ANSWER 2-

INTRODUCTION

A rapid increase in global warming, deforestation, air, water and other forms of pollution is
posing a great threat to the environment and its living beings. The degradation of the
environment through many activities carried on by individuals is detrimental to the health of all
the living beings, including human beings, plants and animals.

Fundamental status has been given to the concept of protecting the environment as it is essential
to promote human health to have a healthy environment and affords a right to a healthy
environment to all. Preserving the environment protects the health of every individual and a
healthy individual promotes the development of the environment which is the need of the hour. It
is fundamental human right to live in an unpolluted environment. It is fundamental duty of every
individual to maintain purity of environment and to protect and improve the environment is a
constitutional mandate. The Indian Constitution contains specific provisions for environment
protection under the chapters of Directive Principles of State Policy and Fundamental Duties.
This answer seeks to explore right to environment as fundamental rights and the Interpretation
of Article 21, Article 48A and Article 51A (g) of the Constitution of India in relation to the
environment protection?

INTERPRETATION OF ARTICLE 21 IN RELATION TO ENVIROMENT

PROTECTION

Article 21 of the constitution of India provides for the right to life and personal liberty, it states
“No person shall be deprived of his life or personal liberty except according to procedure
established by law.” This article imposes a duty on the state to protect the life and liberty of the
people. The concept of the right to life has been broadened through the judicial pronouncements.
While resolving cases relating to the environment, the judiciary considered the right to clean or
the good environment as fundamental to life and upheld as a fundamental right.

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The Judiciary has played a vital role in interpreting the Article 21 of the Indian Constitution. The
scope of Article 21 of the Constitution has been considerably expanded by the Indian Supreme
Court, which has interpreted the right of life to mean the right to live a civilized life and it also
includes the right to clean environment. The relevant case law in relation to Article 21 are -:

• Subhash Kumar v. State of Bihar

In the instant case, the Court observed that ‘right to life guaranteed by article 21 includes the
right of enjoyment of pollution-free water and air for full enjoyment of life.’ Through this case,
the Court recognised the right to a wholesome environment as part of the fundamental right to
life. This case also indicated that the municipalities and a large number of other concerned
governmental agencies could no longer rest content with unimplemented measures for the
abatement and prevention of pollution. They may be compelled to take positive measures to
improve the environment.

• Rural Litigation and Environment Kendra, Dehradun vs. State of Uttar Pradesh

In this case, the representatives of the Rural Litigation and Entitlement Kendra, Dehradun wrote
to the Supreme Court alleging that illegal limestone mining in the Mussorie-Dehradun region
was causing damage to the fragile eco-systems in the area. Therefore, the Court ordered the
closure of a number of limestone quarries. Although the Court did not mention any violation of
fundamental right explicitly it impliedly admitted the adverse effects to the life of people and
involved a violation of Article 21 of the Constitution

• M.C. Mehta vs. Union of India (Vehicular Pollution Case)

This case has served to be a major landmark because of which lead-free petrol supply was
introduced in Delhi. There was a complete phasing out old commercial vehicles more than 5
years old as directed by the courts

• Murli S. Deora vs. Union of India

In the instant case, it was pointed out by the Court that: “Since article 21 of the Constitution
guarantees that none should be deprived of their life, then why should a non-smoker become the
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victim of the whole process. It was contended that smoking is injurious to health and may affect
the health of smokers but there is no reason that health of passive smokers should also be
injuriously affected.

INTERPRETATION OF 48 (A) AND 51A (g) IN RELATION TO

ENVIROMENT PRTOTECTION

Through a constitutional amendment, two specific provisions i.e. Article 48-A and Article 51-A
(g), has been added which imposes the duty on the state as well as the citizens of the state to
protect and conserve the environment. Article 48 A of the constitution states that state shall
endeavor to protect and improve the environment and to safeguard the forests and wild life of
country. Article 51A (g) enjoins it as fundamental duty of every citizen to have compassion for
living

• M.C. Mehta v Union of India, AIR 1997

The Apex Court gave several directions banning the use of coal and cake in the Taj Trapezium. It
also encouraged the use of Compressed Natural Gas (CNG).

• Indian Council for Enviro-Legal Action v Union of India, AIR 1996

The Supreme Court, in this case, put to use the “Polluter-Pays” principle which means that those
who pollute must pay the costs of preventing and repairing the damage due to the pollution that
was caused by them The Court gave directions to the Central Government to recover the amount
from the defaulters in the case.

• Rural Litigation and Entitlement Kendra, Dehradun v State of Uttar Pradesh

This case was one of its kinds. It brought into focus the conflict between development and the
environment. It was filed against limestone quarrying in the Dehradun valley. The Apex Court
held that such quarrying activities go against the environment.

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 • Kinkeri Devi v. State,

Himachal High Court states that in Article 48-A and Article 51-A(g) it was held that it is both
constitutional pointer to the state and the constitutional duty of the citizens not only protect the
environment but also improve it and to preserve and safeguard the forests, the flora and the
fauna, the rivers and the lakes and all other water resources of the country.

RIGHT TO ENVIRONMENT AS FUNDAMENTAL RIGHT

The right to live in clean and healthy environment is fundamental to human life. The right to live
in a pollution free environment is recognised as a fundamental right in India. Various laws are
made by the legislature to provide clean environment to the citizens and the judiciary also play a
momentous role in protecting the environment ,but irrespective of all the efforts made by the
legislature and the judiciary many people do not have access to clean air and drinking water due
to degradation of environment.

In India, there are multiple legislations for the protection of the environment.

• The Forest (Conservation) Act, 1980

• The Wildlife Protection Act, 1972
• The National Green Tribunal Act, 2010
• The Air (Prevention and Control of Pollution) Act, 1981
• The Water (Prevention and Control of Pollution) Act, 1974

Some case laws related to right to environment as a fundamental right

• Bhopal Gas tragedy

On the fateful night of December 2, 1982, India faced the biggest chemical leak the world had
ever seen. The doctors till date have not been able to find an antidote to cure the affected people.

• Oleum Gas leak (M.C. Mehta vs Union of India, 1986)

Shriram Industries was engaged in manufacturing of hazardous substances and was located in a
densely populated area of Kirti Nagar, Delhi.

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CONCLUSION

Following a long course of active interpretation of constitutional and legislative clauses by the
judiciary and various efforts of some green citizens, the Indian environmental scenario has
undergone a positive change. Today, the environmental consciousness imported by the courts,
mingled with subsequent legislative efforts in the later years, introduced the Right to
Environment as a fundamental right under Article 21 of the constitution of India.

The Courts in India have played a important role in gradually enlarging the scope of a qualitative
living by engaging themselves in and resolving various issues of environmental protection.
Consequently, activities posing a major threat to the environment were curtailed so as to protect
the individual’s inherent right to a wholesome environment as guaranteed under various
instruments for the protection of legal and human rights.

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ANSWER 1-:
INTRODUCTION
India has an ancient tradition of protecting the environment. Most ancient texts teach us that it is
the Dharma of each individual in any society to protect nature. This is why people have always
worshipped the objects of nature. Trees, water, land and animals have an important mention in
our ancient texts. The importance of environment protection in India can be traced back to the
period between 321 B.C. and 300 B.C. In Kautiiya’s Arthashastra, great importance has been
laid on environment protection, and clear punishments have been prescribed on the basis of the
importance of various parts of a particular tree. Manusmriti mentions about the optimum use of
the resources of nature and also prescribes different punishment for causing injury to plants.

An environmental policy is the framing of a similar course of action for the protection of
environment, wildlife and natural resources. In a developing country like India, an environmental
policy is especially required because there is a consistent need for balancing between
environment on one side and the needs of development on the other. A good environmental
policy is a precursor for ensuring sustainable development. This answer seeks to explore
protection of environment in ancient and medieval period and environment protection policy in
India?

Protection Of Environment In Ancient And Medieval Period

The concerns of environmental harmony and wildlife protection are found embodied in ancient
scriptures in the Indian sub-continent. Kautilya’s Arthashastra and Ashoka’s edicts are known to
include provisions for safeguarding nature and natural resources.

The Vedas also echo the sentiments of environmental ethics and harmony as an important
prerequisite for human survival and prosperity. Consequently, respect and love for nature is
rooted in the Indian civilization. Contemporary environmental policies began to be framed in
India during the British Rule. The Shore Nuisances (Bombay and Kolaba) Act, 1853 was one of

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the first environment related acts passed during the British Rule. While the aforementioned Act
prevented the encroachment of land resource along the sea-shore, its underlying benefit for the
British was to stop any activity that affected or was likely to affect them from navigating their
ships and vessels in the port of Bombay. Many other environment related Acts were passed by
the British. However, we will keep our focus in this Chapter on environmental policies
formulated in post-independent India. The United Nation Conference on human environment
held in Stockholm 1992 for first time

Some of the primary principles described in these various ancient sources are as follows:

• Pancha Mahabhutasor the 5-elements are instrumental in shaping the human lives, with a
continuous cosmic interconnection.
• Protecting the environment is Dharma (Duty)
• Karma & Rebirth
• Ahimsa (non-violence) is the supreme duty
• Sanyasa (asceticism) – Simple living

Under Arthashastra various punishments were prescribed for cutting trees, damagingforests, and for
killing animals etc.

Wild life in sanctuaries enjoyed complete protection

from being killed except when they turn harmful. There were also punishments prescribed for
causing of pollution and uncivic sanitation Vedas Several Vedic hymns are prayers maintaining
balance in the functioning of all aspects of nature and it is argued that some of those ideas
expressed in them resemble modern principles relating to conservation of resources. Accordingly
Rigveda says: “Environment provides bliss to people loading their life perfectly. River bliss us
with the sacred water, and medicines provides us health, might, morning, vegetation, sun bliss us
with peaceful life. Our cows provide us sweet milk and other milk products”

Environment Protection In Medieval India

The history of Medieval India is dominated by Muslim Rulers where no noteworthy

development of environmental jurisprudence took place except during the rule of Mughal

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Emperor Akbar. During Akbar’s rule except Rulers others are prohibited from hunting or shikar.
But no major initiatives took place during medieval period to prevent Environmental Protection
and Conservation of Natural Resources as the Rulers were only interested in War, Religion
Propagation and Empire Building.

Evolution Of Environmental Law And Policies During British Rule

The first interest towards the Conservation of Forest resource found the Reservation of Teak
Forests in Malabar in 1806 During British rule Forest Management Laws and several other
Legislations were enacted for the purpose of Environmental Protection and Conservation of
Natural Resources. However, the Forest Act, 1927 was enacted to give wide powers to the
Government to exploit resources, to acquire forest lands including private and village forests It is
1972 Stockholm Conference where in India introduced the concept of Economic Development
and Protection of Environment through Mrs. Indira Gandhi Consequently on 12 April 1972 a
National Committee on Environmental Planning and Coordination (NCEPC) was established.
The impact of 1972 World Conference was the introduction of several provisions in the
constitution relating to environmental protection The Forty Second Amendment Environmental
Protection and improvement were explicitly incorporated into the Constitution by the
Constitution (Forty Second Amendment) Act of 1976.

ENVIROMENT POLICY IN INDIA

The responsibility of framing and implementing the national environmental policy of India rests
with the MoEFCC.
MoEFCC also works to ensure the effective implementation of the Environment (Protection) Act
of 1986. The latter was a result of India’s active participation and commitment made during the
United Nations Conference on the Human Environment in 1972, which is also known as the
Stockholm Conference. The various policies are as follows -:

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 • National Environment Policy, 2006

The National Environment Policy was put together after widespread consultation and was
approved by the Union Cabinet on 18th May, 2006. The National Environment Policy, 2006 The
National Conservation Strategy and Policy Statement on Environment and Development, 1992
was one of the first attempts of the Government of India to develop a policy framework for
environmental protection. NEP, 2006 is a response to India’s national commitment to a clean
environment, mandated in the Constitution of India in Articles 48A and 51A (g) and
strengthened by the judicial interpretation of Article 21.

• International Conventions and India (1972-2012)

The United Nations Conference on the Human Environment (UNCHE), held in Stockholm,
Sweden in June 1972, is considered to be one of the first global conference in contemporary
times aimed at environmental protection. Also known as the Stockholm Conference, the
importance of UNCHE 1972 can be realized by the fact that it led to the creation of the United
Nations Environment Program (UNEP). The UNCHE was also instrumental in ensuring that the
global attention to environmental challenges is maintained through the decision of celebrating
5th June (the starting date of the UNCHE, 1972) as the World Environment Day.

• World Heritage Convention

The World Heritage Convention is a convention concerning the protection of the world’s cultural
and natural heritage and is overseen by the United Nations Educational, Scientific and Cultural
Organization (UNESCO). The World Heritage Convention came into effect in 1975 and was
ratified by India in the year 1977.

• Bonn Convention

The Convention on the Conservation of Migratory Species of Wild Animals (also known as the
Bonn Convention since it was first put forward at Bonn, Germany) came into effect in 1983

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Brundtland Commission The year 1987 can be considered a turning point in environmental
advocacy and policy making due to the publication of a report entitled Our Common Future.

• Convention on Biological Diversity (CBD), 1993

The Convention on Biological Diversity (CBD) was opened for signature at the Earth Summit in
Rio de Janeiro on 5 June 1992.

• Stockholm Convention, 2004

The Stockholm Convention on Persistent Organic Pollutants was adopted on 22 May 2001 and
entered into force on 17 May 2004.

Critical Analysis On Environment Protection Policies In India

Around the world, environmental regulation is one of the key public services that governments
provide to their citizens. While these regulations impose costs on businesses and households by
requiring them to dispose of pollution in a responsible way, in return they promise better health,
a cleaner environment and other related benefits. We failed to find any effect from the
programme.

Cleaner air but dirtier water this conclude that environmental regulations in India can be
successful at reducing pollution concentrations but only when regulators are sufficiently
empowered and motivated. However, the deeper question on the optimal level of environmental
regulation remains to be answered. This would require developing reliable estimates of the costs
that regulations impose on businesses and households and then comparing them to the benefits to
society of pollution reductions in terms of health and other areas.

The setting up of the NGT has been a shot in the arm in the struggle to balance economic growth
with environmental protection due to timely legal intervention in developmental projects. It
should also be noted here that as of July 2015, the Government of India is considering the
streamlining of existing environmental legislations by merging different Acts and introducing
newer, more inclusive legislations.

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CONCLUSION

In ancient times well developed mechanism regarding the protection of environment was
established in our culture. Human conduct was mended according to the protection of
environment. Our ancient legal codes such as Vedas, Upnishads, Puranas etc. protected the
environment. We are required to adopt our ancient environmental protection system. The Water
(Prevention and Control of Pollution) Act, 1974 led to the creation of the Central Pollution
Control Board (CPCB). CPCB is a statutory organisation constituted in September, 1974 which
was later also entrusted with the powers and functions under the Air (Prevention and Control of
Pollution) Act, 1981. The CPCB carries out monitoring and management of environmental
pollution in India. It also provides technical services to the MoEFCC for better implementation
of the Environment (Protection) Act, 1986.

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