Notes

on
Environmental Law

1. MEANING AND DEFINITION OF ENVIRONMENT AND POLLUTION, KINDS OF

POLLUTION, SOURCES AND CONSEQUENCES OF POLLUTION
The term environment has been derived from the term ‘environ’, which means ‘to surround’
Thus, etymologically environment means ‘surrounding conditions, circumstances affecting
people’s life.

The environment has been defined as that outer physical and biological system in which man and
other organisms live as a whole.

Human environment consists of both:

1. Physical environment (covers land, water and air)

2. Biological environment (includes plants, animals and other organisms.)

‘Environment’ defined under the Environmental Protection Act, 1986:

water, air and land and the inter-relationship which exist among and between water, air, land
and human beings, other living creatures, plants, micro-organisms and property.

The “Environment” comprises all entities:

1. Living And Non-living,

2. Natural Or Man-made,

3. External To Oneself, And

Environmental concerns relate to their degradation through actions of humans.

The goals of the Environmental policy may be formulated in several ways –

1. To Protect Human Health,

2. Ensure Viability Of Wild Life,

3. Preservation Of Historic Monuments,

4. Stopping Further Degradation Of The Environment Etc.

Apart from international laws, every country has enacted laws regarding environment protection,
pollution control etc. In India, there are several acts for environment protection that says
protection of environment is the duty of government.

Policy and Laws in Medieval India (1638-1800 AD)

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. There was no restriction on cutting of other trees, hunting animals, etc.

Laws in British India (1800-1947 AD)

1. The Fisheries Act, 1897

2. The Bengal Smoke Nuisance Act of 1905

3. Bombay Smoke Nuisance Act of 1912

4. Wild Birds and Animals Protection Act, 1912

1. Air pollution -

some of the most notable are sulfur dioxide, nitrogen dioxide, carbon monoxide, ozone, volatile
organic compounds and airborne particles, with radioactive pollutants probably among the most
destructive ones.

2. Water Pollution-
Water gets contaminated easily with any pollutant whether it is human waste or chemical
discharge from factories. Also, we use this water for irrigation of crops and drinking. But,
because of infection they become contaminated too. Besides, an animal dies because they drink
this same contaminated water.

Moreover, around 80% of pollutants of land such as chemical, industrial and agricultural

waste end up in the water bodies. Besides, these water bodies ultimately connect to the sea which
means it indirectly pollutes the biodiversity of the sea.

3. Land Pollution-

Human’s organic and chemical both waste harm the land and soil with its decomposition. Also, it
introduces some chemical in the soil and water. Land and soil pollution mainly caused by the use
of pesticides, soil erosion, and crop residues.

4.Noise Pollution-

Noise pollution, also known as environmental noise or sound pollution, is the propagation

of noise with harmful impact on the activity of human or animal life. The source of
outdoor noise worldwide is mainly caused by machines, transport systems.

5. Radio Active Pollution-

The radioactive pollution is defined as the physical pollution of living organisms and their
environment as a result of release of radioactive substances into the environment during nuclear
explosions and testing of nuclear weapons, nuclear weapon production and decommissioning,
mining of radioactive ores, handling and disposal of radioactive waste, and accidents at nuclear
power plants. Nuclear tests are carried out to determine the effectiveness, yield, and explosive
capability of nuclear weapons. 
Causes of Pollution
Air Pollution is the most prominent and dangerous form of pollution. It occurs due to many reasons.
Excessive burning of fuel which is a necessity of our daily lives for cooking, driving and other industrial
activities; releases a huge amount of chemical substances in the air every day; these pollute the air.

Smoke from chimneys, factories, vehicles or burning of wood basically occurs due to coal burning; this
releases sulfur dioxide into the air making it toxic. The effects of air pollution are evident too. The release
of sulfur dioxide and other hazardous gases into the air causes global warming and acid rain; which in
turn have increased temperatures, erratic rains and droughts worldwide; making it tough for the animals
to survive. We breathe in every polluted particle from the air which results in the increase in asthma and
cancer in the lungs.

Water Pollution has taken toll of all the surviving species of the earth. Almost 60% of the species live in
water bodies. It occurs due to several factors; the industrial wastes dumped into the rivers and other water
bodies cause an imbalance in the water leading to its severe contamination and death of aquatic species. If
you suspect that nearby water sources have been contaminated by a corporation then it might be a good
idea to hire an expert to see your options.

Also spraying insecticides, pesticides like DDT on plants pollutes the groundwater system and oil spills in
the oceans have caused irreparable damage to the water bodies. Eutrophication is another big source; it
occurs due to daily activities like washing clothes, utensils near lakes, ponds or rivers; this forces
detergents to go into the water which blocks sunlight from penetrating, thus reducing oxygen and making
it inhabitable.
Water pollution not only harms the aquatic beings but it also contaminates the entire food chain by
severely affecting humans dependent on these. Water-borne diseases like cholera, diarrhea have also
increased in all places.

Soil pollution occurs due to the incorporation of unwanted chemicals in the soil due to human activities.
Use of insecticides and pesticides absorbs the nitrogen compounds from the soil making it unfit for plants
to derive nutrition from. The release of industrial waste, mining, and deforestation also exploits the soil.
Since plants can’t grow properly, they can’t hold the soil and this leads to soil erosion.

Noise pollution is caused when noise which is an unpleasant sound affects our ears and leads to
psychological problems like stress, hypertension, hearing impairment, etc. It is caused by machines in
industries, loud music, etc.

Radioactive pollution is highly dangerous when it occurs. It can occur due to nuclear plant malfunctions,
improper nuclear waste disposal, accidents, etc. It causes cancer, infertility, blindness, defects at the time
of birth; can sterilize soil and affect air and water.

Environment And The Indian Constitution

The Indian Constitution is among the few in the world that contains specific provisions on
environmental protection.

Article 21: Protection of Life and Personal Liberty. It states, “No person shall be deprived of
his life or personal liberty except according to procedure established by law.”

Article 14: The State shall not deny to any person equality before law and equal protection
of laws within the territory of India. The Indian Constitution guarantees the ‘right to
equality’[6]to all persons without any discrimination. This indicates that any action of the ‘State’
relating to environment must not infringe upon the right to equality as mentioned in the Article
14 of the Constitution.

The Stockholm Declaration, 1972, also recognized this principle of equality in environmental
management and it called up all the worlds’ nations to abide by this principle.

  ‘Man has the fundamental Right to freedom, equality and adequate conditions of life, in an
environment of a quality that permits a life of dignity and well being’.
Article 48: Refer to Directive principle of state policy and Fundamental Duties. In the
Constitution of India it is clearly stated that it is the duty of the state to ‘protect and improve the
environment and to safeguard the forests and wildlife of the country’. It imposes a duty on every
citizen ‘to protect and improve the natural environment including forests, lakes, rivers, and
wildlife.

The 42nd amendment to the constitution was brought about in the year 1974 makes it the
responsibility of the state government to protect and improve the environment and to safeguard
the forests and wildlife of the country. The latter, under fundamental duties, makes it the
fundamental duty of every citizen to protect and improve the natural environment including
forests, lakes, rivers and wildlife and to have compassion for living creatures.

Art 47 provides that “It is the duty of the state, to raise the level of nutrition and the standard of
living and to improve public health, the state shall Endeavour to bring about prohibition of the
consumption except for medicinal purposes intoxicating drinks and of drugs which are injurious
to health.

Art. 48A provides that the state shall endeavour to protect and improve the environment and to
safeguard the forests and wildlife of the country.”

Art. 51A, included in the Constitution by the 42nd amendment Act, 1976 has the provisions as
fundamental duties, says that “It shall be the duty of every citizen of India to protect and improve
the natural environment including forests, lakes, rivers and wild life, and to have compassion for
living creatures and to develop the scientific temper, humanism and the other spirit of inquiry
and reform, and to safeguard public property and to abjure violence.”

Writ Jurisdiction

Writ Jurisdiction is conferred on the Supreme Court under Article 32 and on all the High
Courts under Article 226.

Under these provisions, the courts have the power to issue any direction or orders or writs,
including writs in the nature of :

• Habeas Corpus,
 • Mandamus,

• Prohibition,

• Quo- Warranto And

• Certiorari, whichever is appropriate.

one of the most effective and dynamic mechanisms for the protection of environment, that is,
Public Interest Litigations.

Role of Panchayat and Municipalities

The Constitution (73rd Amendment) Act 1992 and the Constitution (74th Amendment) Act 1992
have given a Constitutional status to the panchayats and the Municipalities respectively. 

Article 243-B provides or the establishment of intermediate and district levels.

Article 243-G authorizes the legislature of State to endow the Panchayats with such powers and
authority as may be necessary to enable them to function as institution of self-government.

The Eleventh Schedule along with other matters contains following maters which are directly or
indirectly related to environment like

• Agriculture,

• Soil Conservation,

• Water Management And Watershed Development;

• Fisheries;

• Social Forestry And Farm Forestry;

• Minor Forest Produce; Drinking Water;

• Health And Sanitation;

• And Maintenance Of Community Assets.

Indian Penal Code 1860 and Environment Protection

IPC can be used to prevent pollution of atmosphere. Thus no trade, business or manufacturing
process can be carried out in residential area which produces noxious and offensive smell.

Chapter XIV of IPC containing Sections 268 to 290 deals with offences affecting the public
health, safety, convenience, decency and morals.

Its object: is to safeguard the public health, safety and convenience by causing those acts
punishable which make environment polluted or threaten the life of the people.

Section 268 & 290 of IPC defines public nuisance and provides for punishment of fine upto Rs.
200 for public nuisance respectively. Under these provisions any act or omissions of a person
which caused injury to another by polluting the environment can be controlled.

Public Nuisance: a person is guilty of public nuisance who does any act or is guilty of an illegal
omission which causes any common injury, danger to the people in general who dwell or occupy
the property in the vicinity or cause injury, danger , obstruction to persons who use any public
right.

Section 269 & 270 of IPC provides, whoever negligently or malignantly does any act which
spreads the infection of disease dangerous to life, can be controlled by punishing the person
responsible for such act with imprisonment upto six months to six years or with fine or both
respectively.

Section 277 provides, whoever voluntarily fouls the water of any public spring or reservoir, so as
to render it less fit for the purpose for which it is ordinarily used, shall be punished with
imprisonment for three months or with fine of five hundred rupees or with both.

Section 278 provides, whoever voluntarily vitiates the atmosphere in any place so as to make it
noxious to the health of persons dwelling or carrying on business in the neighbourhood or
passing along the public way, shall be punished with fine upto Rs.500.

Section 284 provides, whoever does, with any poisonous substance, any act in a manner so rash
or negligent as to endanger human life, or to be likely to cause hurt or injury to any person, shall
be punished with imprisonment for a term of 6 months or with fine upto Rs.1000 or with both.
Section 285 provides, whoever does, with the fire or any combustible matter, any act rashly or
negligently as to endanger human life, to be likely to cause or injury to any other person, shall be
punished with imprisonment for a term of 6 months, or with fine upto Rs.10000 or with both.

Section 286 provides, whoever does, with any explosive substance, any act rashly or negligently
as to endanger human life, to be likely to cause or injury to any other person, shall be punished
with imprisonment for a term of 6 months, or with fine upto Rs.10000 or with both.

Under sections 426,430,432 of IPC general pollution caused by mischief can be controlled and
the same is punishable.

Development of Environmental Jurisprudence in India

The right of a person to pollution free environment is a part of basic jurisprudence of the land.
Article 21 of the Constitution of India guarantees a fundamental right to life and personal liberty.
The Supreme Court has interpreted the right to life and personal liberty to include the right to
wholesome environment. The Court through its various judgments has held that the mandate of
right to life includes right to clean environment, drinking-water and pollution-free atmosphere.

It was Mr. M.C Mehta AIR 2000 SC 1997 who revived the concept of environmental
jurisprudence in India through PIL. Others too had their silent but noteworthy roles to play.
Some of the landmark judgments having fair share in development of the environmental
jurisprudence in India are:

Municipal Council, Ratlam v. Shri Vardhichand & Others 1980 AIR 1622

This case concerns the Ratlam municipality’s obligations to its people under Section 123 M. P.
Municipalities Act of 1961. These obligations include the provision of sanitary facilities and the
prevention of street contamination from a nearby alcohol plant. The residents of the Ratlam
municipality, frustrated at the lack of sanitary facilities and the contamination in the streets,
brought suit against the municipality under Section 133 of the Criminal Procedure Code for
public nuisance.  The municipality argued that:

1) the residents chose to live where there are no facilities, and

2) the authorities lacked the funds  necessary to construct what was required to comply.
Enforcement of the Decision and Outcomes: 

The municipality was ordered to take immediate action with regards to the contamination and
pollution in the streets. It was also ordered to provide sanitary facilities and services for its
residents within a six-month period.

The constitution of India is not an inert but a living document which evolves and grows with
time. The specific provisions on environment protection in the constitution are also result of this
evolving nature and growth potential of the fundamental law of the land. The preamble to our
constitution ensures socialist pattern of the society and dignity of the individual. Decent standard
of living and pollution free environment is inherent in this. The Environment (Protection) Act,
1986 defines environment as “environment includes water, air and land and the interrelationship
which exists among and between air, water and land and human beings, other living creatures,
plants, micro-organism and property”.

            The chapter on fundamental duties of the Indian Constitution clearly imposes duty on
every citizen to protect environment. Article 51-A (g), says that “It shall be duty of every citizen
of India to protect and improve the natural environment including forests, lakes, rivers and wild
life and to have compassion for living creatures.”

             The Directive principles under the Indian constitution directed towards ideals of building
welfare state. Healthy environment is also one of the elements of welfare state.  Article 47
provides that the State shall regard the raising of the level of nutrition and the standard of living
of its people and the improvement of public health as among its primary duties. The
improvement of public health also includes the protection and improvement of environment
without which public health cannot be assured. Article 48 deals with organization of agriculture
and animal husbandry. It directs the State to take steps to organize agriculture and animal
husbandry on modern and scientific lines. In particular, it should take steps for preserving and
improving the breeds and prohibiting the slaughter of cows and calves and other milch and
draught cattle. Article 48 -A of the constitution says that “the state shall endeavor to protect and
improve the environment and to safeguard the forests and wild life of the country”.
            The Constitution of India under part III guarantees fundamental rights which are essential
for the development of every individual and to which a person is inherently entitled by virtue of
being human alone. Right to environment is also a right without which development of
individual and realisation of his or her full potential shall not be possible. Articles 21, 14 and 19
of this part have been used for environmental protection.

            According to Article 21 of the constitution, “no person shall be deprived of his life or
personal liberty except according to procedure established by law”. Article 21 has received
liberal interpretation from time to time after the decision of the Supreme Court in Maneka
Gandhi vs. Union of India, (AIR 1978 SC 597). Article 21 guarantees fundamental right to life.
Right to environment, free of danger of disease and infection is inherent in it. Right to healthy
environment is important attribute of right to live with human dignity. The right to live in a
healthy environment as part of Article 21 of the Constitution was first recognized in the case of
Rural Litigation and Entitlement Kendra vs. State, AIR 1988 SC 2187 (Popularly known as
Dehradun Quarrying Case). It is the first case of this kind in India, involving issues relating to
environment and ecological balance in which Supreme Court directed to stop the excavation
(illegal mining) under the Environment (Protection) Act, 1986. In M.C. Mehta vs. Union of
India, AIR 1987 SC 1086 the Supreme Court treated the right to live in pollution free
environment as a part of fundamental right to life under Article 21 of the Constitution.

           Excessive noise creates pollution in the society. The constitution of India under Article 19
(1) (a) read with Article 21 of the constitution guarantees right to decent environment and right
to live peacefully. In PA Jacob vs. The Superintendent of Police Kottayam, AIR 1993 Ker 1, the
Kerala High Court held that freedom of speech under article 19 (1)(a)  does not include freedom
to use loud speakers or sound amplifiers.  Thus, noise pollution caused by the loud speakers can
be controlled under article 19 (1) (a) of the constitution.

          Article 19 (1) (g) of the Indian constitution confers fundamental right on every citizen to
practice any profession or to carry on any occupation, trade or business.  This is subject to
reasonable restrictions. A citizen cannot carry on business activity, if it is health hazards to the
society or general public. Thus safeguards for environment protection are inherent in this.  The
Supreme Court, while deciding the matter relating to carrying on trade of liquor in Cooverjee B.
Bharucha  Vs Excise commissioner, Ajmer (1954, SC 220) observed that, if there is clash
between  environmental protection and right to freedom of trade and occupation, the courts have
to balance environmental interests with the fundamental rights to carry on any occupations.

            Public Interest Litigation under Article 32 and 226 of the constitution of India resulted in
a wave of environmental litigation. The leading environmental cases decided by the Supreme
Court includes case of closure of limestone quarries in the Dehradun region (Dehradun
Quarrying case, AIR 1985 SC 652), the installation of safeguard at a chlorine plant in Delhi
(M.C. Mehta V. Union of India, AIR 1988 SC 1037) etc.  In Vellore Citizens Welfare Forum vs.
Union of India (1996) 5 SCC 647, the Court observed that “the Precautionary Principle” and “the
Polluter Pays Principle” are essential features of “Sustainable Development.”

            At local and village level also, Panchayats have been empowered under the constitution
to take measures such as soil conservation, water management, forestry and protection of the
environment and promotion of ecological aspect.

            Environment protection is part of our cultural values and traditions. In Atharvaveda, it
has been said that “Man’s paradise is on earth; this living world is the beloved place of all; It has
the blessings of nature’s bounties; live in a lovely spirit”. Earth is our paradise and it is our duty
to protect our paradise. The constitution of India embodies the framework of protection and
preservation of nature without which life cannot be enjoyed. The knowledge of constitutional
provisions regarding environment protection is need of the day to bring greater public
participation, environmental awareness, environmental education and sensitize the people to
preserve ecology and environment.

 The Constitutional provisions 1. Article 48(A) 2. Article 21 3. Article 253 4. Article 51(A) 5.
Article 19(1)(g) 6. Article 51 7. Article 14.

Article 14 PROTECTION OF THE ENVIRONMENT

14.1 The Government and the Contractor recognize that Petroleum Operations will cause some
impact on the environment in the Contract Area. Accordingly, in performance of the Contract,
the Contractor shall conduct its Petroleum Operations with due regard to concerns with respect to
protection of the environment and conservation of natural resources and shall in particular; (a)
employ modem oilfield and petroleum industry practices and standards including advanced
techniques, practices and methods of operation for the prevention of Environmental Damage in
conducting its Petroleum Operations; (b) take necessary and adequate steps to: (i) prevent
Environmental Damage and, where some adverse impact on the environment is unavoidable, to
minimize such damage and the consequential effects thereof on property and people; (ii) ensure
adequate compensation for injury to persons or damage to property caused by the effect of
Petroleum Operations; and (c) comply with the requirements of applicable laws and the
reasonable requirements of the Government from time to time.

KAMAL NATH CASE: In the State of Himachal Pradesh, Span motel, owned by the family
members of Shri Kamal Nath, Minister for Environment and Forests, Govt. of India diverted the
Course of river Beas to beautify the motel and also encroached upon some forest land. The apex
court ordered the management of the Span motel to hand over forest land to the Govt. of
Himachal Pradesh and remove all sorts of encroachments. The Court delivered a land mark
judgment and established principle of exemplary damages for the first time in India. The Court
said that polluter must pay to reverse the damage caused by his act and imposed a fine of Rs Ten
Lakhs (Rs 10,00,000) on the Span motel as exemplary damages. The Supreme Court of India
recognized Polluter Pays Principle and Public Trust Doctrine.

Protecting the environment OLEUM GAS LEAK CASE, 1986 M C MEHTA, who was single-
handedly responsible for making environmental degradation a part of public discourse, says it is
vital that PILs have no ulterior motive “GAS HAS leaked. The gas is travelling. I am worried
about your lordship’s life”. Environmental lawyer Mahesh Chander Mehta relives what he told
the Chief Justice of India P.N. Bhagwati on December 4th, 1985. Oleum gas had just leaked
from the Shriram Chlorine plant in Najafgarh, and Delhi had panicked. By a strange coincidence,
M.C. Mehta had filed a public interest litigation against the Chlorine plant a month earlier
(before the gas leak), and was scheduled to argue another case before the Chief Justice of India
on December 4th. When the matter came up, Mehta referred to the Oleum gas that had leaked
just three hours earlier. “The gas leaked at 11 am; the case was listed and heard at 2 pm; the
court immediately issued a notice” gushes Mehta. “No case has been heard this quickly”. Nor
perhaps judged so decisively. In siding with Mehta, the Supreme Court punished the company
heavily; the entire complex eventually shut down. More far reaching, the Supreme Court created
the `absolute liability principle’ — companies engaged in inherently hazardous activities had
absolutely no excuse when an accident occurred.

JUDGMENT The court held that any enterprise that is engaged in an inherently dangerous
activity is `absolutely’ liable to compensate all those affected by an accident. They key feature of
the judgment was the principle of `absolute liability’, in which no exceptions (such as an `act of
God’) are brooked. IMPACT The case took place soon after the Bhopal Gas Tragedy and was
keenly watched as an instance of how the courts would deal with companies responsible for
environmental disasters. Unfortunately, the complex court litigation around the Bhopal Gas
Tragedy was an example of what not to do in such cases.

Article 19(1)(g) (g) to practice any profession, or to carry on any occupation, trade or
business.

Khoday Distilleries Ltd vs State of Karnataka on 19 October, 1994 Article 19(1)(g) read with
Article 19(6) spells out a fundamental right of the citizens to practise any profession or to carry
on any occupation, trade or business so long as it is not prohibited or is within the framework of
the regulation, if any, if such prohibition or regulation has been imposed by the State by enacting
a law in the interests of the general public. It cannot be disputed that certain professions,
occupations, trades or businesses which are not in the interests of the general public may be
completely prohibited while others may be permitted with reasonable restrictions on them. For
the same purpose, viz., to subserve the interests of general public, the reasonable restrictions on
the carrying on of any profession, occupation, trade, etc., may provide that such trade, business
etc., may be carried on exclusively by the State or by a Corporation owned or controlled by it.
The right conferred upon the citizens under Article 19(1)(g) is thus subject to the complete or
partial prohibition or to regulation, by the State. However, under the provisions of Article 19(6)
the prohibition, partial or complete, or the regulation, has to be in the interests of the general
public. The right given by this article to freely carry on trade, commerce and intercourse
throughout the territory of India is undisputedly subject to the same restrictions as is the right
under Article19(1)(g). Apart from the restrictions placed on the right under Article 301, by the
provisions of Articles 19(6), 47, 302 and 303, the provisions of Article 304 also place such
restrictions on the said right. So do the provisions of Article 305, so far as they protect existing
laws and laws creating State monopolies. The provisions of the aforesaid articles, so far as they
are relevant for our purpose, read together, therefore, make the position clear that the right
conferred by Article19(1)(g) is not absolute. It is subject to restrictions imposed by the other
provisions of the Constitution. Those provisions are contained in Articles 19(6), 47, 302, 303,
304 and 305.

ARTICLE 21

Article 21 of the constitution of India provides for the right to life and personal liberty. It states
that “no person shall be deprived of his life or personal liberty except according to procedure
established by law.”

In Rural Litigation and Entitlement Kendra v State of UP, also known as the Dehradun
quarrying case, the Supreme Court of India has held that pollution caused by quarries adversely
affects the health and safety of people and hence, the same should be stopped as being violative
of Article 21.In this case, the Supreme Court for the first time held that the right to wholesome
environment is a part of right to life and personal liberty guaranteed under Article 21 of the
Constitution. Further, in the case of Subhash Kumar v State of Bihar, again the apex court held
that the right to get pollution free water and air is a fundamental right under Article 21.
Following this decision, the right to pollution free environment was incorporated under the head
of right to life and all the law courts within the Indian territory were bound to follow the same.
This laid down the foundation of environmental litigation in India. Similarly, public health and
ecology3 were held to be the priorities under Article 21 and the constitution of a green bench
was also ordered by the Supreme Court. In the case of Ratlam Muncipality v Vardicharan,
where the problem of pollution was due to private polluters and haphazard town planning, it was
held by the Supreme Court that pollution free environment is an integral part of right to life
under Article 21.

DIRECTIVE PRINCIPLES OF STATE POLICY

Article 48(A) 48A. Protection and improvement of environment and safeguarding of forests and
wild life The State shall endeavour to protect and improve the environment and to safeguard the
forests and wild life of the country.

SHER SINGH VS STATE OF HP ON 6 FEBRUARY, 2014

The citizens of the country have a fundamental right to a wholesome, clean and decent
environment. The Constitution of India, in terms of Article 48A, mandates that the State is under
a Constitutional obligation to protect and improve the environment and to safeguard the forest
and wild life in the country. By 42nd Amendment to the Constitution, the Parliament, with an
object of sensitizing the citizens of their duty, incorporated Article 51A in the Constitution, inter
alia, requiring a citizen to protect and improve the natural environment including the forests,
lakes, rivers and wild life and to have a compassion for living creatures. The legislative intent
and spirit under Articles 48A and 51A(g) of the Constitution find their place in the definition of
'environment' under the Environment (Protection) Act, 1986 (for short the 'Act of 1986'). The
legislature enacted various laws like the Air (Prevention and Control of Pollution) Act, 1981,
Water (Prevention and Control of Pollution) Act, 1974 and the Wildlife (Protection) Act, 1972,
the Forest (Conservation) Act, 1980, the Indian Forest Act, 1927 and the Biological Diversity
Act, 2002 and other legislations with the primary object of giving wide dimensions to the laws
relating to protection and improvement of environment. It is true that Part III of the Constitution
relating to Fundamental Rights does not specifically devote any Article to the Environment or
protection thereof per se. However, with the development of law and pronouncement of
judgments by the Supreme Court of India, Article 21 of the Constitution has been expanded to
take within its ambit the right to a clean and decent environment.

Not only this, there is still a greater obligation upon the Centre, State and the Shrine Board in
terms of Article 48A of the Constitution where it is required to protect and improve the
environment. Article 25(2) of the UDHR ensures right to standard of adequate living for health
and well-being of an individual including housing and medical care and the right to security in
the event of sickness, disability etc. The expression 'life' enshrined in Article 21 of the
Constitution does not connote mere animal existence or continued drudgery through life. It has a
much wider meaning which includes right to livelihood, better standard of living, hygienic
conditions in the workplace and leisure. The right to life with human dignity encompasses within
its fold, some of the finer facets of human civilization which makes life worth living. The
expanded connotation of life would mean the tradition and cultural heritage of the persons
concerned. In the case of Consumer Education & Research Centre (supra), the Court discussing
the case of C.E.S.C. Ltd. v. Subhash Chandra Bose (1992) 1 SCC 441) stated with approval
that in that case the Court had considered the gamut of operational efficacy of human rights and
constitutional rights, the right to medical aid and health and held the right to social justice as a
fundamental right. The Court further stated that the facilities for medical care and health to
prevent sickness, ensure stable manpower for economic development and generate devotion to
duty and dedication to give the workers' best performance, physically as well as mentally. The
Court particularly, while referring to the workmen made reference to Articles 21, 39(e), 41, 43
and 48-A of the Constitution of India to substantiate that social security, just and humane
conditions of work and leisure to workmen are part of his meaningful right to life.