1.

Right to live in a healthy environment with decided case laws

Introduction.

Right to Live in a healthy environment

“Both aspects of man’s environment, the natural and the man-

made, are essential to his well-being and to the enjoyment of
basic human rights, the right to life itself.”

– United Nations, Stockholm, 1972

For leading a quality life a clean and a healthy environment is

indispensable. A person will remain healthy only if he is provided with
fresh air to breathe, clean water to drink and other basic requirements.
So in order to live a dignified and healthy life it is important for a person
to be surrounded by a clean environment. Thus, the right of the people to
live in a clean and healthy environment is a basic human right,
fundamental to live a decent life, the violation of which will be considered
a violation of basic right to life

The concept of protection of environment and its preservation can be

traced back in our Vedas where references of ecological balance,
environmental protection and other related topics are found to be made.
But the advent of innovations like thermal plants, factories, automobiles,
etc has lead to environmental deterioration the aftereffects of which are
global warming, climate change, waste disposal, deforestation etc. Many
people do not have clean air to breathe or clean water to drink or proper
sanitation facilities due to increasing pollution and unbothered attitudes of
the government

i. Constitutional provisions

The Constitution of India, 1950 didn’t include any provision for

environmental protection or preservation. However the Constitution
(Forty-second Amendment) Act, 1976 introduced Article 48-A and 51A (g)
which conferred constitutional status to environmental protection.

ii. Directive principles

  Article 48-A
This article says: “The State shall endeavour to protect and improve the
environment and to safeguard the forests and wildlife of the country”.
Though directive principles are not enforceable in the Courts ,the State
has to comply with its provisions when creating laws.

 Article 47
An attempt has also been made to provide for the right to a healthy
environment to its citizens by Article 47 which states that the “State shall
regard the raising of the level of nutrition and the standard of living of its
people and the improvement of public health as among its primary
duties.”

iii. Fundamental duties

It is a duty of every citizen to protect and preserve the environment

under Article 51-A(g) which says that “It shall be the duty of every
citizen of India to protect and improve the natural environment including
forests, lakes, rivers and wildlife and to have compassion for living
creatures.”

iv. Fundamental rights

The provision of Article 19 (1) of the Constitution which deals with

freedom of speech and expression has been used by the Supreme Court
to approach the problem of noise pollution. It has been stated that right
to speech and expression doesn’t include right to use amplifiers or
loudspeakers. Such right cannot be used so as to cause problems for
others.

Article 21 of the Constitution deals with Protection of life and personal

liberty which states that ‘No person shall be deprived of his life or
personal liberty except according to procedure established by law’. It is a
negative duty of the State to not to do anything which deprives a person
of his life or his personal liberty. To safeguard this right and other
fundamental rights Article 32 of the Constitution empowers the Supreme
Court to move whenever there is any violation of Fundamental Rights.
Although the right to a clean environment was not explicitly recognised by
the Constitution, it has been held to be implicit in Right to life under
Article 21 by the judiciary through its pronouncements. Courts have given
widest connotation to Article 21, it was argued that right to life doesn’t
mean merely ‘animal existence’ but a life with ‘human dignity’. It was
held that right to life to incorporate all those rights that are essential and
basic for the enjoyment of the standard of life, like the right to shelter,
right to food, etc. free from environmental pollution and other
environmental hazards.

Article 32 and Article 226 of the constitution has been used time and
again to raise the issue of environmental protection through Public
Interest Litigation (PIL)

v. Judicial Interpretations and Case Laws

1. MC Mehta v. Union of India (1986):

o Oleum Gas Leak Case: The Supreme Court held that the
right to life includes the right to a clean environment. This
case highlighted the duty of the state to protect citizens from
hazardous substances and emphasized the judiciary's role in
ensuring environmental protection.

2. Subhash Kumar v. State of Bihar (1991):

o The Court emphasized that a healthy environment is essential
for human existence and that the right to life includes the
right to enjoy pollution-free water and air for full enjoyment of
life.

3. Indian Council for Enviro-Legal Action v. Union of India

(1996):
o The Court reiterated that the right to a healthy environment is
integral to the right to life under Article 21. It recognized
environmental pollution as a violation of this fundamental
right and emphasized the state's duty to ensure a pollution-
free environment.

4. Vellore Citizens Welfare Forum v. Union of India (1996):

o The Supreme Court emphasized the polluter pays principle
and held that industries causing pollution must bear the cost
of remedying it. This case underscored the accountability of
industries in maintaining a healthy environment.

 M.C. Mehta v. Kamal Nath & Ors. (1997) - Taj Trapezium Case:

5. Known as the Taj Trapezium Case, this dealt with pollution affecting
the Taj Mahal due to industrial emissions. The Supreme Court
imposed strict regulations on industries in the Taj Trapezium Zone
to protect the monument.

 M.C. Mehta v. Union of India (1997) - Ganga Pollution Case:

 6. This case focused on pollution in the Ganga river. The Supreme
Court issued directives to clean and maintain the river, leading to
the establishment of the NationalGanga River Basin Authority
(NGRBA)

7. In LK Koolwal v State of Rajasthan, AIR 1988 Raj 2 the right

was based for a demand for cleaning the city of Jaipur and saving it
from unhygienic conditions. Looking at the impact of art 51-A(g) of
the Constitution, the Rajasthan High Court was of the view that
though termed as duty, the provision gives citizens a right to
approach the court for a direction to the municipal authorities to
clean the city, and that maintenance of health, sanitation and
environment falls within art 21,thereby rendering the citizens the
fundamental right to ask for affirmative action

vi. Environment protection laws

The Stockholm Conference of 1972 has largely influenced the

environmental policy making in India. Several important legislation has
taken place after that. Following Acts were produced to tackle the
problem of environment pollution.

a. The Water (Prevention and Control of Pollution) Act,1974

 The aim of the Act is to maintain wholesomeness of the water of

the country and to promote cleanliness of streams and rivers.
 It led to the establishment of Central Pollution Control Board
(CPCB) and State Pollution Control Board (SPCB).

b. The Air (Prevention and Control of Pollution) Act, 1981

 It provides for prevention, control and abatement of air pollution.

 The boards created by the ‘Water Act’ were entrusted with the
responsibility to implement the provisions of this Act also

c. The Environment (Protection) Act, 1986

  This Act was a result of the unfortunate Bhopal Gas tragedy in
1984.
 It is considered as an umbrella legislation to fill the lacuna of the
existing legislation and to help CPCBs and SPCBs coordinate their
activities under various legislations

d. The National Green Tribunal Act, 2010

 It led to the establishment of National Green Tribunal (NGT) for

speedy disposal of cases relating to environment protection and
preservation

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2. Environmental ethics in ancient and medieval times

Ancient and medieval writings on the environment provide valuable

insights into how different civilizations perceived and interacted with their
natural surroundings. These texts offer a glimpse into early environmental
philosophies, ethics, and practices that influenced human relationships
with nature.

Environment protection is not a new concept for Indians. It has been

6000 years old tradition for us; it was the “Dhrama” for each individual in
the society for protection of nature. The five important elements of nature
called “Panchabhootas” were the divine incarnation for us. Natural
resources management was given major importance in ancient India like
conservation of water bodies, Protection of forests,& wildlife were
considered to be the important aspects of governance by the rulers and
local people. Punishments were prescribed for causing injury to plants.

According to evidences in Vedas and Kautilya’s Arthasasthra, different

dynasties accorded top priority to environmental protection and
sustainable use of its components. All of the tree parts were considered
important and sacred and Kautilya fixed punishments based on the
destruction of the specific part of the tree, some of the important trees
were even elevated to the position of God

A. Ancient Writings on the Environment

Indian Texts (Vedas, Upanishads, and Dharmashastras)

a. Rig Veda: Contains hymns that express reverence for natural

elements such as rivers, mountains, and forests, suggesting a
spiritual connection between humans and nature. The Rig
Veda does mandates about Cow slaughter is a heinous crime
equivalent to a human murder and those who commit this
crime should be punished

b. Atharva Veda: Discusses rituals for environmental

conservation and protection of natural resources.

c. Arthashastra: Provides guidelines for sustainable resource

management and emphasizes the importance of preserving
forests and wildlife

Mahabharata : Bhisma Parva, refers to the earth as an ‘ever-yielding cow’

provided its resources are developed and managed with balance and
control: ‘if Earth is well looked after, it becomes the father, mother,
children, firmament and heaven, of all creatures.

During the Vedic period, cutting of live trees was prohibited and
punishment was prescribed for such acts. In Srimad Bhagavatam, it has
been rightly pointed out that a man who with exclusive devotion offers
respect to sky, water, earth, heavenly bodies, living beings, trees, rivers
and seas and all created beings and considers them as a part of the body
of the Lord attaints the state of supreme peace and God’s grace

B. HINDU MYTHOLOGY ON ENVIRONMENT PROTECTION

Hindu religion is one of the oldest religions of the world. Ever since Vedic
times, the main motto of social life was to have in harmony with the
nature. Sages, saints and the great philosophers of India lived in forest
and on mountains where they meditate and expressed in to form, of
Vedas, Upanishads and Smriti.

Accordingly felling of trees, polluting air, water and desert land was
regarded as sin as these were to be respected and regarded as God and
Goddesses. Some of the trees associated with the Gods and Goddesses
C. ENVIRONMENTAL PROTECTION IN MEDIEVAL INDIA

From the point of view of environment conservation, a significant

contribution of Moghul emperors has been the establishment of
magnificent gardens, fruit orchards and green park, round about their
places, central and provincial headquarters, public places, on the banks of
rivers and in the valley and dales which they used as holiday resorts or
places or temporary headquarters during the summer season.

Medieval Writings on the Environment

1. Islamic Texts

 Qur'an: Encourages stewardship of the Earth and its resources,

emphasizing the responsibility of humans as caretakers (Khalifah)
of the environment.
 Hadith: Contains teachings on conservation of water, planting
trees, and respecting animals.

Conclusion

Ancient and medieval writings on the environment provide a foundational

understanding of early civilizations' attitudes, practices, and ethical
considerations regarding nature. They highlight a diverse range of
perspectives—from spiritual reverence to practical wisdom and legal
regulations—that continue to influence environmental ethics and policies
today. Studying these texts not only enriches our historical knowledge but
also offers valuable lessons for contemporary environmental challenges,
emphasizing the importance of sustainable practices and harmonious
coexistence with the natural world.

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3. Different kinds of doctrines and how they have played a role

in achieving sustainable development with case laws

SUSTAINABLE DEVELOPMENT & DOCTRINES FOR PROTECTION OF

ENVIRONMENT

The concept of sustainable development is the result of an integrated

approach of political and decisional factors, in which environmental
protection and long-term economic growth are considered to be
complementary and interdependent.

The central principles behind sustainable development are:

 Equity and fairness among countries and generations,

 The long-term vision on the development process,

• Systemic thinking and interconnection between economy, society

and the environment.
 Key objectives have been established based on the major principles
of sustainable development:

(a) Environmental protection through measures that allow the

separation of economic growth from negative environmental
impacts;

(b) Social equity and cohesion through observance of fundamental

human rights, cultural diversity, equal chances and elimination of all
forms of discrimination;

(c) Economic prosperity through the promotion of knowledge,

innovation and competitiveness with an aim to ensure higher living
standards and full high-quality employment;

PRINCIPLES INVOLVED IN SUSTAINABLE DEVELOPMENT

••••••

Inter- Generational Equity

Precautionary Principle

Polluter pays Principle

Public Trust Doctrine

Absolute Liability Principle

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Inter-generational Equity

 According to this principle, the State is obliged to conserve and

use environment and its natural resources for the benefit of
present as well as future generations. It states that every
generation holds Earth in common, therefore its resources should
be used judicially and for the common benefit of all.
 It is the foundation of sustainable development.
 Right to a clean environment is not only an individual right but a
collective right available to both present and future generations
equally.
M.C. Mehta v. Union of India (1987). This case is commonly referred

to as the Oleum Gas Leak Case.

Principle of Intergenerational Equity

During the proceedings of the case, the Supreme Court elaborated on the
concept of intergenerational equity. Intergenerational equity refers to the
principle that the present generation should utilize natural resources in a
manner that does not compromise the ability of future generations to
meet their own needs. This principle emphasizes sustainable development
and the responsibility of current generations to preserve environmental
resources for future generations.

Precautionary Principle

Prevention is better than cure; protection of the environment can

effectively be done by taking adequate precautions against the
Environmental damage

 The precautionary principle was adopted in the Rio Declaration,

1992 (Principle 15).
 It states that even in the absence of scientific evidence,
measures must be taken to anticipate and prevent the causes of
environmental degradation. It is the social responsibility of the
State to protect the public from any plausible risk.

Vellore Citizens Welfare Forum v. Union of India (1996). This case

is significant for its contribution to environmental jurisprudence and the
application of the precautionary principle in decision-making.

Case Background

The Vellore Citizens Welfare Forum case arose due to pollution caused by
tanneries in and around Vellore, Tamil Nadu, which had severely
contaminated water sources and caused health hazards to the local
population. The Forum filed a PIL in the Supreme Court seeking remedial
action to protect the environment and public health.The Supreme Court in
this case emphasized the application of the precautionary principle to
address environmental harm
POLLUTER PAYS PRINCIPLE

Polluter pays principle is the double edge sword There is an absolute

liability on harm to the environment, the person who is responsible for
Environmental pollution should pay the penalty and compensation for the
people.

• Principle 16 of Rio Declaration Endeavours to promote the polluter pays

principle
• Polluter shall be responsible for the act done and must contribute for the
growth of an

environment.

M.C.Mehta v Kamalnath, 1997 (1) SCC 388

- Decided by Justice kuldip Singh and Justice S Saghir Ahmad. Span

Motels had also encroached upon an additional area of land adjoining
leasehold area, motel has used earthmovers and bulldozers to turn the
course of river Beas, create new channel to divert water flow

- Court observed that area being ecologically fragile and to be converted

to private ownership, court relied upon the public trust doctrine; state is
the trust of all documents. Public at large is the beneficiary of seashore

- Court quashed the leases and directed the HP to take over the area of
land and to restore it to the original natural conditions, applied polluter
pays principle and asked for payment of damage

- The Polluter is Responsible for compensating and repairing the damage

caused by his omission; this is the quintessence of polluter pays principle

Public trust Doctrine

 It states that resources like water, air, sea and forest have a
great importance to the general public that it would be unjustified
to make it the subject of private ownership. It poses a duty on
the State to protect such resources for the benefit of all and not
to permit any commercial use of it.
 Public at large is the beneficiary and State is the trustee who is
under a legal duty to protect these resources.
 M C Mehta v. Kamal Nath 1997
In this case an attempt was made to divert the flow of the river to
support the commercial activities of a motel. It was held that the State is
the trustee of all natural resources which cannot be permitted to be used
for commercial purposes and can only be used for the benefit of public as
a whole.

Absolute Liability

The concept of absolute liability in environmental law evolved from

various judicial interpretations and legislative developments, particularly
in response to industrial accidents and environmental disasters where
traditional notions of liability based on fault were found inadequate to
compensate victims and restore the environment.

Key Elements of Absolute Liability:

1. No-Fault Liability: Unlike traditional tort law, which requires proof

of fault or negligence, absolute liability imposes liability regardless
of fault. The focus is on the hazardous nature of the activity rather
than the conduct of the defendant.
2. Strict and Non-Delegable Duty: The duty to prevent harm and
mitigate damage is strict and non-delegable. It rests squarely on
the entity engaging in the hazardous activity, and they cannot avoid
liability by claiming lack of knowledge or control over the event
causing harm.
3. Vicarious Liability: Absolute liability can extend to those who may
not have directly caused the harm but are responsible for the
hazardous activity or have control over it (e.g., owners, operators,
and supervisors of hazardous facilities).

Landmark Case: M.C. Mehta v. Union of India (1986)

The principle of absolute liability was prominently affirmed in the case

of M.C. Mehta v. Union of India (1986), also known as the Oleum Gas
Leak Case. In this case, the Supreme Court of India articulated the
principle of absolute liability while dealing with the leakage of oleum gas
from a factory in Delhi. The court held that industries engaged in
hazardous activities are strictly liable for any harm caused to the
environment or public health, irrespective of fault.

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4. What is environment , different components