ANDHRA UNIVERSITY

DR. B. R. AMBEDKAR COLLEGE OF LAW

VISAKHAPATNAM, A. P., INDIA.

ARTICLE TITLE

RIGHT TO ENVIRONMENT- A HUMAN RIGHT

DETAILS OF AUTHOR

Nagendra Sai Kalla

Reg..515129002025

Contact no: 9493739595

Email address: naninagendra5566@gmail.com.
Pursuing semester VI in Dr. B. R. Ambedkar College of Law, AU

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 1. Introduction:

India today faces the difficult challenge of protecting its environment while seeking to improve
economically. Although large efforts are needed to successfully integrate these two goals, India
has recently made great strides toward doing so. In areas such as air and water pollution, toxic
chemicals, environmental impact assessment, urban planning and corporate liability, national
legislation has been adopted and important cases have been litigated.

In this article, we will examine citizens' right to a healthful environment under the Indian
Constitution. First, we will set forth the environmental provisions contained in the Indian
Constitution. Next, we will examine the case law interpreting and applying these environmental
provisions. We will conclude by considering how these constitutional provisions are likely to
affect Indian environmental policy in the future.

2. Environmental Provisions in the Indian Constitution:

The Indian Constitution is one of the few in the world that contains specific provisions on the
environment. The directive principles of state policy and the fundamental duties chapters
explicitly enunciate the national commitment to protect and improve the environment. First and
foremost, Article 21 states, "No person shall be deprived of his life or personal liberty except
according to procedure established by law." The courts have held that Art. 21 entitles citizens to
invoke the writ jurisdictions of the High Courts and Supreme Court under Articles 226 and 32 of
the Constitution, respectively. Second, Article 48A requires that "The State shall endeavor to
protect and improve the environment and to safeguard the forests and wildlife of the country."
Third, Article 51A establishes that "it shall be the duty of every citizen of India to protect and
improve the natural environment including forests, lakes, rivers, and wildlife and to have
compassion for living creatures."

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 3. Article 21 of the Constitution

Rural Litigation and Entitlement Kendra v State of Uttar Pradesh 1in which the Rural Litigation
and Entitlement Kendra, Dehradun. The Supreme Court held that right to life guaranteed by
Article 21 seems the most plausible constitutional right involved in the Dehradun Quarrying
case.

In M. C Mehta v Union of India and Others2 court held that "We are conscious that closure of
tanneries may bring unemployment and loss of revenue, but the, health and ecology have greater
importance to the people.

Citizen’s right to a healthful environment was first explicitly recognized by the Supreme Court in
the 1991 case of Subhash Kumar v. State of Bihar3. The Court declared that the right to life
guaranteed by Art. 21 includes the right to enjoy pollution-free water and air.

Again, in the Bangalore Medical Trust case-2 the Supreme Court observed: "The public interest
in the reservation of and preservation of open spaces for parks and playgrounds cannot be
sacrificed by leasing or selling such sites to private persons for conversion to some other user.

In Virendra Gaur and Others v State of Haryana 4 in which the Court held that Article 21
protects right to life as a fundamental right. Enjoyment of life and its attainment including the
right to live with human dignity encompasses within its ambit, the protection and preservation of
environment, ecological balance, free from pollution of air and water sanitation without which
life cannot be enjoyed.

All the State High Courts have explicitly recognized an environmental dimension to Article 21.
In Damodar Rao v Municipal Corporation of Hyderabad5, while considering a writ petition to
enjoin the Life Insurance Corporation and the Income-tax Department from building residential
houses in a recreational zone, the Andhra Pradesh High Court held: "It would be reasonable to
hold that the enjoyment of life and its attainment and fulfilment guaranteed by Art. 21 of the

1
AIR 1988 SC 652
2
AIR 1988 SC 1115
3
AIR 1991 SC 420
4
1995 (2) SCC 577
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AIR 1987 AP 171
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Constitution embraces the protection and preservation of nature's gifts without which life cannot
be enjoyed.

4. Articles 48A and 51A of the Constitution:

The courts relied on these Articles to pass strong and orders and directions. In M C. Mehta v
Union of India and others 6 , the Supreme Court considered the problems of pollution of the
Ganga by the Kanpur Municipal Council. It issued general directions including the following
direction: "Having regard to the grave consequences of the pollution of water and air and the
need for protecting and improving the natural environment which is considered to be one of the
fundamental duties under the Constitution

In its 1991 judgment in MC. Mehta v. Union of India and Others7 (The Delhi Vehicular Pollution
Case), the Supreme Court considered the problem of air pollution caused by motor vehicles
operating in Delhi.

5. Why to Environment is a Human Right?

First, the right to a clean and wholesome environment is clearly a part of the right to life
guaranteed by Article 21 of the Constitution. Second, Articles 48A and 51A have also been
strongly relied upon by Courts to justify interference with State action that is harmful to the
environment. Third, the right to a clean and wholesome environment is not absolute or
unqualified, but is to be balanced against the needs of economic development.

Arts. 21, 48A, and 51A have provided citizens with a direct and efficient means to protect air,
land, and water quality. Arts. 48A and 51A (g) have also played an important role in helping to
steer legislation and national policy in a more responsible and ecologically sound direction.
Given its impact to date, the Indian constitution is likely to play a critical role in India's efforts to
better protect the environment.

6
AIR 1988 SC 1115
7
AIR 1991 SCW 813
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