Is the right to the environment a fundamental right in India?
Is right to environment is fundamental right in India? Yes, the Right to a Clean and Healthy Environment has been recognized as a fundamental right in India under Article 21 of the Indian Constitution, which guarantees the Right to Life and Personal Liberty. Though the Constitution does not explicitly mention the right to a clean environment, Indian courts have interpreted this right to be an integral part of the Right to Life.
Judicial Interpretation:
The Indian judiciary has played a crucial role in recognizing the right to a healthy environment. Several landmark cases have contributed to this development:
1. Subhash Kumar v. State of Bihar (1991):
The Supreme Court held that the Right to Life includes the right to enjoy pollution-free air and water, and that environmental protection is essential to safeguard this right.
2. MC Mehta v. Union of India (Taj Trapezium Case):
In this case, the court emphasized the need to control air pollution around the Taj Mahal and ruled that industries causing pollution had to adopt cleaner technologies or be relocated. Thus, the decision underlined the importance of environmental protection for preserving cultural heritage and public health.
3. Vellore Citizens Welfare Forum v. Union of India (1996):
The Supreme Court introduced the concept of Sustainable Development and the Precautionary Principle, stating that development must occur without harming the environment and that environmental protection is integral to the right to life.
Constitutional Provisions Related to the Environment:
While Article 21 has been the primary basis for interpreting the right to a clean environment. Also, the Indian Constitution has specific provisions related to environmental protection:
– Article 48A (Directive Principles of State Policy): Directs the State to protect and improve the environment and safeguard forests and wildlife.
– Article 51A(g) (Fundamental Duties): Imposes a duty on citizens to protect the environment and have compassion for living creatures.
In Summary:
Yes, right to the environment is the fundamental right in India. The Right to a Clean and Healthy Environment is not explicitly mentioned in the Constitution but has been recognized as part of the Right to Life under Article 21. Also, Indian courts have played a significant role in expanding the scope of fundamental rights to include environmental protection.
Stay tuned on our website as if any official information pops up then we will update you in minutes! If you want all the latest updates on time then join our student community on WhatsApp!
Choose the right career yourself by booking personal guidance from professionals on Mytagapp.com!
