Authored By: SOORAJ KR
Government Law College Thrissur
ABSTRACT
Environmental protection is increasingly recognized as integral to the fundamental right to life under Article 21 of the Indian Constitution. India faces significant challenges from industrialization, urbanization, and climate change, which threaten ecological balance and disproportionately impact vulnerable communities. This article examines India’s legal framework for environmental rights, focusing on the Environment Protection Act, 1986, and the National Green Tribunal Act, 2010, which provide mechanisms for enforcement and dispute resolution. Landmark judicial interventions, such as M.C. Mehta v. Union of India, illustrate the judiciary’s proactive role in promoting environmental governance and sustainable development. Drawing on global principles, including the Aarhus Convention, the article highlights key issues such as pollution, industrial development versus ecological protection, and climate justice. It argues that India requires comprehensive and proactive legal measures to balance developmental needs with ecological sustainability and ensure effective protection of environmental rights for present and future generations.
Keywords: Environmental Rights, Climate Justice, Article 21, Environment Protection Act 1986, National Green Tribunal Act, Industrial Pollution, Judicial Activism
INTRODUCTION
Environmental protection is increasingly recognized as an essential component of human rights, reflecting the intrinsic link between ecological integrity and the right to life. In India, the judiciary has interpreted the fundamental right to life under Article 21 of the Constitution to include the right to a clean and healthy environment. This interpretation underscores the understanding that environmental degradation directly threatens public health, livelihoods, and the overall quality of life.
India faces unique environmental challenges due to rapid industrialization, urbanization, deforestation, and intensive agricultural practices. These pressures have led to air and water pollution, soil degradation, and biodiversity loss, disproportionately affecting vulnerable and marginalized communities. Climate change further exacerbates these issues by intensifying extreme weather events, rising temperatures, and threats to food and water security. The growing awareness of these threats has led to an increase in climate-related litigation and public interest cases, reflecting the judiciary’s proactive role in environmental governance.
Judicial activism in India has played a critical role in shaping environmental jurisprudence. Landmark cases, such as M.C. Mehta v. Union of India, have established key principles like the polluter pays doctrine, precautionary principle, and sustainable development, ensuring that environmental considerations are integrated into industrial and developmental decision-making. These principles have often been influenced by international instruments, such as the Aarhus Convention, which emphasizes public access to environmental information, participation in decision-making, and access to justice in environmental matters.
This article examines India’s legal framework for environmental rights, including constitutional provisions, statutory measures, and institutional mechanisms like the National Green Tribunal (NGT). It also analyzes key environmental challenges, including industrial pollution, deforestation, and climate change impacts. By integrating constitutional mandates, statutory instruments, and judicial interventions, the article highlights the need for holistic and proactive measures to advance climate justice in India. Through this analysis, it argues that a robust legal framework can balance developmental imperatives with ecological sustainability and protect environmental rights for current and future generations.
LEGAL FRAMEWORK
India’s environmental governance is anchored in both constitutional provisions and statutory instruments, providing a comprehensive framework for the protection of ecological and human health. At the constitutional level, Article 21 guarantees the right to life and personal liberty, which the judiciary has interpreted to include the right to a clean and healthy environment. Additionally, Articles 48A and 51A(g) impose directive principles and fundamental duties, obligating the State and citizens to protect and improve the environment.
The Environment Protection Act, 1986 (EPA) serves as the cornerstone of statutory environmental regulation in India. Enacted in the aftermath of the Bhopal Gas Tragedy, the EPA empowers the central government to take all necessary measures to protect and improve the environment, including the regulation of industrial emissions, hazardous waste management, and environmental standards. It provides the legal authority for the government to issue notifications, enforce compliance, and penalize violations, ensuring proactive control over environmental degradation.
To facilitate specialized adjudication of environmental disputes, India established the National Green Tribunal (NGT) under the National Green Tribunal Act, 2010. The NGT is a quasi-judicial body with jurisdiction over civil cases involving environmental protection, forest conservation, and biodiversity issues.5 It emphasizes speedy and effective disposal of cases while integrating scientific expertise in decision-making, promoting a balance between development and ecological sustainability.
Other critical statutes complement this framework, including the Air (Prevention and Control of Pollution) Act, 1981, the Water (Prevention and Control of Pollution) Act, 1974, and the Wildlife Protection Act, 1972, which collectively address sector-specific environmental concerns. Furthermore, India has ratified key international conventions, such as the United Nations Framework Convention on Climate Change (UNFCCC) and the Aarhus Convention, reinforcing principles of public participation, transparency, and access to environmental information.
Together, these constitutional provisions, statutes, and institutional mechanisms establish a multi-layered framework for environmental governance in India. While challenges persist in enforcement and compliance, this legal structure provides the foundation for judicial activism, policy formulation, and citizen-led initiatives, essential for advancing climate justice and sustainable development.
KEY ISSUES
Despite a comprehensive legal framework, India continues to face significant environmental challenges, arising primarily from industrialization, urban expansion, and climate change, which test the balance between development and ecological protection.
- Industrial Pollution
Industrial activities contribute substantially to air, water, and soil pollution. Major urban centers experience high levels of particulate matter and toxic emissions, leading to respiratory illnesses and public health crises. Water pollution from industrial effluents contaminates rivers, affecting aquatic life and human populations dependent on these water sources. Although statutes such as the Air and Water Acts and provisions under the Environment Protection Act, 1986, set emission standards, enforcement remains inconsistent, with regulatory lapses and limited monitoring capacity.
- Development vs. Ecological Protection
India’s developmental imperatives often clash with ecological conservation. Large-scale infrastructure projects, mining, and hydroelectric projects have led to deforestation, habitat loss, and displacement of indigenous communities. Courts have repeatedly emphasized that economic growth must not compromise environmental sustainability, invoking the precautionary principle and sustainable development doctrine in cases such as Vellore Citizens Welfare Forum v. Union of India. Nevertheless, conflicts between industrial expansion and ecological protection persist, requiring a nuanced, case-by-case assessment of environmental impact.
- Climate Justice and Vulnerable Communities
Climate change disproportionately impacts marginalized groups, including small farmers, tribal communities, and urban poor. Extreme weather events, erratic rainfall, and rising temperatures threaten agriculture, water security, and livelihoods. Judicial interventions increasingly recognize the right to a healthy environment as a social justice issue, linking environmental protection to human rights. The concept of climate justice emphasizes equitable distribution of environmental benefits and burdens, accountability for pollution, and inclusive decision-making processes, reflecting global principles as seen in the Aarhus Convention.
- Enforcement and Compliance Gaps
While the National Green Tribunal and other agencies provide mechanisms for redress, enforcement challenges persist due to limited resources, bureaucratic inefficiencies, and corruption. Citizen-led litigation and public interest interventions have filled gaps, highlighting the critical role of judicial activism in ensuring compliance with environmental norms.
Addressing these issues requires holistic policy-making, proactive enforcement, and participatory governance, balancing developmental needs with ecological sustainability and advancing the principles of climate justice in India.
CONCLUSION
Environmental rights and climate justice are integral to India’s constitutional and legal framework, with Article 21 serving as the foundation for recognizing the right to a clean and healthy environment. Statutes such as the Environment Protection Act, 1986, the Air and Water Acts, and the National Green Tribunal Act, 2010, provide mechanisms for enforcement, while judicial interventions in landmark cases like M.C. Mehta v. Union of India and Vellore Citizens Welfare Forum v. Union of India have established key principles such as the polluter pays doctrine, the precautionary principle, and sustainable development.
Despite these measures, challenges persist, including industrial pollution, ecological degradation, and climate vulnerabilities affecting marginalized communities. The influence of international frameworks like the Aarhus Convention highlights the importance of public participation, transparency, and access to justice in environmental governance. Strengthening climate justice in India requires holistic legal measures, effective enforcement, and participatory decision-making, ensuring that economic development aligns with ecological sustainability. By integrating constitutional mandates, statutory provisions, and judicial guidance, India can advance climate justice, safeguard environmental rights, and promote sustainable development for present and future generations.
