Introduction
The Right to life is most fundamental standard in human rights laws. Indian constitution guarantees right to life under article 21 which states no person shall be deprived of his personal life. Also, Article 6(1) of the 'International Covenant on Civil and Political Rights' (ICCPR) ensures right to life. The peaceful fulfillment of the right to life is at risk in a number of ways because of climate change and related disasters. For example, calamities brought on by cyclones and floods may cause more deaths and human fatalities. Furthermore, availability of nutritious food, safe water, and other essential social and economic rights that are essential for enjoying life may be endangered by sea level rise, increasing climate threats, and environmental pollution.
An environment free of pollution is now a fundamental part of the right to life itself, not just a policy goal. According to judicial precedents, especially in India, protecting the environment is essential to preserving life and individual liberty under the 21st article of the Constitution. To guarantee that future generations inherit a habitable planet.
Objectives
To explore the expanding legal recognition of rights related to the environment as fundamental to the right to life, highlighting the critical need for sustainable development, strict environmental legislation, and state responsibility. The subject matter emphasizes that having an environment without pollution is essential for maintaining equality, fairness, and human well-being and is not a privilege.
Statement of Problem
1.To examine relationship between Right to Life and environmental protection.
2.To analyze impact of environment degradation on Right to Life and human rights broadly.
3.To study role of Indian judiciary while interpreting Right to Life in context of environmental rights under Article 21.
Hypothesis
Environmental degradation has directly impacted Right to Life.
Indian Judiciary through judicial interpretation strengthen the environmental rights by expanding scope of Right to life.
Methodology
The study follows the doctrinal research methodology, based on the analysis of constitutional provisions, judicial pronouncements and secondary sources such as books and legal articles. The data mentioned is both through primary and secondary sources.
Environmental Degradation
The interconnectedness and interdependence of human rights and the environment are referred to as their confluence. It acknowledges that environmental degradation can have detrimental effects on the realization of human rights and that the enjoyment of fundamental rights is intrinsically linked to environmental conditions. A collection of essential freedoms and rights that every individual possesses are referred to as human rights. These rights include civil, political, socioeconomic, and cultural rights. They are enshrined in both legal frameworks and regional and international human rights accords.
The natural world that envelops us, including habitats, natural assets, biodiversity, and overall ecological balance, is referred to as the environment. It encompasses the land we live on, the water that we drink, the air we breathe, and the environment that sustains life on Earth. Because environmental conditions have a direct impact on the enjoyment of human rights, there is a link between basic human rights and the environment. For instance: Right to Health and Life: Human health is at risk from pollution in the environment, exposure to dangerous substances, and ecosystem destruction, which can result in diseases and even fatalities.
Environmental deterioration can be caused by a variety of factors, such as growing populations that lead to the development of residential and commercial complexes. When there is not enough land for building, it leads to trespassing on forest and agricultural property, which inevitably damages animals natural habitats and causes human-animal conflict. The rights of those who live in the forest are negatively impacted by the protected status of the forest areas. They were stripped of their long-standing privileges and had their movement severely constrained by the government's control over transactions in the forests.
Air is the first prerequisite for life. The causes of air pollution, which leads to health problems and inevitably impacts the right to fresh air, are vehicle pollution and industrial emissions. Indians have a fundamental right to safe drinking water, yet inadequate sewage and drainage systems lead to water contamination. For humans to survive, water is an essential necessity. It is a component of the human rights and right to life guaranteed by Article 21 of the Indian Constitution. During the United Nations Water Conference in 1977, the UN unanimously decided that "all people, whatever their stage of development and their social and economic conditions, have the right to have access to drinking water in quantity and of a quality equal to their basic needs." India is a signatory to this resolution. The various sources of environmental degradation include the release of hazardous wastes, illicit mining, large-scale projects, and restoration.
Role of Indian Judiciary
Hon'ble Justice V.R. Krishna Iyer said in case of Ratlam Municipality vs. Vardhichand¹, "The human rights calling for the unpolluted environment must be implemented irrespective of financial constraints. The public nuisance because of pollutants is a challenge to the social justice component of the rule of law". Currently, protection and improvement of the environment are the key concerns for the world. As per United Nations Environment Program reports approx. 12.6 million deaths are due to unhealthy environment, mostly attributable to air pollution amount to as much as 8.2 million of these deaths.
"Man has the fundamental right to freedom, equality and adequate conditions of life, in environment of that permits a life of dignity and well being, and he bears a solemn responsibility to protect and improve the environment for present and future generations. In this respect, policies promoting or perpetuating apartheid, racial segregation, discrimination, colonial and other forms of oppression and foreign domination stand condemned and must be eliminated." Is the first principle of the Stockholm Declaration, 1972 incorporated in Articles 14, 19 and the 21 of the Indian Constitution. Right to wholesome and clean environment is a fundamental right under Article 21 of the Constitution.
Due to broader interpretation of Article 21 of the Constitution by the judiciary in India, right to live in a healthy environment is a fundamental right under Article 21. A clean environment is essential to live a healthy life, which requires an ecological balance and a pollution free environment. It is duty of state and citizens to provide a clean environment so that human beings can live with dignity.
In Rural Litigation and Entitlement Kendra, Dehradun Vs. State of Uttar Pradesh² popularly known as Doon Valley Case, the Entitlement Kendra Dehradun wrote a letter to the supreme court of India about an illegal mining in Mussoorie Hills. Because of it, the fragile ecosystem was disturbed. The letter was accepted by the Supreme court of India under Article 32 of the constitution. The apex court first time recognised right to live in a healthy environment is a fundamental right under Right to Life.
In Subhash Kumar vs. State of Bihar³ a petition was filed against the dumping of waste from iron and steel companies into the Bokaro River. Supreme Court of India expanded the meaning of Right to Life under Article 21 and held that the Right to Life and personal liberty includes right to enjoyment of pollution free water and air for full enjoyment of life. It is evident that these landmark judgments that the pollution free environment is an integral part of the right to life and liberty. It ensures that the action of the state on environment must be based on fairness and equality.
By developing important environmental law principles through judicial interpretation, especially under Article 21 of the Constitution, the Indian court has been instrumental in bolstering environmental protection. These guidelines guarantee that environmental governance is consistent with human dignity and the basic right to life.
The Principle of Sustainable Development, which emphasizes addressing current demands without jeopardizing the capacity of future generations to address their own, is one of the most important ideas established by the courts. The Supreme Court ruled in Vellore Citizens Welfare Forum v. Union of India⁴ that sustainable development is a key component of Indian environmental law and a notion that strikes a balance between ecology and development.
The Precautionary Principle requires the State and statutory authorities to anticipate, prevent, and address the causes of environmental degradation. Delays in taking action to protect the environment shouldn't be justified by the lack of scientific assurance. According to this theory, it is now the developer's or polluter's responsibility to demonstrate that what they do are environmentally beneficial.
The Polluter Pays Principle, which maintains that the expenses of pollution control and restoration of the environment must be borne by the entity causing the pollution, is another crucial idea.
The Public Trust Doctrine states that the State holds natural resources like water, air, forests, and beaches in trust for the public. If transferring these assets for private use causes environmental harm, the state cannot do so. The State's duty to safeguard natural resources for the benefit of the public and future generations is strengthened by this notion.
In M.C. Mehta v. Union of India⁵ (Oleum Gas Leak Case), the Supreme Court evolved the doctrine of absolute liability for hazardous industries. The Court held that enterprises engaged in inherently dangerous activities are absolutely liable for any harm caused, irrespective of negligence. This landmark judgment emphasized that the right to life under Article 21 includes the right to live in a safe and pollution-free environment and that industrial development cannot take place at the cost of human life and health.
In the Ganga Pollution Case⁶ the Supreme Court held that the discharge of untreated effluents into rivers violates the right to life of citizens. The Court observed that the right to life includes the right to enjoy pollution-free water and directed the closure of industries that failed to install pollution control devices. This case reaffirmed the judiciary's commitment to environmental protection as a fundamental human right.
Conclusions
Environmental protection is no longer a matter of policy discretion, but a constitutional and human rights obligation intrinsically linked to the Right to Life under Article 21 of the Indian Constitution. Environmental degradation directly threatens human existence by affecting air, water, health, livelihood, and overall human dignity. Through progressive judicial interpretation, the Indian judiciary has expanded the scope of Article 21 to include the right to a clean, healthy, and pollution-free environment.
Landmark judgments such as Ratlam Municipality, Doon Valley Case, and Subhash Kumar have established that environmental rights are inseparable from the right to life and personal liberty. The courts have played a crucial role in enforcing environmental accountability, developing principles like sustainable development and the precautionary principle, and ensuring that economic development does not occur at the cost of human survival.
Considering increasing environmental challenges such as climate change, pollution, and resource depletion, there is an urgent need for stronger environmental governance, effective enforcement of environmental laws, and greater public participation. Protecting the environment is essential not only for the present generation but also to secure the right to life of future generations. Thus, environmental protection must be recognized as a fundamental prerequisite for a dignified human existence.
References & Citations :-
¹ 1980 AIR 1622
² AIR 1985 SC 652 (Note: Corrected contextually in text as Rural Litigation and Entitlement Kendra)
³ 1991 (1) SCC 598
⁴ AIR 1996 SUPREME COURT 2715
⁵ 1987 AIR 1086
⁶ 1988 AIR 1115
Agarwal. (1994). An Indian Environmentalist Credo. Oxford University Press.
Leelakrishnan, P. (2006). Environmental Law. LexisNexis.
UNEP. (n.d.). UN environment programme. Retrieved from https://www.unep.org/news-and-stories/story/estimated-126-million-deaths-each-year-are-attributable-unhealthy
About Author :-
Mr. Prathamesh Vijaykumar Nikam