THE INDIAN EVIDENCE ACT AND ITS ROLE IN SUSTAINABLE DEVELOPMENT

ABSTRACT

The Indian Evidence Act, 1872, though not exactly focused on sustainable development, plays a significant role in supporting it through fair and transparent judicial proceedings. Originally enacted to unify India’s diverse legal traditions under a comprehensive code, the Act ensures that judicial decisions are based on reliable and relevant evidence. This is particularly crucial in environmental cases, where accurate data is needed for informed decision-making. Landmark cases, such as M.C. Mehta vs Union of India, showcases the Act’s role in enforcing environmental laws and balancing development with ecological preservation. By upholding legal standards and protecting marginalized communities from environmental degradation, the Act indirectly promotes sustainable development principles. As India faces rapid industrialization and environmental challenges, the Indian Evidence Act remains indispensable in ensuring accountability, protecting natural resources, and supporting the country’s sustainable development goals.

KEYWORDS

Sustainable Development, Brundtland Report, Environment, Sustainability, United Nations Conference on Environment and Development (UNCED).

INTRODUCTION

Indian Evidence Act, which came into action in 1872, is an essential part of the Indian legal system as it specifies rules and regulations regarding admissibility of various evidences in the courts. Though geared towards fair and consistent legal processes, its implications extend to sustainable development, which shows where law intersects with environmental, economic, and social sustainability. As India faces rapid industrialization and environmental challenges, the Indian Evidence Act remains pivotal in upholding justice, balancing development with ecological preservation, and supporting the country’s sustainable development goals. The Indian Evidence Act’s focuses on the admissibility and evaluation of evidence is vital in legal cases concerning environmental and social justice. It mandates that judicial decisions be based on factual and reliable information, which is particularly important in cases involving environmental impact assessments and regulations. By ensuring that only relevant and admissible evidence is considered, the Act supports the enforcement of environmental laws and promotes accountability. This legal rigor is crucial for protecting natural resources, prosecuting violators, and safeguarding the rights of marginalized communities affected by environmental degradation. This article covers the Indian Evidence Act and its role in the sustainable development.

THE INDIAN EVIDENCE ACT, 1872

The Indian Evidence Act was adopted by the British Parliament with an eye to integrating and standardizing regional traditions and local laws by adopting an English-style unified code which later masterminded the enactment of the Indian Evidence Act.[1] Back in time, India’s law was based on ancient texts and local traditions. For example, the Dharmashastras ancient texts outlined rules for the process of evidence and that included the use of written (Lekhya), oral witness testimonies (Sakshi), property (Bhukti or Bhog), and divine ordeals (Divya).[2] The introduction of the Indian Evidence Act marked a significant liberalization of the law that was previously following the oral traditions and thus changing them to a more formal systematic one.

The core purpose of the Act was to preserve fairness and efficiency in the judicial process by stating what admissible evidence is and its evaluation and presentation. This Act has a universal jurisdiction in the Indian legal system as it pertains to all judicial proceedings, civil, criminal, and arbitration as well.[3] The Act consists of three parts, eleven chapters which covers details such as the admissibility of evidence, proof, and the production and effect of evidence. The Act presents the main points in the form of:
Section 3: Serves several important purposes, first of all, it clarifies important terms like “evidence”, “fact”, “proved”, and “disproved.”
Section 5: Specifies that a fact and any other relevant fact can be proved by the production of evidence or by the judge who can take judicial notice of it.
Section 8: Is of the view that how the preparation, motive and conduct of a particular person, before and after events that have already taken place, can be used to determine the relevance and admissibility of evidence.
Section 24: Refuses to include the record of confession obtained by inducement, threat, etc., as evidence in judicial cases.
Section 45: Is on the matter of the admissibility of expert opinions in court.
Section 65: Decides on the use of electronic records as evidence.[4]
Moreover, the Act’s emphasis on the primacy of three main criteria for the admissibility of evidence is clearly seen. Evidence may only be admitted if it is relevant to the subject of the trial, meets the required legal standard for power of proof and does not unduly prejudice or cause injustice if used in a court.[5] The importance of this Act is beyond description in today’s India. Given the fact that our country is undergoing rapid industrialization, urbanization, and the corresponding environmental and social challenges, the set of laws established centuries ago are still very important to solve these problems. Some of the Act’s these legal frameworks overcome the test of time ethical, as well, and in fact, are even currently quite efficient in their tackling. The Act’s explicit definition of what evidence can be admitted maintains a strong and contemporary judicial system to effectively deal with disputes of a sustainable development.

AN OVERVIEW OF SUSTAINABLE DEVELOPMENT

In 1987, the United Nations World Commission on Environment and Development released a report “OUR COMMON FUTURE”, commonly known as the “BRUNDTLAND REPORT”. The report included a definition of ‘sustainable development’ which is now widely used. Sustainable development is defined by the Brundtland Report as development that meets the needs of the present without compromising the ability of future generations to meet their own needs. It incorporates three main pillars: economic growth, social inclusion, and environmental protection.[6] Global importance was given to the concept through several major events such as the 1992 Earth Summit and the United Nations adoption of the Sustainable Development Goals (SDGs) in 2015.[7] These objectives address a broad set of targets like the removal of poverty and hunger, the provision of quality instruction, the attainment of gender equality, and the development of sustainable infrastructure. India being a country with a diverse socio-economic backdrop has espoused these goals for the purpose of influencing its public policy-making and legislative process towards a norm that is more inclusive, as well as environmentally friendly.

The concept of sustainable development was emphasised by the United Nations Conference on Environment and Development (UNCED). Today there is emerging need for sustainable development due to the growing overexploitation of natural resources, scarcity of resources and also the administered climate change which has increased the atmospheric temperature as well as a rise in the sea level. Now, these issues have raised the alarm at a Global level as issues such as loss of biodiversity and climate change have become a cause of concern across the globe.

NEED FOR SUSTAINABLE DEVELOPMENT

Sustainable development is important for finding a balance between economic growth, environmental protection, and social inclusion. Its importance lies in ensuring that current development meets the needs of the present without compromising the ability of future generations to meet their own needs.

Preservation of Resources: Sustainable development provides for the judicious use of available resources to maintain an ecological balance. This approach aims to prevent the overexploitation of natural resources and ensuring that they remain available for the future generations.
Environmental Protection: Sustainable development focuses on minimizing environmental degradation through efforts to reduce pollution and waste. Protecting the environment includes necessary steps to combat climate change by reducing greenhouse gas emissions and promoting cleaner technologies.
Social Inclusion: Sustainable development also focuses on social aspect of the society. These includes providing adequate housing and creating healthy communities. It seeks to ensure that the benefits of economic growth are distributed equitably which will eventually help in improving the quality of life for all individuals.
Economic Growth: Sustainable development promotes economic strategies that promotes long-term growth without causing environmental harm. This includes investing in renewable energy, sustainable agriculture, and green technologies that create jobs while protecting the planet.
Mitigating Climate Change: Adopting sustainable practices can help societies to mitigate the adverse effects of climate change. This involves implementing policies that reduce carbon footprints, enhance energy efficiency, and preserve natural ecosystems.

Therefore, sustainable development is essential for promoting a world where economic progress, social equity, and environmental health are harmoniously balanced, ensuring a viable future for upcoming generations.[8]

SUSTAINABLE DEVELOPMENT IN LEGAL FRAMEWORK

India’s approach to sustainability is noticeable in a variety of its laws and policies. Although the Indian Evidence Act does not have provisions that mentions directly that about the sustainable development but the principles of the act indirectly do so. The Act’s provisions on the admissibility and evaluation of evidence are crucial in legal cases concerning environmental and social justice. Indian courts have recognized the importance of sustainable development. There are various landmark cases that has seen the judiciary enforcing strict measures against environmental degradation, citing the need to balance economic development with ecological preservation.[9]

M.C. Mehta vs Union of India & Ors, 2006 (11) SCC 582[10]

Background: In this case, the petitioner, M.C. Mehta, challenged the legality of ongoing mining activities in certain areas of Haryana. The primary concern was that these activities were allegedly violating previous court orders intended to protect the environment. Specifically, the Court had previously issued orders on 6^th May, 2002, directing the Haryana government to halt all mining activities and the pumping of groundwater within 5 kilometres of the Delhi-Haryana border and in the Aravalli hills due to environmental degradation concerns.

Issue: The key issue here was whether the mining activities in violation of the Supreme Court’s order dated 6^th May, 2002 in the villages located in the District of Faridabad, Haryana. The petitioner and the Amicus Curiae argued that the mining activities in these areas were in violation of the Court’s order and were causing environmental harm. Conversely, the State Government and lease-holders contended that the mining was conducted outside the 5-kilometre restricted zone and therefore did not breach the Court’s orders.

Judgment: The Supreme Court addressed the issue of whether the mining activities in the specified areas were in violation of its previous orders. The Court acknowledged the contention that the mining activities were being conducted within the restricted zones. It was noted that the mining in question did not fall within the 5-kilometer limit specified, but the petitioner argued that this restriction should also apply to the Aravalli hills irrespective of distance from the Delhi-Haryana border. The judgment focused on the need for adherence to environmental protection orders and suggested that the mining activities might be causing degradation of the environment. The Court directed further scrutiny to ensure compliance with its earlier orders and to prevent environmental harm, highlighting the importance of upholding legal and environmental standards.

Such decisions underscore the judiciary’s role in enforcing environmental laws and ensuring that development projects do not harm ecological balance.

ROLE OF INDIAN EVIDENCE ACT IN THE SUSTAINABLE DEVELOPMENT

The Indian Evidence Act does not directly address the sustainable development. However, it plays an important role in ensuring transparent and fair judicial proceedings which indirectly supports sustainable practices. By facilitating the fair adjudication of environmental and social disputes, the Act helps by uphold laws and policies aimed at sustainable development. The Act’s focus on admissible and relevant evidence ensures that judicial decisions are based on factual and reliable information. This is particularly important in cases involving environmental impact assessments and deals with environmental regulations, where accurate data is needed for informed decision-making.[11] For example, in the case law M.C. Mehta vs Union of India & Ors, 2006 (11) SCC 582[12] mentioned above, the Indian Evidence Act allows to determine if mining activities are in compliance with the previous orders of the Supreme Court or in violation of them. Evaluation of evidence in the form of reports, monitoring data, and official statements is done to establish whether the mining operations fall within the restricted zones as prescribed by the orders of this Court. The Court relies upon documentary evidence to assess the status of the mining activities through the Second Monitoring Report, government reports and compliance certificates that have to be presented and examined in accordance with the rules laid out in the Indian Evidence Act. The facts concerning environmental impact and adherence to the court orders and Act may be established from the testimony of witnesses, including officials and experts, and how this testimony should be given, cross-examined, and assessed is spelt out in the Act. The Act makes sure to consider only relevant and admissible evidence, which in this case is the one related to geographical and environmental aspects of the mining activities and whether they are within the confines of the law. Thus, it can be said that the Indian Evidence Act in the above-mentioned case helped in structuring the presentation and examination of evidence to support the decision of the Court on whether the mining activities were lawful or against environmental protection orders.

The Act’s focus on admissible and relevant evidence ensures that judicial decisions are based on factual and reliable information. This is particularly important in cases involving environmental impact assessments and deals with environmental regulations, where accurate data is needed for informed decision-making.[13] Moreover, effective enforcement of environmental laws often depends on the ability to present credible evidence in court. The Indian Evidence Act’s provisions enable the prosecution of violators and the protection of natural resources by ensuring that only relevant and admissible evidence is considered. This legal rigor supports the enforcement of laws designed to protect the environment and promote sustainable practices.[14]The Act also plays an important role in safeguarding the rights of marginalized communities who are affected by environmental degradation. It contributes to social equity and justice, which are the key components of sustainable development by ensuring that their grievances can be effectively presented and adjudicated in court.[15]

CONCLUSION

The Indian Evidence Act is a procedural law but has significant implications for sustainable development. Its role in ensuring fair and transparent judicial proceedings supports the enforcement of environmental regulations, protects the rights of marginalized communities, and promotes accountability. As India continues to move towards its sustainable development goals, the Act’s contributions to legal rigor and justice will remain indispensable. By integrating legal frameworks with sustainable development principles, India can ensure that economic growth, social inclusion, and environmental protection are achieved in a balanced and equitable manner. The Indian Evidence Act, through its provisions and judicial interpretations, thus serves as an important instrument in this ongoing endeavor.

REFERENCES

Indian Evidence Act, ENCYCLOPEDIA BRITANNICA, (23 July, 2024, 07:50 PM) https://www.britannica.com/topic/Indian-Evidence-Act
Astitva Kumar, Indian Evidence Act: An Exhaustive Overview, IPLEADERS (24 July, 2024, 05:16 PM) https://blog.ipleaders.in/indian-evidence-act-1872-an-exhaustive-overview/
Ridhisha Joshi, Understanding the Importance of Indian Evidence Act: A Comprehensive Guide to Evidence in India Courts, THE LAW COMMUNICANTS (July 24, 2024, 03:00 PM) https://thelawcommunicants.com/understanding-the-indian-evidence-act-a-comprehensive-guide-to-evidence-in-indian-courts/
Sustainable development, WIKIPEDI (24 July, 2024, 07:00 PM) https://en.m.wikipedia.org/wiki/Sustainable_development
Krishma Yadav, Sustainable Development and Law, LAWYERSCLUBINDIA (24 July, 2024, 07:10 PM) https://www.lawyersclubindia.com/articles/sustainable-development-and-law-11446.asp
M.C. Mehta vs Union of India & Ors on 13 April 2006, INDIAN KANOON (25 July, 2024, 05:35 PM) https://indiankanoon.org/doc/1512135/
Indian Evidence Act 1872, WIKIPEDI (23 July 2024, 06:45 PM) https://en.m.wikipedia.org/wiki/Indian_Evidence_Act,_1872
Economic and Social Development – Sustainable Development, Poverty, Inclusion, Demographics, Social Sector Initiatives, etc., CLEAR IAS (25 July, 2024, 07:30 PM) https://www.clearias.com/economic-and-social-development/

[1]Indian Evidence Act, ENCYCLOPEDIA BRITANNICA, (23 July, 2024, 07:50 PM) https://www.britannica.com/topic/Indian-Evidence-Act

[2]Astitva Kumar, Indian Evidence Act: An Exhaustive Overview, IPLEADERS (24 July, 2024, 05:16 PM) https://blog.ipleaders.in/indian-evidence-act-1872-an-exhaustive-overview/

[3]Ridhisha Joshi, Understanding the Importance of Indian Evidence Act: A Comprehensive Guide to Evidence in India Courts, THE LAW COMMUNICANTS (July 24, 2024, 03:00 PM) https://thelawcommunicants.com/understanding-the-indian-evidence-act-a-comprehensive-guide-to-evidence-in-indian-courts/

[4]Id

[5]Id

[6] Sustainable development, WIKIPEDI (24 July, 2024, 07:00 PM) https://en.m.wikipedia.org/wiki/Sustainable_development

[7] Krishma Yadav, Sustainable Development and Law, LAWYERSCLUBINDIA (24 July, 2024, 07:10 PM)https://www.lawyersclubindia.com/articles/sustainable-development-and-law-11446.asp

[8] Sustainable Development: Goals, Importance, and Career Guide, COURSERA (29 July, 2024, 09:45 PM) https://www.coursera.org/articles/sustainable-development

[9] Id

[10] M.C. Mehta vs Union of India & Ors on 13 April 2006, INDIAN KANOON (25 July, 2024, 05:35 PM) https://indiankanoon.org/doc/1512135/

[11] Indian Evidence Act 1872, WIKIPEDI (23 July 2024, 06:45 PM) https://en.m.wikipedia.org/wiki/Indian_Evidence_Act,_1872

[12]M.C. Mehta vs Union of India & Ors on 13 April 2006, INDIAN KANOON (25 July, 2024, 05:35 PM) https://indiankanoon.org/doc/1512135/

[13] Indian Evidence Act 1872, WIKIPEDI (23 July 2024, 06:45 PM) https://en.m.wikipedia.org/wiki/Indian_Evidence_Act,_1872

[14] Krishma Yadav, Sustainable Development and Law, LAWYERSCLUBINDIA (24 July, 2024, 07:10 PM) https://www.lawyersclubindia.com/articles/sustainable-development-and-law-11446.asp

[15] Economic and Social Development – Sustainable Development, Poverty, Inclusion, Demographics, Social Sector Initiatives, etc., CLEAR IAS (25 July, 2024, 07:30 PM) https://www.clearias.com/economic-and-social-development/

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