Authoured By: Aakriti Thakur
Noida International University
Abstract
The recognition of a healthy environment as an essential fact of Human rights has gained a considerable pull in both constitutional and legal frameworks. In Indian Constitution Article 21 has been judicially interpreted to include the Right to clean and healthy environment as ingredient to the right to life. MC Mehta v. Union of India, a landmark judgement had strengthened this interpretation, laying the foundation for environmental jurisprudence rooted in fundamental rights. At the same time, international instruments like the recent UN resolutions and Universal declaration of Human Rights acknowledge environmental protection as an essential to human dignity and survival. The article surveys on the meeting of environmental law & human rights by examining key legal developments, landmark case laws, state obligation at both national and international levels. It highlights the evolving role of judiciary in promoting environmental justice and ensuring that environmental degradation does not infringe on basic human prerogatives. The article also discusses the challenge in enforcement and implementation, suggests that a harmonised approach between national laws and international norms is necessary to secure environmental rights for current and future generations.
KEYWORDS- Right to Life, Article 21, Environmental protection, Human rights, MC Mehta Case, International environment law, Sustainable development, Constitutional jurisprudence.
Introduction
The environment has become an increasingly a great critical concern in present century, as rising levels of pollution, climate change, and degradation directly harm human well-being. While environmental protection has traditionally been addressed through state regulations and policy startups, a significant shift has emerged viewing environmental protection as an important component of fundamental human rights. In India judiciary has taken this shift particularly through a progressive interpretation of Article 21 of the constitution of India which guarantees the Right to Life. Court have recognised that a life with dignity is not possible in a polluted or degraded environment.
Internationally, the environmental rights and human rights has gained momentum through recent resolution of the United Nations declaration treaties and declaration treaties. The Convergence of Constitutional and international perspective reflects a growing understanding that environmental protection is no longer a peripheral issue-it is central to the realization of basic human rights framework.
Constitutional Recognition in India
Article 21 and the Right to a healthy Environment
The constitution of India under Article 21 guarantees the right to life and personal liberty. Over the years, the Supreme court has interpreted this right expansively to include the right to live in a clean and healthy environment. This judicial interpretation has filled the legislative gaps in environmental governance and raised environmental concerns to the status of fundamental rights. The court has constitutionally held that degradation of the environment – such as polluted air, contaminated water and unregulated industrial activities- directly affects the quality of life and is therefore a violation of Article 21.
Role of Public Interest Litigation
Jurisprudence of the India’s environment has been significantly shaping through PILs which have empowered citizens and NGOs to approach courts even without the personal interest. These cases often lack to Landmark rulings that enhance state’s accountability and environmental enforcement. PILs have allowed the judiciary to address large scale ecological issues ranging from air and water pollution to reforestation and urban waste management.
Landmark Case Laws
MC Mehta Union of India (Oleum gas leak case, 1986)
This case marked the beginning of environmental law PILs in India. The court established the principle of absolute liability, holding industries responsible for hazardous activities and also affirmant that the right to a clean environment is part of Article 21.
MC Mehta v. Union of India (Ganga pollution Case)
Here, the court directed the closure of polluting tranderies along the ganga river, reinforcing the state’s duties to prevent the environmental degradation.
Vellore citizens welfare forum v. Union of India, 1996
The supreme court formally adopted the precautionary principle and polluter pays principle from international law stating the sustainable development is part of Indian constitution philosophy.
Subhash Kumar v. State of Bihar, 1991
The court held that the right to clean water is included under the right to life. Industrial pollution of rivers was treated as a violation of the fundamental rights.
Environmental Principles recognized by Indian courts
- Polluter pays principle: The polluter bears the cost of environmental
- Precautionary principle: Prevent harm before its happening, even without full scientific
- Sustainable development: Development must balance present needs with future
International Human Rights and Environmental Protection
Global Recognition of Environmental Rights
An evolving component of international human rights is environmental protection. While most of the documents that are founded (the Universal Declaration of Human Rights) do not mention it explicitly, recent legal developments affirm environment’s vital role in securing basic rights like water, health and life.
Key International Declarations and Treaties
Stockholm Declaration (1972): First major international document linking environment and human well-being.
Rio Declaration (1992): Introduced principles of sustainable development and public participation. Aarhus Convention (1998): Emphasized environmental rights like access to information and justice.
UN Human Rights Council Resolution (2021): Officially recognized as a clean, healthy, and sustainable environment as a human right.
State Obligations under International Law
Countries are expected to:
-Prevent environmental harm that affects human rights.
-Cooperate on transboundary environmental issues.
-Align domestic policies with international environmental standards.
Comparative Constitutional Perspectives
South Africa: The Constitution explicitly grants everyone the right to an environment that is not harmful to their health or well-being.
Norway: Article 112 of its Constitution protects the right of current and future generations to a healthy environment.
Ecuador: Its Constitution recognizes the right of nature itself, an unprecedented legal shift.
These examples show that environmental protection is not merely a policy issue but a matter of fundamental rights.
Role of Judiciary in Advancing Environmental Jurisprudence
The courts globally play a pivotal role in interpreting environmental rights. In India, the Supreme Court has consistently used Article 21 to provide relief in environmental matters. The introduction of Public Interest Litigation (PIL) has empowered citizens to bring environmental issues before the court.
Environmental Challenges and Legal Responses in India
India continues to face grave environmental challenges:
-Air and water pollution
-Deforestation
-Loss of biodiversity
-Climate change factors
To address these, India has enacted several legislations such as:
-The Environment Protection Act, 1986
-The Air (Prevention and Control of Pollution) Act, 1981
-The Water (Prevention and Control of Pollution) Act, 1974
Recommendations and Way Forward
-Strengthen environmental courts and tribunals for faster resolution
-Enhance public awareness and participation in environmental governance
-Implement stricter penalties for environmental violations
-Promote sustainable development practices across all sectors
Climate Change and Human Rights
Climate change is not only an environmental issue but also a human right crisis. Rising sea levels, extreme weather events, and food insecurity affect the vulnerable communities. International bodies like the UNHRC and Office of the High Commissioner for Human Rights (OHCHR) have acknowledged the connection between climate action and the protection of rights such as health, housing, and life.
The impact of climate change, in India on agriculture, water access, and urban living directly challenges the constitutional right to life. Knowing this, Indian courts are now more open to hearing climate-related cases under Article 21.
Environmental Movements and Civil Society’s Role
Public participation is crucial in environmental protection. Movements such as Chipko Movement, Narmada Bachao Andolan, and recent campaigns like Save Aarey in Mumbai shows how civil society pushes for policy and legal change.
These movements highlight how environmental justice is also a social justice issue — linking land rights, tribal welfare, and intergenerational equity.
The Role of the National Green Tribunal (NGT)
Established under the National Green Tribunal Act, 2010, the NGT is a specialized forum for environmental cases. It has been an instrument in speeding environmental litigation and ensuring compliance with environmental laws.
Important NGT interventions include:
-Stopping illegal sand mining
-Regulating industrial pollution
-Protecting ecologically sensitive zones
-The NGT’s work complements the Supreme Court’s broader interpretation of Article 21 by giving people an effective forum for environmental justice.
Children’s Right to a Healthy Environment
The concept of intergenerational equity argues that future generations have a right to an ecologically balanced Earth. The UN Convention on the Rights of the Child (CRC) supports this view. In India, courts have acknowledged that the right to a healthy environment extends to unborn children and future generations — a view expressed in cases like A.P. Pollution Control Board v. Prof. M.V. Nayudu (1999).
Global Trends: Recognition of Environmental Rights as Standalone Rights
Over 150 countries now recognize the right to a healthy environment either constitutionally or legislatively. The UN General Assembly formally adopted a resolution in 2022 recognizing this as a universal human right. Though non-binding, it reflects growing global consensus.
Corporate Responsibility and Environmental Justice
In the modern era, corporations play a significant role in sustainability and environmental degradation. The Bhopal Gas Tragedy (1984) is a haunting example of how corporate negligence can result in large-scale human and ecological disasters. Although this came before the strong emergence of Article 21 jurisprudence, it created environmental consciousness and legal reform in India.
Today, companies are increasingly held accountable under laws such as the Environment (Protection) Act, 1986, and must comply with Environmental Impact Assessments (EIA). The judiciary, including the National Green Tribunal (NGT), has emphasized corporate environmental responsibility, linking it directly to human rights violations.
Globally, frameworks like the UN Guiding Principles on Business and Human Rights (UNGPs) urge businesses to respect environmental and human rights. The push for mandatory corporate sustainability reporting is a step toward aligning business practices with the right to a healthy environment.
Environmental Governance and Policy in India
While the Constitution provides the basis for environmental rights, actual governance happens through a range of, institutions, statutes, and schemes. The Ministry of Environment, Forest and Climate Change (MoEFCC) is the primary policy-making body.
Key legislations include:
Air (Prevention and Control of Pollution) Act, 1981 Water (Prevention and Control of Pollution) Act, 1974 Wildlife Protection Act, 1972
Environment (Protection) Act, 1986
These laws, though strong in letter, but face challenges in implementation due to lack of infrastructure, corruption, and political apathy. Environmental governance must evolve to include transparency, decentralization (e.g., empowering panchayats), and community-based conservation.
The Principle of Sustainable Development
A central link between environmental and human rights is the principle of sustainable development. Indian courts have endorsed this principle in multiple rulings, stating that development cannot come at the cost of environmental destruction. The Precautionary Principle, Polluter Pays Principle, and Public Trust Doctrine are legal doctrines derived from this idea. In Vellore Citizens’ Welfare Forum v. Union of India (1996), the SC formally introduced these principles into Indian environmental jurisprudence, aligning national law with international standards.
Role of Education and Awareness
The constitutional duty under Article 51A(g) requires every citizen to protect the natural environment. Education plays a crucial role in building environmental responsibility. Campaigns, eco-clubs, academic programs, and environmental activism have grown significantly in India — especially among the youth.
Legal awareness of environmental rights, inclusive public hearings and accessible legal aid for environmental clearances are important in turning legal provisions into lived realities.
Environmental Displacement and Marginalized Communities
Environmental degradation disproportionately affects marginalized groups such as indigenous people, women, and rural communities. Large infrastructure projects often result in forced displacement, violating not only the right to shelter but also cultural and livelihood rights.
The Narmada Bachao Andolan movement illustrates resistance against such development-driven displacement. A rights-based environmental approach must ensure free, prior, and informed consent (FPIC) from affected communities.
Conclusion
The right to a healthy environment as a component of the right to life under Article 21 of the Indian Constitution has played a transformative role in strengthening environmental jurisprudence in India. The dynamic stance of the Indian judiciary — particularly through landmark judgments like M.C. Mehta v. Union of India — has elevated environmental protection from a statutory obligation to a fundamental right.
Internationally, the increasing acknowledgment of environmental rights within global human rights frameworks — including the Stockholm Declaration (1972), Rio Declaration (1992), and the UNGA Resolution (2022) — reinforces the universal character of this right. It also reflects a shift toward recognizing the environment not just as a resource to be managed but as a right to be protected, particularly in the face of climate change and ecological degradation.
However, despite these advancements, implementation gaps remain. In both domestic and international spheres, enforcement, public participation, corporate accountability, and intergenerational equity need further strengthening. There is also an urgent need to harmonize environmental policies with human rights principles to ensure sustainable development that is both inclusive and just.
Reference(S):
- C. Mehta v. Union of India, AIR 1987 SC 1086.
- Vellore Citizens’ Welfare Forum Union of India, AIR 1996 SC 2715.
- Indian Constitution, Article 21 & Article 51A(g).
- Stockholm Declaration on the Human Environment,
- Rio Declaration on Environment and Development,
- United Nations General Assembly Resolution 76/300, 2022 (The Right to a Clean, Healthy and Sustainable Environment).
- Environment (Protection) Act,
- UN Human Rights Council Resolution 48/13,
- UN Guiding Principles on Business and Human Rights,
- World Commission on Environment and Development (Brundtland Report), Our Common Future, 1987.
