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Right to Clean Environment Under Article 21

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0% found this document useful (0 votes)
143 views2 pages

Right to Clean Environment Under Article 21

Uploaded by

Keshni goel
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Article 21-Right to Life and Right to Clean, Healthy Environment

A.21 guarantees right to life and personal liberty, does not directly confer right
to clean, unpolluted and healthy environment. But the various judicial
pronouncements have expanded the right to life and personal liberty by
recognising various “unarticulated” liberties as recognized by Article 21.
Various provisions of the other environmental laws like the Water (Prevention
and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution)
Act, 1981, have also been enforced by the court under Article 21.
MC Mehta vs Kamal Nath
• In order to afford protection to ‘life’, in order to afford protection to
‘environment’ and in order to protect ‘air, water and soil’ from pollution,
the court through its various judgements has given effect to the rights
available, to the citizens and other persons under A.21 of the
Constitution.
MC Mehta vs UOI (Ganga Pollution case)
T. Damodar Rao vs. Municipal corporation
• Andhra Pradesh HC made it clear that there can be no reason why
practice of violent extinguishment of life alone should be regarded as
violative of A.21 of the Constitution. Slow Poisoning of the atmosphere
should be regarded as amounting to violation of Right to Life.

Sustainable development a part of a. 21


The balancing concept can be considered as the origin of sustainable
development. The objective of sustainable development is to fulfil the current
needs of the people without diminishing the ability of future generations to get
access to natural resources. It was introduced first time by Stockholm
conference, 1972.
ND JAYAL vs. Union of India
• The petitioner urged the court to issue necessary directions to conduct
further safety tests to ensure the safety of the dam at Tehri for hydel
power and look into the rehabilitation aspects of the migrants.
• The court held that right to environment is a fundamental right and so is
right to development. The right to sustainable development cannot be
treated different.
Precautionary Principle
This principle shifts the burden on the polluter to prove that his activity is not a
health hazard. Earlier the concept of “assimilative capacity” was provided by
Principle 6 of the Stockholm Declaration. Principle 6: science can give
information to assess the threat to the environment and also reveal the
measures to protect the environment.
Polluter Pays Principle
The polluter pays principle states the industrialist is the person who must
pay for pollution, damage to person and property and restore the
environment.

DPSPs and the Environment


Article 47 Duty of the State to raise the level of nutrition and the standard of
living and to improve public health. The State shall regard the raising of the
level of nutrition and the standard of living of its people and the improvement
of public health as among its primary duties and, in particular, the State shall
endeavour to bring about prohibition of the consumption except for medicinal
purposes of intoxicating drinks and of drugs which are injurious to health.

Common questions

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The Indian constitutional and legal frameworks establish a nuanced relationship between industrial development and environmental protection by endorsing sustainable development. According to these frameworks, while development is essential for economic progress, it must not compromise environmental integrity. Article 21 has been interpreted to balance development with environmental protection, ensuring that the needs of the present are met without jeopardizing future resources. Legal principles like the Polluter Pays and Precautionary Principles further enforce this balance by holding industries accountable for environmental harm and cautioning against unchecked development. This synergy fosters a regulatory environment where economic growth is pursued in harmony with ecological preservation .

The judiciary in India has expanded the interpretation of Article 21, which guarantees the right to life and personal liberty, to include environmental rights. This expansion has been achieved through various judicial pronouncements that recognize unarticulated liberties under Article 21. Courts have interpreted this provision to include the right to a clean, unpolluted, and healthy environment as essential to the right to life. This interpretation has been enforced through cases such as MC Mehta vs Kamal Nath and MC Mehta vs Union of India (Ganga Pollution case), where the courts emphasized that protection of the environment is integral to the right to life. The practice of slow poisoning of the environment has been deemed a violation of Article 21, reflecting a progressive judicial approach to environmental rights .

The Directive Principles of State Policy (DPSPs) play an influential role in shaping India's environmental legal framework by guiding the policies towards improving public health and protecting the environment. Article 47 directs the State to enhance nutrition, standard of living, and public health, indirectly promoting environmental well-being by advocating for the prohibition of harmful substances except for medicinal purposes. While not justiciable, these principles serve as a roadmap for enacting laws and policies that align with sustainable development and environmental conservation. Thus, DPSPs complement the enforceable rights under Article 21, fostering an overarching policy environment that supports environmental goals .

Judicial activism has significantly impacted environmental governance in India by catalyzing legislative and policy changes and ensuring the enforcement of environmental laws. Through proactive judgments, such as those in the cases of MC Mehta vs Kamal Nath and the Ganga Pollution case, the judiciary has expanded the scope of Article 21 to encompass environmental rights, effectively making environmental protection a constitutional mandate. The courts have also played a pivotal role in implementing principles like the Polluter Pays Principle and the Precautionary Principle, thereby enhancing accountability and encouraging preventive action. This activism has filled the gaps in legislative action, compelled adherence to existing laws, and inspired new legal frameworks for environmental protection .

The 'Polluter Pays Principle' is a key component of both Indian environmental law and environmental economics. This principle stipulates that the polluter, typically an industrialist who has caused environmental damage, must be financially responsible for rectifying the damage caused to the environment and affected individuals. This includes paying for pollution cleanup, compensating for any harm caused to people and property, and restoring the environment to its original state. This principle helps internalize the costs of environmental degradation, ensuring that those responsible for pollution bear the economic burden, rather than society at large. It aligns with economic theories that promote efficient allocation of resources, as it incentivizes businesses to adopt cleaner technologies and sustainable practices .

The Stockholm Conference of 1972 profoundly influenced the development of environmental law in India by introducing foundational principles like the Precautionary Principle and the concept of sustainable development. These principles emphasized cautious action and sustainable use of resources, paving the way for legal innovations in environmental protection. The conference highlighted international concerns about environmental degradation, prompting India to enact laws like the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981. These laws were enforced through the Indian judiciary's expanded interpretation of Article 21, which integrated these global principles into national legal frameworks for a cohesive approach to safeguarding the environment .

The recognition of environmental rights as fundamental rights significantly alters environmental policymaking and enforcement in India by elevating these rights to constitutional status. This shift obliges the government to prioritize environmental protection in its policy agenda and ensures rigorous enforcement of environmental laws. It empowers citizens to seek judicial intervention against non-compliance and negligent practices, making governmental and industrial accountability more feasible. This recognition has led to stricter judicial scrutiny of development projects impacting the environment, thus shaping policies that simultaneously address environmental conservation and socio-economic development in a balanced manner .

The Precautionary Principle plays a crucial role in shaping environmental protection strategies in India by shifting the burden of proof onto the polluter. Under this principle, it is the responsibility of the polluter to demonstrate that their actions do not harm human health or the environment. This proactive approach encourages caution in industrial activities and promotes sustainable development by mitigating potential environmental risks before they manifest as damage. As introduced in the Stockholm Declaration, this principle insists that scientific assessment should guide actions that could potentially affect the environment, thus, fostering an anticipatory mindset among policymakers and industries .

Sustainable development has been integrated into the interpretation of Article 21 in India by aligning the right to a clean environment with developmental goals. The judiciary has interpreted the right to life to include the right to a healthy environment, which inherently encompasses sustainable development. This interpretation ensures that development does not compromise the environmental rights of future generations. In various judgments, such as in ND Jayal vs. Union of India, the courts acknowledged sustainable development as a component of Article 21, emphasizing the need to balance environmental protection with developmental needs. This reflects a broader understanding that long-term sustainability is essential for fulfilling the rights enshrined in the Constitution .

The judicial interpretation of the 'right to life' in India has broadened to include the right to a clean and healthy environment, addressing issues of environmental degradation. Courts have ruled that environmental degradation, such as pollution and deforestation, directly infringes upon the right to life by threatening health and well-being. This interpretation is evident in cases like T. Damodar Rao vs. Municipal Corporation, where the court explicitly stated that the slow poisoning of the atmosphere constitutes a violation of Article 21. By equating ecological harm with unjust life deprivation, the judiciary underscores the importance of environmental protection as intrinsic to the right to life, thereby mandating state action to prevent environmental degradation .

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