Evolution Of The Human Environment In India: Scope And Jurisprudential Development With Special Reference To M.C. Mehta Vs. Union Of India
- IJLLR Journal
- 4 days ago
- 2 min read
Ms. Eshita Debnath & Ms. Romita Ray, LL.M., Department of Law, Brainware University, Barasat, West Bengal, India
ABSTRACT
In India ‘Nature’ (environment) is worshiped in many ways. Cultural and religious practices show the deep-rooted connection between ‘Human’ and ‘Environment’.
Over time the relation between humans and nature has experienced significant changes. Noticeable changes are evident due to judicial decisions where the environment was concerned. This chapter looks at the definitions, scope, and development of the human environment in India. It also examines case laws on how the human environment concept has judicially been interpreted.
This chapter also focuses on how environmental issues have been built into the scope of the right to life in Article 21 of the Constitution, thus solidifying the status of the protection of the environment as a constitutional obligation. This chapter traces the progress made in developing environmental law in India by the international movements to protect the environment.
In another way, an important portion of this chapter is devoted to an analysis of M. C. Mehta’s landmark cases. M.C. Mehta has influenced the evolution and strengthened the establishment of India’s environmental law as well as principles like absolute liability, the polluter-pays principle, and the precautionary principle, using a significant tool called public interest litigation.
And thus, this chapter’s contribution is on the evaluation of the role of judicial stances on the environment. It also addresses problems regarding implementation and its limitations. The conclusion part is about the necessity of a balanced approach to sustainable development to harmonize environmental protection with developmental goals to serve the present and future generations with a healthy human environment.
Keywords: Human environment, Environment Protection, M. C. Mehta, Absolute Liability, Polluter Pays Principle, Precautionary Principle.
