Supreme Court Justice Warns Against Ignoring Environmental Costs of Development

Guwahati: Supreme Court Justice Ujjal Bhuyan declared Saturday that development sacrificing ecological health is fundamentally unsustainable. Speaking at a lecture in Guwahati hosted by the environmental group Dharitri Suraksha Mancha, Assam, Bhuyan insisted that economic growth and nature are not enemies. He dismissed the idea that these goals must conflict as a false narrative.

"There cannot be any conflict between development and ecology. Any activity detrimental to society cannot be sustainable," Bhuyan said. He noted that environmental protection often sits on the back burner because it rarely yields immediate political dividends. Unlike subsidies or identity politics, nature offers no quick electoral gains.

The Justice warned that the recent, intense flooding in Sivasagar served as a grim preview for the rest of the state. K.N. Chowdhury, president of the Guwahati High Court Bar Association, went further. He characterized the Sivasagar disaster as a man-made tragedy fueled by illegal coal and sand mining in the Dikhou river. Chowdhury stated, "It was not a natural calamity, and that is why the disaster management authorities did not issue any warning. It was a man-made disaster, primarily caused by illegal sand and coal mining in the Dikhou river."

Critics point to the Forest (Conservation) Act, 1980, as a primary casualty of current trends. Chowdhury argued that executive power has steadily diluted the law, which is supposed to guard against non-forest activities in sensitive regions. The environmental collective, led by chief convener Mahesh Deka, organized the session to push for a more informed dialogue between citizens, legal experts, and policymakers.

Bhuyan tied environmental preservation to the Constitution, citing the 42nd Amendment. He reminded citizens that Article 51A(g) establishes a fundamental duty for every individual to protect forests, rivers, and wildlife. While he noted that courts have shaped environmental law through principles like the precautionary principle and polluter pays, he urged citizens to stay vigilant. With India ranking 176th out of 177 countries in the 2026 Environmental Performance Index, Bhuyan argued that the time for active oversight is now.