Author – Yash Bundela
College – SAGE University, Indore
Abstract – The Right to clean environment is a fundamental Right and also an emerging issue of 21 century for us. The Right is not defined under constitution directly but connected to the Article-21 which tells about Right to life and personal liberty. This is an Article which examines the constitutional framework and statutory provisions, issues, legal precedents and future conditions of environment in Indian.
To the Point
As we know a clean environment is a basic essential for our life. Without it the survival of humans as well as other living beings is not possible. But in current scenario the condition of environment is very serious and problematic. And that problem occurs because of various things like pollution, deforestation, weak Govt. policies & its implementation etc.
Clean environment is not only a social & legal right but it is a constitutional obligation under Right to Life (Article 21). As per this provision every person have a right to live a healthy and free life with neat & clean environment.Thus, clean environment is very neceleery for us and the state and Govt. has a duty to save the environment.
Use of legal Jargon
• Article 21 of Indian Constitution give a Right to life & personal liberty, so it also covers a Right to neat & clean environment that states the people should living in a pollution free, healthy and clean environment. This right is expanded by Supreme Court of India through its legal interpretations and Judgements.
• Article 48 A of Indian Constitution that covers Directive Principles of State Policy directs to Govt. and state to protect and improve the environment. Environment and to safeguard the forests and wildlife of Nation. It was amended by the 42ndAmendment in 1976 that upholds the values of clean and pure environment for people as well as living beings and also modestly linked with Article 21.
• Article 51A (g) of Indian Constitution states a Fundamental Duties towards citizens for the protection of Natural environment and its improvements.
• Besides these there is also other laws & statutes exist such as Environment Protection Act 1986, Water Pollution Act 1974, Air (Prevention & Pollution Control) Act 1981.
The Proof
The condition of environment in India needs urgent solution because as per reports or other parameter this is not healthy for us. In fact in some cities people facing an adequate problems regarding health because of polluted environment.
And Judicial Pronouncements and Decisions also acknowledged that the importance of environment protection through its various Judgements like M.C. Mehta cases, Subhash Kumar case and others. These all cases contribute and raised the issues about environment protection. Through that Indian Judiciary continuously expanding the scope of Article 21 and taking that problem as a constitutionally not ordinary.
Case laws
Rural litigation and entitlement Kendra vs. State of Uttar Pradesh (1988) —
In this case the supreme court held that Clousre of limestone Quarries which was making the environmental damages in the Mussoories hills and other places hilly Region.
MC Mehta vs. Union of India (oleum gas leak case) (1986) —
This Was a landmark Judgement on the environmental issues in this case the Supreme Court established the Principle of Absolute liability for hazardous industries.
Subhash Kumar vs. State of Bihar (1991) — The court held that the Article 21 which includes Right to life which also includes a Right to live in Pollution free Environment.
Vellore Citizens welfare forum vs. Union of India.-
In the case of Vellore citizen forum the court gives a Principles like Polluter Pays and Precautionary principles for environment laws.
MC Mehta vs. Kamal Nath (1997)-
In this case the court Applied Public trust Doctrine and held that the Natural resources cannot be exploited for private gain if they given to Public trust by state.
M.C. Mehta vs. UOI. (Taj Trapezium case). (1996) –
In this case industries the court held that shifting of industries from the Taj Mahal nearby area because of Protection of Taj Mahal by Air Pollution.
Conclusion
As per the current scenario The Right to clean Environment is not only a Constitutional Right and obligation but a Basic neccessity. As Article 21 is our clean Environment Right So the Judiciary of India is also gave their Strong contribution to expand its Scope. Now we are also facing a serious issue regarding the environment
Such as climate change and other issues and we also lacking in implementation of environmental laws. The environment issues is not a separate or individual violation of Right it affects each and every person so we need to combat it by Unitedly through the Govt. Policies and other legal as well as solutions. Thus clean environment is very important for us and our future one as well too.
FAQ’s
(1). If Right to Clean Environment have a Constitutional basis ?
-Article 21 gives a Right to life So Right to clean environment is also included in it and it is a fundamental Right under the Indian constitution.
(2). Is there any other law exist for environment Protection?
-There are following laws exist for environmental Protection in India —
Environment Protection Act 1986
Water (Prevention and Control Act ) 1974
Air (Protection and Control of Pollution Act 1981.
The wildlife Protection Act 1972.
