analysis is as below

The Thesis Dissertation titled ‘Environmentally-efficient Development Management System for Greater Kochi in Kerala State’ by this author at the Cochin University of Science and Technology identified four types of proxy indicators contributing to Environmental Efficiency and Carrying Capacity. They are as follows

Land Utility(u)

In environmentally-efficient locations, land utility(u)  is very high. The land is a natural resource. Human development facilities are created on land in urban areas using natural resources, such as  parks, playgrounds, stadiums, theatres, markets and transit stations. The land utility is determined by the sum of the number of people who use the facilities and who own such facilities. Government land is having the highest land utility due to the common ownership of land and due to the reason that a large number of people can access the facilities. Even apartments are having more land utility due to the common ownership of the land, and as facilities are used by many. In short more land utility can inculcate more human development and prosperity. If the city is divided into different grids in a GIS platform land utility of each grid can be calculated and the aggregated value of which determines the total land utility of the city which is an excellent Sustainable City Indicator.

Square of Accessibility(⍺ Square): Human Development Centres are under-utilised without the optimum number of users due to the reason that the facility is not easily accessible to many. Accessibility can be measured in time and cost and based on the availability of non-motorised transport facilities. In a city with less accessibility, man-hours are spent on travel to reach Human Development Facilities. If people are resorting to personalised travel and if there is traffic blockage human resource is idling with frustration inside the vehicles. They may also suffocate due to emissions emanating out of traffic blockages. In Environmental Efficiency calculations ⍺ Square is more appropriate as when accessibility increases human development increases and ecological footprint(emissions due to fossil fuel burning) reduces, the calculation for Environmental Efficiency being HD/EFp.

Per capita built-up area(β)

If the per capita built-up in the locality is less it contributes to more Environmental Efficiency due to the less land consumption. This is by attaining high residential density through high-rise development with less ground coverage. More open spaces in between buildings increase air circulation and thus reduce urban heat trap tendencies. Also if there is less ground coverage of buildings it ensures more greenery in between buildings resulting in urban forestry. If the paved  spaces are ensured with artificial recharge more rainwater would be percolating into the ground. This reduces urban flooding during rainy seasons and drought and salinity intrusion in summer seasons.

Ecosystem disturbance factor(δ) and productivity multiplier value(1/1+δ).

The ecosystem disturbance factor (δ) is a measure that indicates the level of disruption caused by human habitations and related activities to the natural balance of an ecosystem. Ecosystems can refer to various types such as forests, agricultural lands, or aquatic environments. Within certain limits, ecosystems possess the capacity to accommodate human presence while still maintaining their functionality and balance. This means that up to a certain extent, humans can coexist with ecosystems sustainably, contributing to their well-being and preservation.

When the disturbance factor is within acceptable limits, human activities can even have positive contributions to ecosystems. For instance, including tribal populations as an integral part of ecosystems has been recognised as a beneficial approach. This post-COVID idea has gained traction in various forums and discussions, emphasising the importance of incorporating indigenous communities into ecosystem management.

But if human activities are occurring in an unplanned and haphazard way ecosystems will start declining. Rather than providing food and medicines ecosystems have regulatory, supportive and cultural functions as per the Millennium Ecosystem Assessment Report 2000. Disregarding the ecosystem’s integrity with short-term goals of the society is dangerous in the long run as they counter-produce.

On the other hand, if a certain meritorious area for urbanisation is disturbed in a bulk manner it induces robust development. It results in contribution due to economies of scale apart from human development opportunities. Ecosystem Disturbance turns to Productivity Multiplication in terms of flourishing secondary and tertiary sector activities resulting in   good health and skill development.

A living example of productivity multiplier value is the Detailed Town Planning Schemes being implemented by the Development Authorities across the Nation and State. As an example, the DTP scheme implemented by the Greater Cochin Development Authority at Panampilly Nagar(Elamkulam West Town Planning Scheme), was mostly paddy land under the ownership of a few individuals and within 3 decades the area turned out to be the major economic and social development hub of the entire state of Kerala. The detailed Town Planning Schemes multiply the Environmental Efficiency due to increasing in land utility, multiplied function of accessibility and reduced per-capita built up consumption. Also due to bulk development Environmental Efficiency multiplies positively contributing to the people and governments.

Unfortunately, activities of these bulk development agencies have halted functioning in Kerala due to the lacunae in the legal framework after the new municipalities act 1994 and Town Planning Acts of 2016 enacted by the State of Kerala as per the provisions in the 74th constitutional amendment act of 1992 of Government of India. Halting of taking up DTP schemes in Kerala is a real loss to the Cities in the State due to the declining Environmental Efficiency scenario. Along with Environmental Efficiency(EE) Carrying Capacity(CC) also declines as EE&CC are like the two sides of a coin. Unplanned developments results in Urban Sprawl resulting in Environmentally-inefficient urban areas and Carrying Capacity less rural ecosystems.

Land Effectivity(ε)

One more indicator has been developed by the name Land Effectivity(ε). Land Effectivity refers to the rural agricultural ecosystems. If the extent of agricultural land is large and not subdivided it tends to be commonly owned by single/multiple persons. Their agricultural productivity may be very high due to bulk farming practices reinforced with scientific methods. On the other hand, the agricultural land is subdivided into different pieces under different ownerships resulting in unviable agriculture which often results in losses to the farmer. This ultimately has reflections on Environmental Efficiency as farm products are ultimately meant for the people.

ABOUT HAPPY CHEMICALS 

Four types of happy chemicals generated by the human body are listed namely Dopamine, Oxytocin, Endorphins and Serotonin. Going through the literature on happy hormones in our human body it is seen that all four are interrelated and create multiplying effects on the human body just like the above five proxy indicators of Environmental Efficiency. In Environmentally-efficient localities, happy hormones are produced in the human body due to the following reasons, 

More common land ownership leads to more common facilities like cycle tracks, footpaths, parks and playgrounds which helps to harness Endorphins and Serotonin in our body which is useful to overcome stress and discomfort. This results in a balanced mood and feeling of wellness. Once people are well they will spread wellness in our family and community in the form of kindness to fellow beings and as well as to the nature around us. Once we are good to our nature, nature also will be good to us. Once we love nature including all kith & kin around us lot of oxytocin is produced in our body. Also when nutrient-rich food from Carrying Capacity regions enables us with plenty of Serotonin in our body which turns to Melatonin which induces good sleep. Melatonin again inculcates more kindness in ourselves and the people around us. The summary is that there will be plenty of happiness and prosperity as Environment and Development are going hand-in-hand.

I came across one article under the heading ‘Downside of living in High-Rise Buildings’ and the author tends to reprimand the high-rise trends in Cities due to the reasons such as high-rise trends reduce inter-personal contacts, separate people from streets, induce gentrification and inequality, create high carbon footprint and deprive the residents of walking and cycling. The above points are feeble  as they are  generalised opinions expressed by 20th century quotes. Our Urban Designers, Architects and Habitat Engineers are well informed to deal with such infirmities of high-rise trends with innovative designs embedded with Technological applications of the 21st century. It should be achieved on a checking and balancing method using Environmental Efficiency and Carrying Capacity Indicators. This is the challenge which Nations have to overcome as we are living in an ecologically over-shooting Earth where our consumption is 75% in excess of  the regenerative capacity of Earth. 

NEED FOR A DEDICATED INSTITUTIONAL SETUP 

 A dedicated institution is required at the national, state and city level to check and balance Environmental Efficiency and Carrying Capacity. Policy revisiting and evolving of corrective programmes and projects are the need of the time. For India, there is an even chance of great success as the average Indian is consuming only 0.7 of the earth while the world average is 2.6 Earths and the average American is consuming 4.9 Earths as per the Footprint calculations published  by York University.

References:–

1.Mathew.M, Thesis dissertation(2009), Environmentally-efficient Development Management System for Greater Kochi in Kerala State, Cochin University of Science and Technology, Kerala, India. http://dyuthi.cusat.ac.in/purl/2679

2.National Ecological Footprint and Biocapacity Accounts 2023 https://footprint.info.yorku.ca/data/

3.D. Balasubramanyan, 2023, Downside of living in high-rise buildings, Article published in The Hindu News Paper on 9th July 2023https://www.thehindu.com › Sci-Tech › Science

4.Mathew.M, Lock down tips https://medium.com/@environmentalefficiency/lockdown-tips-278b03f1ae78

5.Centre for Environmental Efficiency www.centreforenvironmentalefficiency.org

(This article is originally published in the medium page of the Centre for Environmental Efficiency as per the link below

https://medium.com/@environmentalefficiency/happy-chemicals-are-inculcated-in-ee-rich-urban-areas-and-cc-rich-ecosystems-3a26107859a9)

POPULATION BOON OR BANE EE&CC WAY OF ANALYSIS

EE&CC theories have instilled in me a sense of rightful and systematic thinking, both in my personal and professional life. Unfortunately, some of my acquaintances, lacking understanding of my sincerity and foresight, have occasionally misunderstood and criticized me. However, once I embraced the ideas of EE&CC, I began engaging in self-analysis of the most pressing issues plaguing our planet, Earth. One such question that has occupied my thoughts is whether population is a boon or a bane.

I began engaging in profound and introspective thinking for extended periods of time. During this process, I was reminded of a speech delivered by our late Prime Minister, Smt. Indira Gandhi, at the Stockholm Conference in 1972. Her words, which I quote below, resonated with me deeply.

“It is an over-simplification to blame all the world’s problems on increasing population. Countries with but a small fraction of the world’s population consume the bulk of the world’s production of minerals, fossil fuels and so on. Thus we see that when it comes to the depletion of natural resources and environmental pollution, the increase of one inhabitant in an affluent country, at his level of living, is equivalent to an increase of many Asians, Africans or Latin Americans at their current material levels of living”.

The actual consumption of a human being is undoubtedly finite; however, vast amounts of resources are being squandered and rendered non-productive in the name of consumption. This wastage manifests itself in various forms, such as emissions, theft, and underutilized assets. By minimizing this wastage and effectively utilizing spare capacity, resources can be channeled towards genuine human development. This can be achieved through strategic planning that aims to increase residential densities while providing shared facilities. Such an approach has the potential to transform population growth into a boon. Additionally, unnecessary and unplanned encroachment upon our supporting ecosystems can be minimized. It is important to recognize that ecosystems serve crucial functions, including provision, regulation, support, and cultural preservation, all of which are vital for human activities(MA 2000) within cities that function as hubs for human development and innovation .

Microorganisms play a vital role in maintaining the equilibrium of our planet, Earth. Whether they exist in our gut or in the roots of plants, these microorganisms contribute significantly to sustaining life. However, when climate changes occur and ecosystems face disruption, these microorganisms can also face extinction. A notable example is the disappearance of arsenic-fixing bacteria, which has led to arsenic poisoning in rice cultivation. Even the beneficial gut bacteria in human beings can be lost due to unsustainable food practices. As a result, our planet is becoming more acidic, whereas a slightly alkaline environment is conducive to our well-being. It is imperative that we address this acidification process systematically, taking into consideration its impact on soil, oceans, animals, and human beings.

Environmental Efficiency and Carrying Capacity are intrinsically connected, much like two sides of a coin. Environmental Efficiency holds the key to sustainability in our human-centric world. By improving Environmental Efficiency, we can strive to achieve the essential goal of a Circular Economy, especially crucial in the post-pandemic era. Positive Carrying Capacity, measured in ton value, contributes significantly to enhancing Environmental Efficiency.

Regrettably, it is disheartening to acknowledge that our world is currently exceeding its limits, driven by escalating consumption patterns that surpass the Earth’s regenerative capacity. Dr. Mathis Wackernagel’s Global Footprint Calculations reveal that our consumption is equivalent to 1.75 Earths, despite having only one Earth available to us. This overshooting of resources is a pressing issue that demands immediate attention and action.

In an environmentally efficient human development center, people experience happiness through wellness, skill development, and profitability. This is achieved through various means, including the adoption of non-motorized transport systems (NMTS) promoting good food habits, and reducing emissions. By saving fossil fuels and time, individuals and communities can reap financial benefits, resulting in increased per capita income.

Furthermore, when urban policies are designed to prioritize equity, it fosters higher levels of environmental efficiency. This improved environmental efficiency can be measured by the concept of ‘may value’, reflecting the holistic value created by sustainable practices and equitable policies.

Returning to the thought-provoking question, “Is population a boon or bane?” I have arrived at the understanding that when governments prioritize an Environmental Efficiency Approach in shaping national policies, population becomes a boon. This approach ensures that the population’s human development achievements are optimized while considering their consumption practices in an environmentally efficient manner.

In environmentally efficient habitats, people can thrive and prosper, leading to increased innovation. It is important to note that individuals who are constantly burdened by the day-to-day challenges posed by stressful environmental conditions may not have the time or resources to engage in innovative thinking. However, in an environment that fosters sustainability and efficiency, more and more innovations can emerge. These innovations, in turn, lead to greater convenience and benefits for the population as a whole.

Summary in Practical Lines:

Prioritising human welfare and the well-being of ecosystems is crucial in our human-centric world. Neglecting our supporting ecosystems can lead to chaos and sufferings, causing a boomerang effect.

Instead of focusing solely on population numbers, we should emphasize population concentration for a sustainable Earth in the 21st century. Researching and implementing technological advancements and possibilities of this era can help achieve higher population concentrations.

Increasing residential densities in a scientifically informed manner contributes to sustainability in terms of Environmental Efficiency (EE) and Carrying Capacity (CC), which are interconnected.

Accommodating more people in an environmentally efficient setup provides them with convenience, accessibility, variety, and diversity, leading to increased community choices and overall happiness.

Peaceful and content minds are fertile ground for innovation, as they actively seek ways to enhance their own happiness and well-being of the humanity.

To delve deeper into EE&CC theories and explore ‘may&ton’ values, please visit our website: www.centreforenvironmentalefficiency.org.

Let us join hands in the pursuit of higher Environmental Efficiency by fostering a culture of sharing, caring, and embracing robust and transparent Environmental Management Systems. Technological innovations can play a crucial role in enhancing these systems, ensuring their effectiveness and reliability. Together, we can work towards a future where our actions align with rightful environmental practices, leading to a more sustainable and prosperous world.

Note: EE&CC stands for Environmental Efficiency and Carrying Capacity. Environmental Efficiency is determined through an Output/Input approach, while Carrying Capacity is assessed using a Capacity/Consumption approach. These concepts encompass various factors, including the Human Development Index (HDI) and Inequality Adjusted Human Development Index (IHDI) provided by the UNDP, as well as the Bio-capacity and Ecological Footprint metrics developed by the Global Footprint Network under the guidance of Dr. Mathis Wackernagel.

Dr May Mathew

Founder

This article is originally published in the medium page of the Centre for Environmental Efficiency as per the following link:

https://medium.com/@environmentalefficiency/population-boon-or-bane-ee-cc-way-of-analysis-11cbb38b833e

As all of us know the world is at a critical juncture, whether it is to further deteriorate or to reverse the trend slowly by taking countermeasures to dampen the climate-changing trend. So far we were moving with linear economy systems leaving behind the by-products and wastes thrown into the air, water and soil taking for granted that mother EARTH would do the needful. But this tendency of mankind is a story of the past as mother EARTH’s regenerative capacity is far behind what we are throwing out now. As per the calculations of the Global Footprint Network globally we need 1.75 earths to produce what we consume and to sequestrate what we emit.

If everyone on earth lives like an American we need 5 earths while if everyone on earth lives like an Indian we need 0.7 Earth as per the figures published by the Global Footprint Network. Mrs Indira Gandhi our late Prime Minister during World Conference on Environment in 1972 did highlight that it is not the population figures but the consumption trend which matters. Though India’s achievements are lauded with respect to the total average consumption per person, India has to rethink whether our resources are expended equitably. As per the UNDP calculations, India’s inequality figures are very high which is nearer to the underdeveloped countries. Yes, India’s intra-generational sustainability measures are not satisfactory while inter-generational sustainability status is laudable. To achieve a Sustainable Nation both intra- generational and inter-generational sustainability measures are inevitable.

Excellent management solutions are described which are evolved through research which turned out as a University Doctoral Thesis Dissertation and later improvised through NGO activities by the name Centre for Environmental Efficiency the link of our website is www.centreforenvironmentalefficiency.org where EE&CC theories which are later improvised as ‘may and ton’ values contributing intra-generational as well as inter-generational sustainability indicators are explained. Research work is underway to combine both the above indicators to form a single indicator to check whether our sustainability is at peril or sustainability is strong. EE&CC Indicators improvised as ‘may and ton’ values have applications from Global Level to Local Level and vice versa.

World Sustainability begins with individuals in terms of ‘Personal Environmental Efficiency’ in terms of human development achievements in relation to total consumption(ecological footprint) factors of which are health, education, income and their equitable distribution (IHDI of UNDP)with respect to the total consumption in terms of land and energy(Ecological Footprint of Global Footprint Network ). Fine-tuning to the local level we can evaluate How well she/he is(Physical Wellness)? what is her/his level of skill development, whether she/he has a reasonable income for a decent livelihood, whether her/his fellow being’s achievements are reasonably comparable and whether her/his resource consumption in terms of energy and productivity adjusted land are optimized.. ‘Personal Environmental Efficiency’ attainment is not possible unless our national/ state/city policies programs and projects are modified in tune with the Environmental Efficiency Indicator System where Geographical Information System, Block-chain Technology and Artificial Intelligence have a great role to play in evolving corrective policies, programs and projects.

Along with the Environmental Efficiency concept I am alerting on the Carrying Capacity concept also which is the bigger umbrella under which humans should thrive with higher and higher Environmental Efficiency by sharing equitably and caring for our resources with the use of Technologies coming out of innovations. Innovations will bolster in an environmentally- efficient background with prosperity, peace and tranquillity. EE&CC are like two sides of a coin where one is achieved the other one will automatically be achieved as Environmental Efficiency aims at reducing the spare capacity and emission losses so that the load on our ecosystems (forest, aquatic and marine) which support human activities are reduced.

All of us are familiar with the 17 Sustainable Development Goals and out of which Goal 11 the sustainable cities. If EE&CC concepts are microscopically examined one can make sure that we don’t have to go by Goal by Goal but concentrate on Goal 11 the Sustainable Cities if managed by EE&CC yardsticks. All other goals are achieved simultaneously.

Are Urban and Regional Planners respectfully chaired? That is a serious question to be discussed. Spatial Planners have a great role to overview the sustainability of developments whether it is environmentally efficient to inculcate carrying capacity-rich ecosystems to support and vice versa. They should be seated above all linear professions. There should be a cadre to oversee the Environmental Efficiency and Carrying Capacity of our City/State/Nation by which the Nation can be led to prosperity and happiness. Having Govt of India identified the role of Urban Planners for national development one can keep our fingers crossed to see that something good will come out.

EE&CC yardsticks can be trickled down to Local Area Planning also by identifying proxy indicators of Environmental Efficiency and Carrying Capacity. Effective indicators can be identified, contributing to human development, reducing the ecological footprint and conserving/proliferating biological capacity. As an NGO our R&D activities and initiatives can be fine-tuned by taking up research dissertations and thesis topics by the academia so that this innovative concept would be heard by the world and we are confidently and optimistically moving ahead like in a labyrinth searching and finding the way forward.

I am very happy that I got these insights to work on as it gives me positive energy which determines my overall well-being. As my family is also involved in this initiative they are also learning a lot which are useful tips for their professional and personal life.
Below are some tips to ponder on.

1. Amassing wealth without ethics and values is like bubble in the air

2. Rather than we ourselves aiming high, for our own sake we should uplift our fellow ones. Embrace the idea of Global Citizenship and seek one world solutions.

3. One has to make sure that our future generations also thrive-one should consume responsibly

4. Restore our ecosystems rather than making weapons and creating wars

Dr May Mathew
Founder Trustee and Chief Planner
Centre for Environmental Efficiency,
Kochi-682017

(Keynote Speech could not be delivered due to some personal exigencies to the intended audience of an International Seminar on March 8, 2023. It is being published now on the hope that it will be read by many)

This article is originally published as per the following link

https://medium.com/@environmentalefficiency/keynote-speech-prepared-based-on-environmental-efficiency-theory-to-achieve-a-sustainable-earth-6d283e409be2

The Madras High Court has given Mother Nature the status of a living person by declaring ‘parens patriae jurisdiction’. This will preserve all the respective rights, duties, and liabilities of nature, just like a living person. The Madras High Court has given nature the status of a ‘living person’ while underlining the importance of natural resources, including trees and plants.

The Madurai bench of the High Court, in its order in 2022 on a petition filed by a former tahsildar-level officer, has made the observation giving special importance to the conservation of nature. Disciplinary action was taken against the officer for allotting a part of the classified government land in the name of some people. He had filed an appeal in the high court to cancel the same.

During the hearing on a petition filed by the officer named A Periyakarupan, who is a resident of Theni, the court said that indiscriminate destruction of nature would create many complications in the ecosystem and endanger the existence of flora and fauna. Periyakarupan was given forced retirement. Justice S. Sreemathi also referred to an earlier judgment of the Nainital High Court in which the court had declared the glacier, including the Gangotri and the Yamunotri rivers, as legal entities to preserve it according to parens patriae jurisdiction.

The court further said, “The past generations have handed over ‘Mother Earth’ to us in its pristine glory and we are morally bound to hand over the same in a similar fashion to the next generation. ‘Mother Nature’ is accorded the rights akin to fundamental rights, legal rights, constitutional rights for its survival, safety, sustenance, and resurgence in order to maintain its status and also to promote its health and well-being.”

The judge modified the punishment of compulsory retirement to stoppage of increment for six months without cumulative effect. The consequential monetary benefits shall be conferred on the petitioner. The court said that this punishment is imposed for the act done against ‘Mother Nature’.

Factual Matrix

It was stated in the present matter that, the petitioner had served in the Revenue Department for the past 35 years and lastly served as Distillery Officer in the cadre of Deputy Collector in the Rajashree Sugars and Chemicals Private Limited. The petitioner attained superannuation in 2006 and was not allowed to retire but was placed under suspension because of the pendency of the disciplinary proceedings.

Further, in 2009, the Government decided to impose the punishment of compulsory retirement for the proven charges and later in 2012, by a Government Order, the petitioner was eligible for 2/3^rd pension and the 1/3^rd of the eligible pension and the retirement gratuity was reduced as penalty.

Petitioner contended that the Government did not provide any opportunity before imposing the punishment.

 Hence, aggrieved with the above, petitions were filed.

Analysis and Decision

High Court opined that, since the co-delinquent’s disciplinary proceedings were quashed, the petitioner was entitled to the same benefit. The Bench added that the delinquents deserved to be treated equally in the matter of punishment in departmental proceedings for the acts of omissions and commissions.

The Bench while noting that the land in question was classified as “forest land”, observed that the Mother Nature ought to be preserved.

Indiscriminate destruction or change is leading to several complications in ecosystem, ultimately is endangering the very existence of the animals, flora and fauna, forests, rivers, lakes, water bodies, mountains, glaciers, air and of course human. Strangely the destruction is carried on by few humans. Any such act ought to be checked at all levels. 

Invoking the “parens patriae jurisdiction”, Court declared the “Mother Nature” as a “Living Being” having legal entity/legal person/juristic person/moral person/artificial person having the status of a legal person, with all corresponding rights, duties and liabilities of a living person, in order to preserve and conserve them.

 Adding to the above, Court stated that, the State Government and the Central Government are directed to protect the “Mother Nature” and take appropriate steps to protect Mother Nature in all possible ways.

High Court held that, since the petitioner had issued patta to the Megamalai forest land, the petitioner ought to be punished. Lastly, the Court concluded by stating that the punishment of compulsory retirement ought to be modified as a stoppage of increment for six months without cumulative effect and consequential monetary benefits shall be conferred on the petitioner.

 In view of the above discussion, petitions were allowed. [A. Periyakaruppan v. Revenue Department, 2022 SCC OnLine Mad 2077, decided on 19-4-2022]

Other Countries With Similar Judgments
It is not the first time that natural ecosystems have been accorded legal status. Slowly the concept is being accepted into the mainstream as countries have started to offer legal protection to nature in some shape or form.

Ecuador

The South American country became the first country in the world in 2008 to ratify a constitutional amendment to include nature’s rights. Article 71 of the redrafted constitution states that nature not only has the right to exist but also to have its “maintenance and regeneration of its life cycles, structures, functions, and evolutionary processes” respected.

 According to the Matador Network, the nation’s new constitutional amendment was put to test in 2011 when Richard Frederick Wheeler and Eleanor Geer Huddle filed a lawsuit against the Provincial Government of Loja, a city in southern Ecuador. The lawsuit was filed on behalf of the Vilcabamba River, which had suffered from debris buildup from a road-widening project. The court ruled in favor of the river, marking the first time nature’s rights were legally upheld.

New Zealand

Time and again, New Zealand and its native Maori have recognised natural ecosystems as living beings. In 2017, New Zealand granted the Whanganui River the legal rights of a human being. The Maori had already been fighting for the rights of the river, also known as Te Awa Tupua. The 2017 Te Awa Tupua (Whanganui River Claims Settlement) Act describes it as “an indivisible and living whole…comprising all its physical and metaphysical elements.” This includes the river’s waters, the riverbed and its flora, subsoil, and the airspace overhead. In 2014, Te Urewera National Park on the east coast of the North Island earned its status as a living entity for being “ancient and enduring, a fortress of nature, alive with history,” and “a place of spiritual value, with its own mana and mauri”. In 2018, Mount Taranaki on the North Island’s west coast became yet another rights-of-nature success story.

Columbia

Citing the precedent set in New Zealand, the Constitutional Court of Columbia granted legal rights to the Atrato River, near the Panama border. The nation’s Supreme Court recognised the legal rights of the Amazon’s ecosystems, claiming that the Colombian Amazon was entitled to “protection, conservation, maintenance, and restoration.”

Australia, the United States and Bangladesh are also some other countries that have acknowledged the legal rights to various natural ecosystems. Bangladesh in fact went a step ahead and declared all of the rivers in the country to be alive and entitled to legal rights.

Only when there is a right, can one seek remedy. The Latin maxim “ubi jus ibi remedium” is a principle that means that the law provides one remedy when there is a violation of a right. However, the question of whether the environment can have the status of personhood to seek remedy when its rights are violated is a scope of discussion. When environmental resources are destroyed for human benefit, the remedy is often from an anthropocentric angle. For example, if an oil leak happens due to the negligence of a ship in the ocean, the remedy will largely take into account the impact on human life in the region. Victims seeking compensation and clearing the split oil will be two of the most significant burdens placed on the polluter. But, the question remains – does the environment have a locus standi in court?

In a judgment dated 19th April 2022, the Madurai Bench of the Madras High Court invoked the principle of “parens patriae jurisdiction” and recognized Mother Nature as a person with rights, duties, and liabilities to protect, preserve and conserve the environment (Madras High Court Grants Mother Nature ‘Living Being’ Status With Rights and Duties, 2022). 

Jurisprudentially, with the ever-growing environmental challenges, recognizing the rights of nature has been a subject of debate across the world. This has resulted in the development of ‘ecocide’ over the years which is soon expected to be introduced into the Roman Statute as a fifth international crime after the genocide, crimes against humanity, war crimes, and the crime of aggression. Such is the relevance of the rights of nature. With climate change being a critical issue for this century, there is a need for understanding what the rights of nature are and the importance of recognizing the same in mitigating environmental problems. 

‘Rights of Nature’ movement

It is important to fundamentally change the relationship between humans and the environment for the larger good of the planet which is precisely what the “Rights of Nature” movement does. According to this doctrine, just like how a human has the right to approach a court of law when his/her rights are violated, an ecosystem is entitled to the status of legal personhood with rights which can protect itself by defending in a court of law when harm is caused (Challe, 2021). In several countries, nature has been recognized as a person. An example is a mountain named Mount Taranaki in New Zealand was bestowed with legal personhood status in 2017 (Satish & Satish, 2021). This implies that if the mountain is exploited or damaged for any reason, it has the right to approach a court of law and defend itself. Thus, the rights of nature provide room for nature to exist, flourish, rejuvenate and evolve without human interference. The primary objective of bestowing nature with such rights is to provide the natural environment with the highest level of protection in order to ensure the ecosystem is not disrupted.

But, how exactly does nature go to court and represent itself? When ‘nature’ goes to court, it is represented by a guardian who acts and argues the case on behalf of the environment. This is the principle of parens patriae which the Madras High Court discussed.

What did the Madurai Bench have to say?

The case decided by the Madurai Bench was a common order for two writ petitions filed by the petitioner, A.Periyakaruppan against the respondents the Principal Secretary to Government of Tamilnadu and the Additional Chief Secretary and Commissioner of Revenue Administration seeking for payment of pension which was cut by the respondents as a punishment for the petitioner’s act of giving land deed (pattas) for forest land (A.Periyakaruppan V. Principal Secretary to Government of Tamilnadu & Ors., 2022).

 In discussing the case, the court identified nature has the right to be represented by the State by the doctrine of “parens patriae jurisdiction” and directed the State and Central governments to undertake initiatives to protect the environment. In the present matter, the court observed that the petitioner, a government official, had failed in duty to take the necessary steps to protect the Government lands. According to the acts done against nature, the court held that sanction must be imposed on the petitioner whereby “compulsory retirement ought to be modified as stoppage of increment for six months without cumulative effect and consequential monetary benefits shall be conferred on the petitioner.” (A.Periyakaruppan V. Principal Secretary to Government of Tamilnadu & Ors., 2022)

This judgment has the potential to pave the way for more judges and judgments to align towards protecting and conserving Mother Nature. This judicial activism of the courts shows the role of the judiciary in hastening the process of environmental conservation. When more issues are addressed from the perspective of the environment, it becomes easier to bring forth accountability and proactivism towards climate change mitigation for after all mitigation measures are collective efforts of humankind.

Can Our Natural Ecosystem Have Rights?

While the jury is out there, most people agree that in order for humans to survive it is important that we conserve nature. Many countries including India have granted legal rights to nature in the past. In 2008 Ecuador was the first country in the world to assign and implement the Rights of Pachamama (Mother Earth) to nature. In 2017 the Uttarakhand High Court granted living rights to glaciers in a case involving the rivers Ganga and Yamuna the same ‘parens patriae jurisdiction’. Incidentally, the Madras High Court has spoken of the Centre’s positive move in green conservation, but the opposite has happened recently. Delhi has once again been named the most polluted city in the world. The list also includes cities like Dhaka in Bangladesh, Enzamena in Chad, Dushanbe in Tajikistan and Muscat in Oman. But the capital city of the country has beaten everyone in terms of pollution. Not only that. The list of 106 cities, not just Delhi, shows that 11 of the 15 most polluted cities in Central and South Asia are in India.

Miles and miles to go attain a climate-contained World and the judgements from Courts of law around the world are hopeful to attain a better EARTH where Humans flourish in prosperity and happiness now and forever.

References:

Madras High Court identifies Mother Nature as a living person, underlines Nature’s fundamental rights

https://www.scconline.com/blog/post/2022/05/06/mother-nature-is-a-living-being-having-legal-entity-madras-high-court/

https://www.firstpost.com/india/madras-hc-grants-living-being-status-to-mother-nature-what-does-it-mean-and-what-are-its-legal-precedents-10632831.html

Mother Nature’s Locus standi Recognised by Madras High Court

https://www.veganfirst.com/article/madras-high-court-rules-mother-nature-is-a-living-being-grants-full-rights

Madras High Court says Mother Nature ‘is a living being

Madras High Court identifies Mother Nature as a living person, underlines Nature’s fundamental rights

(This article is prepared by Miss Anjumol Paradiyil Stephen as part of her internship program at Centre for Environmental Efficiency in May 2022 and published as part of the knowledge sharing program)

https://www.scconline.com/blog/post/2022/05/06/mother-nature-is-a-living-being-having-legal-entity-madras-high-court/

https://www.firstpost.com/india/madras-hc-grants-living-being-status-to-mother-nature-what-does-it-mean-and-what-are-its-legal-precedents-10632831.html

Mother Nature’s Locus standi Recognised by Madras High Court

https://www.veganfirst.com/article/madras-high-court-rules-mother-nature-is-a-living-being-grants-full-rights

Madras High Court says Mother Nature ‘is a living being

Dear CEE friends, Enthusiasts  and Volunteers

It is past the 50th year since the World Nations assembled in Stockholm on June 5 to discuss the looming problems of Environmental Mismanagement. The world over World Environment Day is celebrated every year by conducting talks, discussions, planting trees, removing waste and so on. This year United Nations has declared the Theme #OnlyOneEarth which was used at the first Global Environment Gathering in Stockholm in 1972.

Two decades later in 1992, The  World Environment Gathering was held in Rio de Janeiro, Brazil. This has been coined as EARTH SUMMIT 1992 which produced the Rio Declaration on Environment and Development. Toeing in line with the Rio declaration Centre for   Environmental Efficiency believes in Sustainable Development where both Environment and Development are to be brought hand-in-hand.

GDP of the nations are indeed improving compared to the earlier decades but our GDP generation, by overexploiting the natural resources in the most inequitable way, creates intra-generational and inter-generational sustainability issues and are to be addressed properly.

The Centre for Environmental Efficiency puts forward effective Environmental Management Tips based on two strong indicators, Environmental Efficiency (EE) and Carrying Capacity (CC).  It is an attempt to reorient our development trajectory from a GDP-oriented linear economy to Environmental Efficiency-oriented Circular Economy. There will be lesser throwaways that create negative externalities. Circular Economy is the business of this era where everything is reduced, reused and recycled. It is also to be verified whether our investments in the form of money, energy and natural resources are reaching real human development.

We have ONLY ONE EARTH and we have to meet the human aspirations most equitably, both intra-generational (present generation) and inter-generational (between present and future generations). In this respect thinking aloud about where to start implementing sustainability at the local level, it is felt appropriate to conduct a PANEL DISCUSSION on the following topic under the aegis of CEE on online mode.`

‘PEDESTRIAN PATHWAYS THE RIGHT TO LIFE AND A ROAD TO SUSTAINABILITY

We have arranged a Panel of Experts to discuss the various issues related to design, enforcement and legality to achieve the most effective pedestrian pathways contributing to local sustainability at the community/city level. Aggregation of local level achievements, ensure Sustainable Development at the national level. LET INDIA BE A ROLE MODEL COUNTRY as already percapita consumption(ecological footprint) is well below the global average.

Architect # MariaAntonyKatticaran will moderate the entire event. Author Trustee #DrMayMathew will be explaining how this theme is related to #EnvironmentalEfficiency and Sustainability.

Those who like to participate can register

www.centreforenvironmentalefficiency.org/registration

Image Courtesy: Freepik

1. Kerala State is faced with many inter-connected sustainability issues which are pulling back the state. Issues are due to both global and local reasons

2. Kerala State is at the receiving end of ‘climate change phenomenon’ as the studies find that the Indian Ocean is the global heat hub based on Ocean Currents and sea surface elevations. Immediate action plans are to be carved out locally to save our people.

3. Though the State of Kerala is getting very good rains fed by NE and SW monsoons lions share of the rainwater is reaching the sea within hours as the rivers are steep and fast-flowing and due to anthropogenic reasons.

4. Scattered Settlement pattern has been evolved over a very long period due to the uniform distribution of natural resources spread throughout the length and breadth of Kerala

5. The scattered settlements and our rural ecosystems are complimenting till a few decades ago due to the limited consumption patterns of our forefathers

6. As the people are distributed all over Kerala regional transport networks were also developed following the population distribution

7. Basic Health and education components of human development flourished though percapita income remained low.

8. People of Kerala could not make meaningful livelihood in their home land.

9. People have to migrate to the metropolitan cities in India and abroad to earn their living

10. When the remittances increased people’s life style also changed

11. Consumption trends in rural areas attained the same standard as the urban settlements (if not more) which no longer complimented the rural ecosystems. Human-Nature interactions started contradicting.

12. Now Kerala is under the clutches of the chronic disease ‘urban sprawl’ with declining urban density which is causing more revenue expenditure and fewer revenue receipts while we are losing the integrity of ecosystems around us due to the same reasons

13. Ecosystems ensure providing, regulatory, supporting and cultural services

14. Two effective indicators have been evolved to correctly quantify the urban sprawl phenomenon known as Environmental Efficiency (EE) and Carrying Capacity(CC) which has global to local applications and which are like two sides of a coin.

15.EE&CC though carved out from a global perspective can effectively be quantified and dealt with local solutions

16.Using the capabilities of Remote Sensing and Geographical Information Systems it is possible to create EE&CC maps of the regions based on the drainage basins and can be aggregated to form the EE&CC map of the entire state.

17. This is by using proxy indicators of EE&CC in the GIS platform

18. Factors contributing to the Environmental Efficiency are the land utility of the parcel of land, accessibility of the parcel of land, per capita built-up area consumption, disturbance to the land versus productivity multiplication of the land, based on whether it is a bulk development

19. Four types of land parcels can be identified EE-rich, EE-prone, CC-rich and CC-prone areas. Urban Sprawl can be contained by transferring the developing rights from CC-prone areas to EE-prone areas.

20. Transfer of Development Rights(TDR) can be carried out in GIS platform using block-chain technology which effects in winding up of our urban centres to achieve compact urban form through urban planning measures

21. This ensures EE-rich urban centres while our supporting regions would be CC-rich

22. Rainwater will be regulated ensuring freshwater availability round the year without flood or drought

23. As per the State Urbanisation Report there are six hierarchical urban settlements in Kerala

Semi-high speed silver line project connects

• Kochi the first order city

• Thiruvananthapuram and Kozhicode –second order cities

• Kollam, Chengannur, Trissur & Kannur — third order

• Kottayam fourth order

• Tirur-fifth order

• Kasargod sixth-order

If different hierarchy settlements are connected human development and economic momentum of first and second-order cities decline as people’s choices will be based on demand and supply. The economic and human development momentum of first and second order cities trickles down to lower order cities

25. Urban Sprawl tendencies will be aggravated further reducing the EE&CC of the state.

26. First and second-order cities in Kerala will be turning as mere node points of a linear city with lesser human development momentum and more travel time resulting in human development loss.

27. Tax base of Government diminishes as higher-order cities will decline which are engines of economic growth.

28. Revenue receipts will be diminished while revenue expenditure gets multiplied

29. External borrowings further aggravates the situation while the brunt of global warming and urban sprawl hits Kerala drastically

30. People start migrating to higher-order cities outside the state for better quality of life while the remaining ones will be getting into turmoil and miseries

After going through you may decide whether K rail Silver Line Project is a boon of bane?

To hear the full narration click here 

Remedial measures can be rightly corroborated with the recommendations of Post Disaster Need Assessment Report(PDNA) under the aegis of UN

To access the Post Disaster Need Assessment Report(PDNA) by UN subsequent to 2018 deluge in Kerala click here 

Dr May Mathew, FOUNDER TRUSTEE & CHIEF PLANNER