Right to Clean and Healthy Environment under Indian Constitution: An Analysis
Right to Clean and Healthy Environment under Indian Constitution: An Analysis
1. Is it a Fundamental Right?
The Indian Constitution does not explicitly mention the right to a clean and healthy environment as a fundamental right.
However, the Supreme Court of India through judicial interpretation has expanded the scope of certain fundamental rights to include this right.
2. Judicial Interpretation and Landmark Judgments
Article 21: Right to Life and Personal Liberty
The Supreme Court has interpreted the Right to Life under Article 21 to include the right to live in a clean and healthy environment.
Landmark Cases:
Subhash Kumar v. State of Bihar (1991): Court held that the right to life includes the right to enjoyment of pollution-free water and air.
M.C. Mehta v. Union of India (1987): Established environmental protection as part of fundamental rights and introduced principles like Precautionary Principle and Polluter Pays.
Directive Principles of State Policy
Article 48A: Directs the State to protect and improve the environment and safeguard forests and wildlife.
Though non-justiciable, it guides legislative and executive actions.
Fundamental Duties
Article 51A(g): Imposes a duty on citizens to protect and improve the natural environment.
3. Scope of the Right
Includes protection against air, water, and noise pollution.
Right to a safe, clean environment is linked to health and well-being.
Encompasses protection of biodiversity, forest, and natural resources.
4. Challenges in Enforcement
| Challenge | Explanation |
|---|---|
| Judicial Activism vs. Executive | Courts sometimes step in due to lax enforcement by authorities. |
| Lack of Awareness | Public and authorities may not fully realize the scope of this right. |
| Balancing Development & Environment | Conflict between economic growth projects and environmental preservation. |
| Inadequate Implementation | Laws exist but enforcement is weak and fragmented. |
5. Significance
Recognizing this right has led to progressive environmental jurisprudence in India.
Empowers citizens and NGOs to seek legal remedy for environmental harm.
Acts as a basis for public interest litigation (PIL) in environmental cases.
6. Conclusion
The Right to Clean and Healthy Environment in India, though not explicitly stated, is firmly rooted in the Right to Life (Article 21). The judiciary’s progressive interpretation has made it a fundamental aspect of environmental protection, reinforcing the state’s obligation to provide and citizens’ entitlement to a pollution-free environment.
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