Right to Live in a Healthy Environment: A Fundamental Right for All?
Right to Live in a Healthy Environment: A Fundamental Right for All?
Introduction
The Right to Life under Article 21 of the Constitution of India is one of the most sacred fundamental rights guaranteed to all citizens. Over the years, the judiciary has expanded the scope of this right to include various dimensions essential for a dignified life — including the right to live in a healthy environment.
Living in a clean, safe, and pollution-free environment is essential to preserve life and health. Hence, the right to a healthy environment has emerged as an intrinsic part of the Right to Life.
Legal Basis: Article 21 of the Constitution of India
Article 21 states: "No person shall be deprived of his life or personal liberty except according to procedure established by law."
The Supreme Court has interpreted “life” to mean more than mere existence. It includes the right to health, clean water, clean air, and a wholesome environment.
Judicial Interpretation and Development
Expansion of Article 21 to Include Environmental Rights:
The courts have taken a progressive and liberal approach to incorporate environmental protection within the ambit of the right to life.
Key Case Laws
1. Subhash Kumar v. State of Bihar (1991 AIR 420)
The Supreme Court held that the right to life includes the right to enjoyment of pollution-free water and air for full enjoyment of life.
It recognized that the right to a healthy environment is a fundamental right protected under Article 21.
2. M.C. Mehta v. Union of India (1987 AIR 1086) (Taj Trapezium Case)
The Court directed the closure or relocation of industries polluting air around the Taj Mahal to protect the environment.
The case expanded the responsibility of the state to protect the environment as part of its constitutional duty.
3. Indian Council for Enviro-Legal Action v. Union of India (1996 AIR 1446)
The Court held that the state and polluters are liable to pay compensation for environmental damage.
It reaffirmed that environmental degradation violates Article 21.
4. Vellore Citizens Welfare Forum v. Union of India (1996 AIR 2715)
Introduced the Precautionary Principle and Polluter Pays Principle in Indian environmental jurisprudence.
Reaffirmed that sustainable development and environmental protection are part of the fundamental right to life.
5. MC Mehta v. Kamal Nath (1997 AIR 3881)
Emphasized that the right to a healthy environment is part of Article 21 and the state has an obligation to protect it.
Courts can invoke public trust doctrine where natural resources are preserved for public use.
International Recognition
The United Nations has recognized the right to a healthy environment as a human right.
Various international declarations (e.g., Stockholm Declaration 1972) affirm the right to live in a safe and healthy environment.
Importance of the Right to a Healthy Environment
Pollution, deforestation, climate change, and environmental degradation impact health and quality of life.
Ensuring a healthy environment safeguards public health, biodiversity, and future generations.
Protects the vulnerable and marginalized communities disproportionately affected by environmental harm.
Limitations and Challenges
Environmental rights sometimes conflict with developmental activities.
Enforcement of environmental laws is often weak.
Balancing economic growth and environmental protection remains a key challenge.
Conclusion
The right to live in a healthy environment is now recognized as a fundamental right under Article 21 of the Indian Constitution by judicial interpretation. It is an essential aspect of the right to life, encompassing clean air, water, and a sustainable natural habitat.
This right imposes a constitutional obligation on the state and other stakeholders to prevent environmental harm and ensure sustainable development, making the environment a core component of human rights.
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