RIGHT TO CLEAN ENVIRONMENT AND FUNDAMENTAL RIGHTS

WHY ENVIRONMENTAL PROTECTION MATTERS

A clean environment is essential for a healthy life. Clean air, water, and soil are vital for
public health, and everyone has the right to live in a healthy, safe environment. Governments
are responsible for ensuring this right, but in developing countries, resource limitations and
infrastructure challenges make it more difficult to enforce.

GLOBAL PERSPECTIVE ON ENVIRONMENTAL RIGHTS

Some argue that the right to a clean environment is already implied within human rights
frameworks, while others believe it should be specifically stated as an independent right. A
healthy environment is crucial because it impacts not only human health but also the well-
being of all living beings, who are interconnected.

KEY INTERNATIONAL EVENTS & DOCUMENTS

 Stockholm Conference (1972): The conference recognized the right of all people to
live in a healthy environment, emphasizing the state's responsibility to prevent
pollution and protect health.

 UN Resolution 45/94: Recognized everyone’s right to a healthy environment, adding

legitimacy to environmental rights on a global scale.

 Rio Earth Summit (1992): Focused on sustainable development, which balances

human development with environmental conservation, although it did not explicitly
recognize the right to a healthy environment.

ENVIRONMENTAL RIGHTS IN INDIA

 Constitutional Framework:

o 42nd Amendment Act (1976): This amendment added Article 48A and
Article 51A(g) to the Constitution, laying the foundation for environmental
protection and citizens’ duties to protect the environment. Article 48A directs
the state to protect and improve the environment, while Article 51A(g) makes
it the duty of citizens to show compassion for animals and preserve nature.

o Article 253: Empowers Parliament to make laws for implementing

international treaties, agreements, or conventions related to environmental
protection, ensuring India's commitment to global environmental standards.

 Judiciary:

o The Indian Supreme Court has significantly expanded the scope of Article
21 (Right to Life) to include the right to a clean, pollution-free environment.
This includes the right to live with dignity and maintain an ecological balance,
which is central to the right to life.
ENVIRONMENT & DEVELOPMENT
 Sustainable Development: This approach seeks to balance economic growth with
environmental protection, recognizing that development must not come at the cost of
depleting natural resources for future generations.

 India's Development: The post-liberalization period saw rapid industrialization and

urbanization in India, which has led to significant environmental harm, including loss
of forests, pollution, and species extinction. This poses a challenge to achieving
sustainable development.

ENVIRONMENTAL ISSUES
 Air Pollution: India faces severe air pollution, especially in large cities, with levels of
dust and harmful gases such as nitrogen, sulphur, and carbon well above safe limits.

 Water Pollution: Industrial waste, untreated sewage, and agricultural runoff have
polluted India's water bodies, rendering them unsafe for consumption and leading to
health hazards.

 Degradation: Deforestation, land degradation, and biodiversity loss are major

concerns, with many species facing extinction due to habitat destruction.

CHALLENGES IN DEVELOPED AND DEVELOPING COUNTRIES

Environmental Issues and Global Cooperation

Advancements in science and technology have helped developed nations grow, tackle
poverty, and reduce pollution. However, developing nations, though rich in resources, face
technological challenges and pressure from globalization, often neglecting environmental
goals.

Challenges in Achieving Sustainable Development Goals (SDGs)

The 1992 Rio Summit focuses on sustainable development i.e. helps countries grow their
economies in a way it uses the resources to meet the needs of present without compromising
the needs of the future generation. But due to globalization, mostly led by the developed
countries, the focus has shifted more toward making money than protecting the planet. Many
people think that large companies and the rush for quick economic growth have taken
attention away from the main goals of the Earth Summit.

Environmental Impact of Globalization

Globalisation has caused serious problems like air and water pollution, cutting down forests,
and climate change. Developed countries now face health problems from pollution, while
developing countries suffer both from environmental damage and from not having basic
needs like clean water, food, and healthcare. This makes it harder for the world to achieve
true sustainable development.
Principles of Sustainable Development
Three key principles guide environmental efforts:

1. Inter-generational Equity – Protecting resources for future generations.

2. Precautionary Principle – Preventing environmental harm through anticipatory action.

3. Polluter Pays Principle – Holding polluters accountable by making them bear the cost of
pollution.

These principles should apply to both developed and developing countries.

Global Climate Change Commitments

Developed countries, especially the US, are often blamed for not following climate rules,
while the developing countries cause less pollution and still try to reduce it, even though they
don’t have as many resources.

North-South Divide and Solutions

The North-South divide shows that developed countries have caused more harm to the
environment in the past, while the developing countries suffer more from its effects. Some
simple solutions are:

1. Global Sharing Approach – Countries should share knowledge and work together to
solve environmental problems.

2. Science and Technology Approach – Countries should spend money on better and
cleaner technology to protect nature.
ENVIRONMENT PROTECTION AND THE INDIAN JUDICIARY

INDIAN EFFORTS TOWARDS A CLEAN ENVIRONMENT

India has made many efforts to protect the environment by creating laws, signing
international agreements, and using the courts to ensure a clean environment. The
government, courts, and citizens all play important roles in these efforts.

INDIA'S ROLE IN ENVIRONMENTAL PROTECTION

India has signed many international agreements to protect the environment. It has also passed
important laws to safeguard the environment. In addition to this, the Indian courts play a big
role in protecting the environment by ensuring that laws are followed and that actions
harming the environment are stopped.

ENVIRONMENTAL LEGISLATIONS

Environment (Protection) Act, 1986 (EPA)

The EPA gives the Central Government the power to:

 Set rules and standards to protect the environment.

 Control industrial activities that can harm the environment.

 Close down industries that cause pollution.

The Act also includes important notifications like:

 Environmental Impact Assessment (EIA): Checks if a project will harm the

environment before it starts.
 Coastal Regulation Zone (CRZ): Protects coastal areas from harmful activities.

MAJOR INDIAN ENVIRONMENTAL LAWS

1. Forest & Wildlife Protection:

o Indian Forest Act, 1927: Controls forests and forest products.

o Forest (Conservation) Act, 1980: Stops Forest land from being used for other
purposes without government approval.

o Wildlife (Protection) Act, 1972: Protects wildlife and bans hunting.

2. Pollution Control:
o Water (Prevention & Control of Pollution) Act, 1974: Punishes water
pollution.

o Air (Prevention & Control of Pollution) Act, 1981: Sets rules for air
pollution and emissions from industries.
 3. Hazardous Substances:
o Hazardous Wastes Rules, 1989: Ensures safe handling and disposal of
dangerous waste.

4. Other Environmental Rules:

o Coastal Regulation Zone Notification, 1991: Protects coastal areas.

o Biodiversity Act, 2002: Protects India’s biological diversity.

16.5.2: ROLE OF JUDICIARY (COURTS)

Indian courts are important for protecting the environment. They use Article 21 of the Indian
Constitution, which guarantees the Right to Life, to include the right to a healthy and clean
environment. The courts also allow Public Interest Litigations (PILs), which are legal cases
that people can file to protect the environment and public interest.

IMPORTANT ENVIRONMENTAL CASES

1. MC Mehta v. Union of India (1987)

This case was about a gas leak disaster in Delhi. The court took action to ensure that
industries follow safety rules to prevent such accidents. The case focused on protecting
human life from the dangers of industrial accidents.

2. Taj Mahal Case (1997)

In this case, the court ordered that industries near the Taj Mahal stop using coal-based fuels
that were polluting the air and damaging the Taj Mahal. The court also required the industries
to use cleaner fuels and create green belts around the area to protect it.

3. Environmental Awareness Case (1992)

In this case, the court ordered that environmental education should be taught in schools and
universities. It also directed that awareness campaigns should be run in cinema halls and
media to help people understand the importance of protecting the environment

4. RANJITSINH AND OTHERS VS AND OTHERS UNION OF INDIA AND ORS

The case Ranjitsinh and Ors vs Union of India and Ors was filed to protect the Great
Indian Bustard (GIB), an endangered bird in India, mainly found in Rajasthan. The
petitioners asked the Supreme Court of India to take action because the GIB’s population
was rapidly declining due to threats like loss of habitat, power lines, predators, and human
activities.

Key Requests from Petitioners:

1. Urgent protection measures like removing dangerous power lines, stopping new
development projects, and creating safe zones for the birds.
2. Improving breeding centres for the GIB.
 3. Preserving grasslands that are crucial for the GIB’s survival.

4. Raising awareness, particularly within the military, about the need for conservation.

5. Creating a committee to monitor and ensure the proper implementation of these

actions.

Judgment:
The Supreme Court agreed with the petitioners and ordered the government to take
immediate steps to protect the GIB, including:

1. Removing harmful infrastructure like power lines.

2. Creating protected breeding areas.

3. Preserving grasslands and preventing their misuse.

4. Setting up a committee to oversee conservation efforts.

The court made it clear that saving the GIB is a national responsibility and all states must
cooperate to prevent its extinction.