MC Mehta And The Quest For A Pollution-Free Environment: Changing Paradigms Of Right To A Healthy Environment

Suhana & Sunidhi Khabya, National Law University, Jodhpur

ABSTRACT

This paper offers a comprehensive study of the evolution of Right to a healthy environment, in the light of cases fought by M.C. Mehta an eminent lawyer and pioneer in taking Indian environmental protection issues to the apex court often in the form of PILs.

It starts with a study of the Constitutional provisions on the right to environment and how in that regard, the fundamental rights, duties and the directive principles have been read together. By analysing, some landmark judgments related to environmental laws in India, the paper attempts to illustrate the growing changes in the perceptions of environmental issues and the growth of environmental consciousness, as compared to the 1950s when it was not a major issue.

Furthermore, the paper discusses the conditions of the laws and rights prior to the famous “M.C. Mehta cases” and also discusses the degrading environmental conditions which led to the demand for the right to a healthy environment as a fundamental human right, and eventually brought it under the scope of Article 21.

The paper also discusses the circumstances post the “M.C. Mehta cases”, which led to the creation of the National Green Tribunal and further led India to sign various environmental treaties and agreements in international forums. Moreover, the paper also considers the international context of changing environmental rights.