Right to Clean Environment: Fundamental Right

Introduction:

Indian constitution is the largest constitution in the world. India has numerous cultures and norms however the Indian constitution has united the varied cultures together. Our constitution has provided various rights to its citizens so that they can enjoy their life with the utmost dignity and respect. The fundamental right is the vital chapter in the constitution and without which constitution will lose its importance. The article 21 of the Indian constitution, which is considered as the heart of the fundamental rights, gives the right to life which has a broader meaning and includes least requirements which must exist to permit a person to enjoy life and live with dignity.

Environment is the vital and indivisible part of human life as it provides basic human needs, while not that no human being can survive. Clean environment is crucial to live and enjoy a healthy life. Initially, there were no direct provision in the constitution concerning environment[1] because constitution framers might not feel the need to enact the provision concerning environment protection as there were no industrialization, globalization, transport vehicles etc. to pollute the environment. Environmental pollution was not an issue earlier, but now increase in Industrialization, manufacturing and transport vehicles in conjunction with fuel intense machines greatly contributed to the pollution and environmental crisis. With the advancement of science and technology and consequently pollution and environmental crisis, forced to made laws and provision to shield environmental degradation legally.

Constitutional Provisions for Environmental Protection

Environment is a basic human right not solely to humans, conjointly for animals.[2] The first step to incorporate a provision to shield the environment in the constitution was the 42^nd amendment, which incorporate DPSP and Fundamental duties in the constitution. Article 48 (A) incorporated, which states that “Protection and improvement of environment and safeguarding of forests and wildlife. The state shall endeavour to protect and improve the environment and to safeguard the forest and wildlife of the country.”[3] Also, in part IV of the constitution, under article 51 (A)(g) incorporated the fundamental duty which states that, “to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.”[4] Though these provisions are non-enforceable in the court of law, but it pins the state and citizens to their obligations to protect and preserve the environment.

Article 21 states that “No person shall be deprived of his life or personal liberty except according to procedure established by law.”[5] Here life does not mean merely animal existence[6] or survival. Supreme court in several judgements, has widened to the scope of the term life. It includes all minimum necessities that are required to enjoy the life with utmost dignity and respect. In the case Charan Lal Sahu vs Union of India, [7] the supreme court addressed the link between environmental quality and right to life[8] and the right to clean environment becomes in the ambit of fundamental right under article 21.

We often say that Mens sana in corpore sano which means healthy mind resides in a healthy body. To keep ourselves healthy, we need a clean environment which leads to a healthy body and mind. Citizens physical and mental health are associated with the environment, and to maintain their physical and mental health, protection, preservation and maintenance of environment and ecology is necessary.[9] In the case Subhash Kumar vs State of Bihar,[10] Supreme Court held that “the right to the enjoyment of pollution-free air and water includes in the right to life under article 21 and anything damages the quality of life in contrast with laws, citizens have the recourse of article 32 to approach the supreme court to remove pollution which are detrimental to life.”

Supreme Court in its many judgements has stated the importance of the environment. Protecting and preserving is not only the duty of the state but also every citizen of India and Hygienic environment is an integral facet of right to life under article 21.[11]

National Green Tribunal

To address the cases related to the environment, the National Green Tribunal was established under the National Green Tribunal act 2010. The purpose of NGT is to provide effective and speedy trials of cases distressing to the environment, its maintenance and compensation for damages caused to people or property due to desecration of environmental laws. NGT has the power to hear civil cases relating to environmental laws which include The Water (Prevention and Control of Pollution) Act, 1974, The Forest (Conservation) Act, 1980, The Air (Prevention and Control of Pollution) Act, 1986, The Biological Diversity Act, 2002 etc.[12]

COVID-19 crisis has shown that the pollution is increasing because of human activities. The pollution level falls drastically since the lockdown as many industries and human activities shut down.[13] Many movements and protests are being held across the world to save the nature and climate change e.g. Fridays for Future.[14] Such movements are making public awareness and demanding strict actions to protect the environment.

There is a need to strengthen the environmental awareness and laws so that people will think before degrading the environment for their selfish purpose. The natural resources including water, air, land, flora and fauna must be protected so that present and future generation can avail these natural privileges.

Conclusion

Environment is an inevitable part of human and animal life. By including the right to clean environment in the ambit of right to life, the Hon’ble Supreme Court has taken a great step and increased its importance and easy to approach the court if it violates. At this point, only need is to aware the people about the protection and conservation of the environment. It’s the need of an hour to take proper actions to save the environment and prevent climate change otherwise our future generation won’t be able to enjoy this privilege of environment.

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References:

[1] Dr. H. N. Tiwari, Environmental Law, Allahabad law agency, Third edition (2005), pg 79

[2] Aditi Singh, “Right to Environment: A Basic Human Right”, Legal Service India, available at http://www.legalservicesindia.com/article/1509/Right-to-Clean-Environment:-A-basic-Human-Right.html#:~:text=A%20healthy%20environment%20is%20an,other%20animals%20on%20the%20planet.&text=Article%2021%20of%20the%20Indian,to%20procedures%20established%20by%20law., accessed on June 23, 2020

[3] Article 48 (A), The Constitution of India, 1950

[4] Article 51 (A) (g), The Constitution of India, 1950

[5] Article 21, The Constitution of India, 1950

[6] Kharak Singh vs State of UP, 1963 AIR 1295, 1964 SCR (1) 332

[7] 1990 AIR 1480, 1989 SCR Supl. (2) 597

[8] Dr. Darsini & Prof. Devi, “Article 21 of Indian constitution- A mandate to pollution free environment”, Legal Service India, available at http://www.legalserviceindia.com/article/l399-A-Mandate-To-Pollution-Free-Environment.html, accessed on June 22, 2020.

[9] R. S. Verma vs State of Rajasthan, AIR 2004 Raj, RLW 2003 (2) Raj 1314, 2002 (2) WLC 68

[10] (1991) 1 SSC 598

[11] Virendra Gaur vs state of Harayana, (1994) 6 SCR Supp. 78

[12]  Praveen Bhargava, “Everything you need to know about the National Green Tribunal (NGT)”, Conservation India, May 2, 2011, available at https://www.conservationindia.org/resources/ngt, accessed on June 23, 2020

[13] Soutik Biswas, “India Coronavirus: Can the COVID-19 lockdown spark a clean air movement?”, BBC, April21, 2020, available at https://www.bbc.com/news/world-asia-india-52313972, accessed on June 23, 2020

[14] Laville and Watts, “Across the globe, , millions join biggest climate protest ever”, The Guardian, Sept 21, 2020, available at https://www.theguardian.com/environment/2019/sep/21/across-the-globe-millions-join-biggest-climate-protest-ever, accessed on June 23, 2020