Right To Life And Environmental Protection: Exploring How Right To Life Under Article 21 Can Be Used To Protect The Environment
- IJLLR Journal
- 24 hours ago
- 1 min read
Risha Fatema, Dr. K.N. Modi University
ABSTRACT
The Right to Life under Article 21 of the Indian Constitution has been judicially interpreted in a liberal manner to include the right to a clean and healthy environment. Environmental pollution directly enters the realm of human health, well-being, and quality of life, and therefore, it is a basic right to save the environment. The present article elucidates the evolution of environmental jurisprudence under Article 21 and speaks of some of the trailblazing judicial dicta that have consolidated the duty of the state towards the protection of the environment.
The study delves into earlier instances such as Rural Litigation and Entitlement Kendra v. State of Uttar Pradesh (1985), M.C. Mehta v. Union of India (1986), and Vellore Citizens Welfare Forum v. Union of India (1996) that established fundamental principles of the environment such as the Polluter Pays Principle, Precautionary Principle, and Sustainable Development. The study further delves into the role PILs have played in establishing environmental rights with stress laid on how judicial activism has played its role.
Despite the positive judicial intervention, enforcement is weak because of weak governance, dispute over developmental and sustainability, and opposition from the industry. India's need for an effective model of environmental governance is highlighted by comparative study with foreign models.
The article concludes with a suggestion for policy reforms, enforcement, and more public involvement to ensure that environmental protection becomes an essential part of the Right to Life. The environment needs to be pronounced a human right in order to promote sustainable development and intergenerational justice.
Keywords: Right to Life, Environmental Protection, Judicial Activism, Public Interest Litigation (PIL), Environmental Governance.
