Right To Environment: A Basic Human Right: A Constitutional Law Perspective

Aditie Sinha & Jay Wadhwa, Symbiosis Law School, Noida

ABSTRACT

This paper presents a detailed analysis of the origins and history of human rights, tracing its roots from historical events such as Cyrus the Great's proclamations in 539 BC through major milestones such as the Magna Carta and the French Declaration of the Rights of Man and of the Citizen. The theoretical framework of human rights, as outlined in the Universal Declaration of Human Rights, serves as the foundation for the discussion of the rising right to the environment.

The study emphasises the 1960s awakening of environmental consciousness, which was fueled by Rachel Carson's renowned work, "Silent Spring," and President Richard Nixon's 1970 message on environmental awareness. It emphasises the significance of environmental conservation for human well- being and dignity, as recognised by the Stockholm International Conference on Human Environment in 1972.

The research paper covers India's environmental education activities, which were driven by the International Conference on Environmental Education in 1981 and the founding of the National Committee on Environmental Planning and Coordination. The legislative framework for environmental protection is also covered, comprising important provisions of the Indian Penal Code and the Code of Criminal Procedure, illustrating the country's commitment to solving environmental challenges.

The paper presents major court decisions, such as Sachidanand Pandey v State of West Bengal and M.C. Mehta v Union of India, that highlight the necessity of recognising environmental rights under the Directive Principles of State Policy and Fundamental Duties of the Indian Constitution. As critical legal ideas, the concept of sustainable development and the principle of "polluter pays" are underlined.

The article concludes by emphasising the necessity of conserving the environment for future generations, emphasising the urgent need to find a balance between economic advancement and ecological preservation. The exponential rise of the human population, along with the finite nature of resources, necessitates quick and significant action to protect the Earth from ecological devastation. This legal approach can help policymakers and stakeholders work towards a more sustainable and environmentally responsible future.