Right to Clean

Environment
By Govinda Saha
1st Sem. LLM NUSRL RANCHI
  Environment as a basic right
•  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. Therefore
violation 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.
• 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.
 International scenario
• Stockholm Conference,1972
• The report on the World Commission on
Environment and Development.
• Earth Summit of 1992
 Indian scenario
•  India parliament passed many statutes to protect and improve the
environment viz. Wildlife (protection) Act, 1972; Water (prevention and
control of pollution) Act, 1974; the forest (conservation) Act, 1989; the air
(prevention and control of pollution) Act,1981 and above all the
Environment (protection) Act, 1986.
•  The constitutional (forty-second Amendment) Act, 1976
• The Penal Code too at that time contained provisions making pollution a
crime.
Section 277 relates to water pollution.
Section 278 relates to water pollution
Section 426, 430, 431 and 432 relates to pollution in general.
Section 368 talks about public nuisance where under noise pollution can
inter alia be controlled.
• The National Committee on Environmental Planning and Coordination
(NCEPC),1972
•  Tiwari Committee,1980
 Cases
• M.C.Mehta vs. Union of India: Directions to remove environmental
illiteracy were given.
•  M. C Mehta v. Kamal Nath: any disturbance of basic environmental
elements namely air, water and soil which are necessary for life would be
hazardous to life and can’t be polluted.
•  Rural litigation and entitlement Kendra v. State of U.P: Limestone mining
which denuded mussoorie hills of trees and forests cover and accentuated
soil erosion resulting in blockage of underground water channels were
banned.
•  Tarun Bharat Sangh (NGO) v. UOI:Closure of all 400 marble mines around
Sariska tiger reserve which threatened the wildlife of that area.
•  Vellore citizens welfare forum v. UOI:Precautionary principle and polluter
pays principle was evolved. It was a case of tanneries causing pollution to
clean drinking water in Tamil Nadu.
Continued…
• T.N Godavarman Thirummalpad v. UOI:1 crore fine was levied on
Himachal Pradesh government for allowing companies to paint ads on eco
– fragile rock faces on both sides of Rohtang- Manali road.
• M.C.Mehta vs. UOI:Also famous as the Taj trapezium case, in which
industries were asked to shift from the use of coke/ coal to natural gas. For
those who can’t will have to stop functioning.
•  P.A. Jacob v. Suprintendent of police, Kottayam:In this case the
Kerela high Court held that the freedom of speech does not include
freedom to use loudspeakers or sound amplifiers to cause noise pollution
and risk to human health.
•  T.K. Koolwal v. State of Rajasthan:The High court extended the
right to know to entitle a person to have complete information about the
sanitation programme of the municipal corporation.
Continued…

•  Indian council for Enviro-Legal action v. Union of India:It is

also popularly known as the coastal zone protection case, the apex court
took a serious view of the executive’s lethargic attitude in implementing
the laws meant for the protection of right to life and directed them to
implement the relevant laws strictly to maintain ecological balance.
•  Subhash Kumar v. State of Bihar:It was held that the right to
enjoyment of pollution free water and air for full enjoyment of life was
held as a part of right to life under Article 21.
•  Murli S. Deora v. Union of India: The Supreme Court banned
smoking in public places by ruling that non-smokers cannot be compelled
to be helpless victims of air pollution.
 Conclusion
• The movements are massive and legal maneuvers stupendous, but much
appears to be yet in store. The children and the layman have all become
endowed with the consciousness for a halcyonic environment. However,
positive results are not forthcoming.
•  India needs a global war on environmental degradation that is as
aggressive and well - funded as the war on terrorism. More than ever we
need to take necessary steps to ensure that the environment remains at
the top of our agenda.