FUNDAMENTAL RIGHTS TO CLEAN AND HEALTHY

ENVIRONMENT
A research prepared submitted in partial fulfilment of the course
Environmental Law for obtaining the degree BBA LLB (Hons.) for
the academic year 2021-2022

Submitted by
RAHUL KUMAR
2032
Submitted to
Mr. Hrishikesh Manu

Aug. 2021
Chanakya National Law University, Patna
Mithapur Nayaynagar, Patna

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 INTRODUCTION

For leading a quality life a clean and a healthy environment is indispensable. A person will remain healthy only
if he is provided with fresh air to breathe, clean water to drink and other basic requirements. So in order to live
a dignified and healthy life it is important for a person to be surrounded by a clean environment. Thus, the
right of the people to live in a clean and healthy environment is a basic human right.

The concept of human rights in general emerged after the Second World War, but the right to a healthy
environment, as one of those human rights, was never a priority. Today, this right is an emerging concept that
is being hotly debated in the human rights arena. A healthy environment is an essential aspect of the right to
life, not only for human beings but also for other animals on the planet. Violation, therefore, of the right to
healthy environment is potentially a violation of the basic right to life.

Environmental deterioration could eventually endanger life of present and future generations. Therefore, the
right to life has been used in a diversified manner in India. It includes, inter alia, the right to survive as a
species, quality of life, the right to live with dignity and the right to livelihood. In India, this has been expressly
recognised as a constitutional right. Article 21 of the Indian Constitution states: ‘No person shall be deprived of
his life or personal liberty except according to procedures established by law.’ The Supreme Court expanded
this negative right in two ways. Firstly, any law affecting personal liberty should be reasonable, fair and just.
Secondly, the Court recognised several unarticulated liberties that were implied by article 21. It is by this
second method that the Supreme Court interpreted the right to life and personal liberty to include the right to
a clean environment.

In the past several decades, there is a momentous shift in the international environmental concerns as well.
The call for environmental protection and preservation has brought international recognition of the right to
clean and healthy environment. For effective implementation of this notion and to create awareness globally,
international organisations and communities have conducted numerous conferences and established various
international instruments, resolutions and global and regional agencies. Around 200 treaties are registered
under United Nations Environment Protection Programme and in total there are approx. 900 bi-lateral and
multilateral treaties.

 Aim
The current study is at establishing the importance of environment in our life while realising the rights
enshrined to us by our constitution. The study seeks to provide an account describing the
fundamental rights which can be invoked in case of environmental degradation.

 Objective
1. The objective of the research is bring up into the common knowledge the rights enshrined in
our constitution through different rights.
2. The research tends to Analyse and account for all the rights and decisions supporting the
environmental rights.

 Research methodology
In this part the researcher outlines the research strategy, sources of data, the research method and
the second part deals with review of literature.

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 1. Research strategy

The research held with respect to the given topic was an applied one, but not new. As such, the
proposed research took the form of a new research but on an existing research subject.

2. Sources of Data

Secondary data is used in this project. Secondary data are the data collected by a party not related to
the research study but collected these data for some other purpose and at different time in the
past. If the researcher uses these data then these become secondary data for the current users.
Secondary data is also used to gain initial insight into the research problem. Secondary data is
classified in terms of its source – either internal or external. The present study relies on information
drawn from various secondary sources including books,
journals, and government survey reports.

3. Research Methods

This project is based upon doctrinal method of research. It has been done after a thorough research
based upon intrinsic and extrinsic aspects of the project.

 Hypotheses
The researcher while undertaking the research hypotheses that
1. The constitution of India implicitly as well through express provisions provides for the
rights of environmental protection.
2. That the right of life includes right to clean and healthy environment
3. That protection of environment is an implicit duty of the government under constitution.

 Chapterisation

1. Meaning
o Environment

2. Fundamental rights and Rights to clean and healthy environment

o Article 21: life to life
o Article 32: constitutional remedies
o Directive principles of state policies

3. Environmental law: a necessity

4. Environment: a basic human rights
5. General provisions
 Article 48A
 Article 51A clause (g)
 Article 253
 Preamble
6. International obligations
7. Judicial decisions regarding fundamentals rights to clean and healthy environment
8. Conclusion
9. References

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References