Impact of Environmental Pollution on the Right to Life in India
DOI:
https://doi.org/10.59436/jsiane.443.2583-2093Keywords:
Right to Life, Environmental, Human Health, ResponsibilityAbstract
Environmental pollution has emerged as one of the most serious threats to human health and dignity in contemporary India, directly affecting the fundamental Right to Life guaranteed under Article 21 of the Constitution of India. Rapid industrialization, urbanization, population growth, and unregulated exploitation of natural resources have led to alarming levels of air, water, soil, and noise pollution, thereby endangering the physical and mental well-being of citizens. This study examines the impact of environmental pollution on the right to life by analysing constitutional provisions, judicial interpretations, statutory frameworks, and environmental policies in India. The paper adopts a doctrinal and analytical research approach, relying on constitutional mandates, landmark judgments of the Supreme Court and High Courts, and relevant environmental legislation such as the Environment (Protection) Act, 1986, Air (Prevention and Control of Pollution) Act, 1981, and Water (Prevention and Control of Pollution) Act, 1974. Judicial activism has played a pivotal role in expanding the scope of Article 21 to include the right to a clean and healthy environment, safe drinking water, and pollution-free air. Despite progressive legal developments, enforcement challenges, regulatory failures, and socio-economic disparities continue to undermine effective environmental protection. The study highlights the direct linkage between environmental degradation and violations of the right to life, particularly affecting vulnerable communities. It concludes by emphasizing the need for stronger enforcement mechanisms, sustainable development practices, public awareness, and collective responsibility to ensure environmental justice and safeguard the right to life for present and future generations.
References
The Gazette of India Part II, Section 3
World Health Organization. WHO Global Urban Ambient Pollution Database (Update 2016). 2016.
Supra note 19, P 26 -27
S.C. Shastri, Environmental Law, 3rd Edition, 2008, EBC Publications, P-19
The Air (Prevention and Control of Pollution) Act of 1981.
Dr. H.N. Tiwari, Environmental Law, Allahabad Law Agency, 1997, P-122
Indrajit Dube, Environmental Jurisprudence, Polluter’s Liability, LexisNexis Butterworths, 2007 P-9.
Subhash Kumar v. State of Bihar, AIR 1991 SC 420
M.C. Mehta v. Union of India, (1987) 1 SCC 395
Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225
Dakshinamurthy, K.S., Environmental Jurisprudence in India, Eastern Book Company
Stockholm Declaration on the Human Environment, 1972
The Constitution of India, Articles 48A and 51A(g)
Environment (Protection) Act, 1986
Constitution of India, 1950, art. 21.
Baig, M. A. A. “Environment, Law and Justice”. Daya Books, 1996.
1986 AIR 180, 1985 SCR Supl. (2) 51 https://indiankanoon.org/doc/709776/
AIR 1988 HP 4 https://indiankanoon.org/doc/837514/
1991 AIR 420, 1991 SCR (1)5 https://indiankanoon.org/doc/1646284/
Mehta M C Vs. Union of India, 1992. http://www.thelaws.com/Encyclopedia/Browse/Case?CaseId=001991616000
Mehta M.C. vs Kamal Nath & Ors on 13 December, 1996. https://indiankanoon.org/doc/1514672/
Singh Sher vs State Of Hp on 6 February, 2014. https://indiankanoon.org/doc/194586080/
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