Right to Clean Environment: A basic Human Right

Environment as a basic human right –

The concept of human rights in general emerged after the 2nd 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 frequently 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.
* International Scenario-
The conference on human environment held at Stockholm in 1972. Popularly called
as the Magna Carta of human environment warned that the “natural resources of
the Earth including air, water, land, flora and fauna and especially the representative
sample of natural ecosystem must be safeguarded for the benefit of the present and
future generations through careful planning or management as appropriate.” The
report on the World Commission on Environment and Development suggested 22
legal principles for environmental protection and sustainable development. ‘Caring
for the Earth 1991’ and the ‘Earth Summit’ of 1992 also declared that human beings
are entitled to a healthy and productive life in harmony with nature.
• Indian Scenario -
Although the real panic in India came to be felt only after the Bhopal gas tragedy in
1984, yet it began concentrating on the problem of pollution soon after the
Stockholm conference. 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. Further the constitutional (42nd Amendment) Act, 1976
incorporated two significant articles viz. Article 48-A and 51A (g) thereby making
the Indian Constitution the first in the world conferring constitutional status to the
environment protection.
 Article 48A states “The State shall endeavour to protect and improve the
environment and to safeguard the forests and wildlife of the country.” while
Article 51 A (g) states part of the Fundamental Duties read, “It shall be the duty
of every citizen of India... to protect and improve the natural environment...”
An international conference on Environmental education was conducted at New
Delhi which called for a massive programme on environmental education,
research and monitoring emphasizing on the need for both formal and informal
education, which should start right from the childhood stressing for the need of
governmental and nongovernmental organizations and specialized institutions to
come forward for teaching and training towards protection of the environment.
The Penal code too at that time has provisions making pollution an offence:
u/s 277 and 278 relates to water pollution, u/s 426, 430,431 and 432 relates to
pollution in general, u/s 368 noise pollution under public nuisance.
The concern for an integrated environment in the context for planning for
economic development was specifically raised in the 4th five year plan, which
mainly talked about the obligation of each generation to have a sustainable
development and also about the inter- dependence of living things and their
relationship with land, air and water.
The National Committee on Environmental Planning and Coordination (NCEPC) was
established in February, 1972 and within its purview were covered several
environmental projects like human settlements, planning, survey of natural eco-
systems, like wetlands and spreading of environmental awareness. In every State
and in Union Territories environmental boards have eventually been set up and the
major object of the committee was to advise on environmental problems and to
make recommendations for their improvement. This office was finally made the
Environment Division of the Department of Science and Technology.
Though we have enacted many laws to protect environment to strengthen the
constitutional provisions for environment but still these laws and provisions are
made super effective by the various interpretations given by the Apex Court. The
environmental jurisprudence in our country today mostly developed by these
interpretations. For example – 1> M C Mehta vs Union of India in which Directions
to remove environmental illiteracy were given –

• Cinema halls/video parlours to exhibit not less than two slides on environment
prepared by the ministry of environment.
• Doordarshan and AIR to allot 5-7 minutes daily for interesting programmes on
environment.
• Environment be made a compulsory subject in a graded way in schools and
colleges and universities shall prescribe a course for the same.
2> M. C Mehta v. Kamal Nath - Supreme Court made it crystal clear that 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. (Hotel was
discharging effluent into river and hence causing disturbance to aquatic life and
water sanitation).
3> 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.
Judiciary plays a very important role to ensure no person shall be deprived from
their right to clean and healthy environment.

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.

Thanks.