HUMAN RIGHTS AND

ENVIRONMENT PROTECTION

Darsha Jayakumar
Roll No:- 22
 INTRODUCTION

• The nexus b/w human rights and environment protection stands at the forefront
of our collective responsibility.
• Individuals have a fundamental right to live in a clean and sustainable
environment.
• As global challenges demand collective action, a comprehensive approach is
essential to address the interdependence b/w human right and environment
well-being.
 HUMAN RIGHTS AND THE
ENVIRONMENT

• A safe, clean, healthy, and sustainable environment is essential in the

enjoyment of our human rights.
• Environmental rights means any proclamation of a human right to
environmental conditions of a specified quality.
• When environmental rights are violated, people and the planet suffer from
reduced health and well-being.
• Its relationship was first recognized by UNGA in the late 1980s.
 FUNDAMENTAL RIGHTS AND
ENVIRONMENT PROTECTION

• Article 14 - Right to Equality :- any action taken by the state for environment
protection cannot infringe the right to equality.
• Article 19(1)(g) - Freedom of Trade and Commerce :- it has limitation under
Art 19(6) to avoid environmental hazards.
Case law :- M.C. Mehta v. Union of India
• Article 21 – Right to Life and Personal Liberty :- this article does not directly
confer the right to clean water and a healthy environment.
 DPSP AND ENVIRONMENT
PROTECTION

In the Constitutional (42nd Amendment) Act, 1976, two new articles that is
• Article 48-A :- Imposes duties on state to protect and improve the environment
and also preserving and safeguarding the forests and wildlife.
• Article 51-A(g) :- Imposes a duty on every citizen of India to protect and
improve the natural environment including forests, lakes, rivers, and wildlife.
Case law :- Kinkeri Devi v. State
 STATUTORY LAW RELATING TO
ENVIRONMENTAL PROTECTION

• Environmental Protection Act, 1986.

• Water(Prevention and Control of Pollution)Act, 1974.
• Air(Prevention and Control of Pollution)Act, 1981.
• Forest (Conservation) Act, 1980.
• The Wild Life (Protection)Act, 1981.
• National Green Tribunal Act, 2010.
• Public Liability Insurance Act, 1991.
 RIGHT TO SAFE ENVIRONMENT

• Right to a safe environment is a fundamental human right

• A safe environment encompasses various elements, including clean air, water,
soil as well as protection from hazardous substances and pollutants.
• This right places a responsibility on govt and other entities to adopt measures
that prevent environmental degradation, pollution and the depletion of natural
resources.
• The right to a safe environment is central to the vision of a just, sustainable and
healthy world for all.
 CONCLUSION

• Increasing population level, deforestation, global warming adversely affects the

environment and leads to ecological imbalance.
• While giving protection to the environment we protect and preserve human life.
• Human life and nature and corelated and complementary exists.
• To maintain the equilibrium b/w human development and environment, then it is
the moral and fundamental duty of human beings to preserve and protect the
environment.
• By the 42nd Amendment in the Indian Constitution, it is the fundamental duty
and obligation of the state and every citizen to protect the environment.