ABSTRACT
Environmental concerns are extremely important and should be taken seriously by individuals, communities, governments, and businesses. The Earth’s natural systems and resources are finite, and human activities have had a significant impact on the environment, leading to issues such as climate change, deforestation, pollution, loss of biodiversity, and depletion of natural resources.
Addressing these concerns is crucial for the long-term well-being of both current and future generations. It requires a combination of efforts, including sustainable practices, conservation of natural resources, adoption of clean energy sources, waste reduction and recycling, and responsible consumption and production patterns. Additionally, international cooperation and policy measures play a vital role in tackling global environmental challenges.
Many organizations, governments, and individuals around the world are actively working to raise awareness about environmental issues and implement solutions. It’s important for individuals to make environmentally conscious choices in their daily lives, such as reducing their carbon footprint, supporting renewable energy, using resources efficiently, and advocating for sustainable practices.
By prioritizing environmental concerns and taking collective action, we can strive toward a more sustainable and resilient future for our planet.
KEYWORDS
Article 21, Right to Life and Liberty, Environment, Sustainable development, Right to a pollution-free environment, Right to Healthy and Sustainable environment.
INTRODUCTION
In accordance with Article 21 of the Indian Constitution, everyone has the right to life and personal freedom. Since its inception, Article 21 has come to be interpreted broadly to encompass both the right to life and the right to a safe and sustainable environment. The Indian judiciary has upheld the right to a healthy environment in numerous precedent-setting decisions.
Under Article 21, the right to a healthy and sustainable environment implies that every person has the right to live in a clean, pollution-free environment, free from hazards that could adversely affect their health and well-being. It encompasses the right to clean air, water, and soil, as well as the right to live in an environment that is free from pollution, contamination, and ecological degradation.
The right to a healthy environment has been deemed a basic right by the Supreme Court of India, which also ruled that the State has a responsibility to safeguard the environment for the benefit of current and future generations. The necessity of sustainable development and environmental protection have been emphasised by the court.
The right to a healthy and sustainable environment under Article 21 imposes obligations on both the government and the citizens. The government is responsible for enacting and enforcing laws and policies that promote environmental protection and conservation. It is also the duty of the government to take proactive measures to prevent and control pollution, preserve ecological balance, and ensure sustainable development.
RESEARCH METHODOLOGY
The current research study mostly consists of an analytical and doctrinal presentation. With this in mind, the researcher has read several books, journals, Web references, electronic journals, papers, etc. The pertinent information is assembled from secondary sources. Both information and materials are gathered from reputable sources such as books, journals, and blogs.
REVIEW OF LITERATURE
THE SCOPE OF ARTICLE 21:
Article 21 of the constitution articulate the expression “Right to Life and Personal Liberty”, it states that “No person shall be deprived of his life or personal liberty except according to the procedure established by law”[1]. It primarily deals with two rights, the Right to life and the Right to personal liberty.
Each individual has a right to life, it is the fundamental right guaranteed by the constitution. It is a basic human right that is universal. It is inalienable and indivisible in nature. Without the existence of this right, none of the other rights would be of any value. The term “life” used under Article 21 of the constitution of India, not only includes the mere act of respiring but also includes the right to live with dignity, the right to livelihood, the right to privacy, the right to a fair trial, right to social justice, right to health, water, and sanitation, right to pollution-free air, right to food security, right to clean and sustainable environment, etc.
The scope of Article 21 continues to evolve through judicial interpretations, adapting to societal changes and emerging challenges. The Indian judiciary has played a significant role in expanding the ambit of Article 21 to protect various fundamental rights and ensure social justice. it encompasses several facets beyond the literal interpretation of the right to life. Some of the key aspects that fall within the scope of Article 21 include:
- Right to life: This includes the right to lead a dignified and meaningful life, free from arbitrary deprivation or interference. The supreme court held in the case of Maneka Gandhi v. Union of India[2]that the right to life is not merely limited to physical rights but includes the right to live with dignity in its scope. It paved the path for the golden triangle which includes Art. 14,19 and 21. A law that restricts one’s “personal liberty” must pass not just the test of Article 21 but also the tests of Article 19 and Article 14 of the constitution.
- Personal liberty: This encompasses freedom of movement, freedom from unlawful detention, and protection against illegal arrest and custodial violence. Liberty is not mere freedom from physical constraints but also includes all those rights and privileges that are essential for the development and growth of an individual. In the case of Sunil Batra v. Delhi Administration (1978)[3], the fundamental rights of the prisoners, including the right to personal liberty were recognized. The court emphasized the importance of treating prisoners with humanity and dignity, ensuring that their rights are not arbitrarily violated.
- Right to livelihood: To survive and fulfill various needs, a person requires access to financial and material resources. Basic needs like food, shelter, and employment can all be seen as forms of livelihood. In the case of Olga Tellis v. Bombay Municipal Corporation[4], it was observed that as no one can survive without the means of subsistence or means of livelihood, the “right to livelihood” arises out of the “right to life.” If the right to livelihood is not considered an integral aspect of the right to life, the simplest method to revoke someone’s right to life is to completely take away their ability to support themselves.
- Right to privacy: According to Article 21 of the Indian Constitution, the right to privacy is indisputably linked to the right to life and to personal liberty . A person has the right to be shielded from unwarranted publicity. It is “right to be let alone”. The case of Justice K.S. Puttaswamy (Retd.) v. Union of India[5], also referred to as the Aadhaar judgement, is one important decision pertaining to the right to privacy. The Supreme Court of India’s nine-judge panel heard this case and observed that the right to privacy arises from the right to life, protected by the Indian Constitution. The Aadhaar judgement was noteworthy because it established a crucial precedent and clarified the legal status of privacy in India. It emphasised that while privacy is a fundamental right, it can be subject to reasonable limitations for reasons of public safety, national security, and other valid considerations. The decision also emphasised the necessity of a strong data protection regime to preserve people’s privacy in the digital era.
- Right to a fair trial- An open trial conducted by a judge who is not biased, where all parties are treated equally is what is referred to as a fair trial. One of the core protections of human rights and the rule of law, the right to a fair trial aims to ensure the administration of natural justice. The case of Hussainara Khatoon v. State of Bihar[6]focuses on the inhumane condition of prisoners under trial in prison. In this case, the right to Speedy and fair justice emerged as a basic fundamental right that has been denied to these prisoners. According to the court, every accused person has a constitutional right to get free legal services from the State if such person is unable to engage a lawyer due to his economic disability. This is done to ensure that no citizen is denied the chance to secure justice.
- Right to a clean environment: The judiciary has recognized that a clean and healthy environment is essential for the enjoyment of life and personal liberty. Therefore, environmental protection and the right to a pollution-free environment fall within the purview of Article 21. In case of Chameli v. State of Uttar Pradesh[7] the court held that an organized society that provides for the right to live as a human being is not ensured by meeting only the animal needs of a man. It is only fully secured when he is guaranteed of all opportunities for personal progress and is free from constraints that limit it. All human rights are intended to accomplish this goal.In any civilised community, the right to be guaranteed includes the rights to food, water, a wholesome environment, health care, and housing.
- Right to education: India has implemented the right to education as a fundamental right protected by Article 21-A, making it the 135th nation to do so. It states that children between the ages of six and fourteen must get free and compulsory education. It was introduced by The Constitutional (86th Amendment) Act of 2002. In Mohini Jain v. State of Karnataka[8], the petitioner Miss Mohini Jain was refused admission to a private medical institution in Karnataka due to the exorbitant capitation fee. The Court applied a broad interpretation of Article 21 and determined that charging a capitation fee for entrance violates Art. 21 of the Constitution and denies citizens access to education.
ENVIRONMENT AND CLIMATE CHANGE
- Long-term changes and adjustments in local or worldwide weather patterns and average temperatures are referred to as climate change. Human actions are mostly to blame, especially the release of greenhouse gases (GHGs) into the atmosphere, such as carbon dioxide (CO2) from burning fossil fuels and deforestation. These GHGs trap heat from the sun within the Earth’s atmosphere, leading to the greenhouse effect and a subsequent increase in global temperatures. Climate change encompasses various interconnected phenomena, including:
- Global Warming: The overall increase in the Earth’s average temperature, which affects the climate system and leads to shifts in weather patterns.
- Changing Weather Patterns: Climate change can result in alterations to rainfall patterns, snowfall levels, wind patterns, and the frequency and intensity of extreme weather events like hurricanes, droughts, heatwaves, and heavy precipitation.
- Rising Sea Levels: As global temperatures rise, glaciers and polar ice caps melt, leading to an increase in sea levels. Rising sea levels pose risks to coastal communities, ecosystems, and infrastructure, and can contribute to more frequent and severe coastal flooding.
- Ocean Acidification: The absorption of excess CO2 by the oceans leads to increased acidity, which can harm marine life, particularly organisms that rely on calcium carbonate to build their shells or skeletons. This can disrupt entire marine ecosystems and impact fisheries and other ocean-dependent industries.
- Melting Glaciers and Polar Ice: The melting of glaciers and ice sheets, such as those in Greenland and Antarctica, contributes to sea-level rise and alters freshwater availability in certain regions.
- Biodiversity Loss: Climate change can disrupt ecosystems and threaten the survival of various plant and animal species. The shifting climate conditions can impact migration patterns, disrupt ecological relationships, and increase the risk of species extinction.
IMPACT OF CLIMATE CHANGE ON HUMAN BEING?
Environment and climate change have significant impacts on humans in various ways. Here are some of the key effects:
Health Risks: Given that mosquito habitats are expanded by warmer temperatures, climate change contributes to the development of diseases, particularly vector-borne illnesses like malaria and dengue fever. Heatwaves and extreme weather events can also directly harm human health, leading to heat-related illnesses, respiratory problems, and injuries.
Food Security: Climate change affects agricultural productivity, leading to crop failures, reduced yields, and changes in the availability of certain food sources. This can result in food shortages, price increases, and malnutrition, particularly in vulnerable regions where people rely heavily on agriculture for sustenance.
Water Scarcity: Changes in rainfall patterns and melting glaciers affect the availability and quality of water resources. Many regions face increased water scarcity, which can lead to conflicts over water, hygiene and sanitation issues, and the spread of waterborne diseases.
Displacement and Migration: Rising sea levels, extreme weather events, and environmental degradation can force people to leave their homes and communities, becoming climate refugees or internally displaced persons. This can lead to social disruptions, overcrowding in cities, and increased pressures on resources and infrastructure.
Economic Impacts: Climate change can have significant economic consequences. Natural disasters and extreme weather events can damage infrastructure, disrupt supply chains, and result in the loss of livelihoods. The costs associated with adapting to and mitigating climate change can also strain national economies.
Ecosystem Disruption: Environmental changes can disrupt ecosystems and biodiversity, leading to the loss of plant and animal species. This can have far-reaching consequences for human well-being as ecosystems provide essential services such as pollination, water purification, and climate regulation.
Mental Health Effects: Climate change-related events, such as disasters and prolonged periods of extreme weather, can have psychological impacts on individuals and communities. These include anxiety, depression, post-traumatic stress disorder (PTSD), and increased social tension.
CONCEPT OF SUSTAINABLE ENVIRONMENT
The concept of sustainable development is a way to meet the needs of the present generation without compromising the needs of future generations. To provide equal opportunity for future generations to sustain and survive in the given environment. It recognizes the interdependence of social, economic, and environmental aspects and seeks to achieve a balance among them.
Sustainable development encompasses three main dimensions:
Environmental Sustainability: This dimension focuses on protecting and conserving natural resources, reducing pollution and waste, and utilizing renewable resources for development. It aims to maintain the integrity of ecosystems, biodiversity, and natural processes to ensure their long-term viability.
Economic Sustainability: Economic sustainability seeks to promote equitable economic growth and development while ensuring resource efficiency and minimizing negative environmental impacts. It involves fostering economic systems that provide opportunities for all, create decent work, and generate wealth and well-being without depleting resources or compromising the needs of future generations.
Social Sustainability: Social sustainability addresses the well-being of individuals, communities, and societies. It emphasizes social equity, justice, inclusivity, and the protection of human rights. It encompasses factors such as poverty eradication, access to education and healthcare, gender equality, social cohesion, and the empowerment of marginalized groups.
Sustainable development requires an integrated and holistic approach, considering the interconnectedness of economic, social, and environmental systems. It involves long-term thinking, responsible decision-making, and a focus on finding synergies and win-win solutions.
INTERNATIONAL TREATIES AND CONVENTIONS
There are several international treaties and conventions that address the right to a healthy and sustainable environment. Here are some of the key ones:
United Nations Framework Convention on Climate Change (UNFCCC): The UNFCCC was adopted in the year 1992. It focuses on the reduction of greenhouse gas emissions and curbing the temperature increase in the atmosphere. It recognizes the right of all people to live in a healthy and sustainable environment and emphasizes the importance of sustainable development in addressing climate change.
Rio Declaration on Environment and Development (1992): The Rio Declaration, adopted at the United Nations Conference on Environment and Development (UNCED), recognized the right to a healthy environment as a fundamental principle of sustainable development. Principle 1 states that “human beings are entitled to a healthy and productive life in harmony with nature.”
Convention on Biological Diversity (CBD): The CBD, adopted in 1992, promotes the protection and conservation of biodiversity. It recognizes the intrinsic value of biodiversity and the importance of protecting ecosystems for the well-being of present and future generations. It also provides for sustainable use of resources and maintaining a balance in the nature.
World Summit on Sustainable Development (2002): The World Summit on Sustainable Development, held in Johannesburg, emphasized the link between human rights, development, and environmental sustainability. It recognized the need to integrate human rights considerations into sustainable development policies and practices.
Paris Agreement: The Paris Agreement, adopted in 2015 under the UNFCCC, strives for collective efforts at the global level to deal with climate change. It recognizes the right to a healthy and sustainable environment and emphasizes the importance of protecting vulnerable populations and ecosystems in climate action.
These treaties and conventions contribute to the development of international environmental law and promote the recognition and protection of the right to a healthy and sustainable environment at the global level. They provide a framework for countries to cooperate, share knowledge, and take collective action to address environmental challenges and ensure the well-being of present and future generations.
EMERGENCE OF RIGHT TO HEALTHY AND SUSTAINABLE ENVIRONMENT IN INDIA
India has seen several landmark judgments that have recognized and protected the right to a healthy and sustainable environment. Here are some notable examples:
MC Mehta v. Union of India (1986)[9]: In this case, the Supreme Court of India took suo moto cognizance of the hazardous pollution in the Ganges River caused by various industries. The court issued several orders and directives to address the pollution and protect the river, including the closure of polluting industries and the establishment of the Ganga Action Plan.
Subhash Kumar v. State of Bihar (1991)[10]: In this case, right to pollution-free environment was recognised by the apex court as a fundamental right under the ambit of Article 21 of the Indian Constitution. The court held that it is the duty of the state to protect and improve the environment for the well-being of the people.
Vellore Citizens Welfare Forum v. Union of India (1996)[11]: This case dealt with the pollution caused by tanneries in the town of Vellore. The Supreme Court laid down the principle of “polluter pays,” holding that industries responsible for environmental pollution must bear the cost of remediation and compensation to affected individuals.
Goa Foundation v. Union of India (2014)[12]: The Supreme Court, in this case, cancelled all existing mining leases in Goa and held that mining operations in the state had been carried out in violation of environmental laws and caused significant ecological damage. The judgment emphasized the need for sustainable mining practices and the protection of the environment.
Animal Welfare Board of India v. A. Nagaraja (2014)[13]: In this case, the Supreme Court banned the use of bulls in traditional bullfighting events called “jallikattu” and bullock cart races, citing cruelty to animals and the need to protect the environment. The judgment highlighted the importance of animal welfare and its connection to a sustainable environment.
These judgments have played a crucial role in shaping India’s environmental jurisprudence. They have emphasized the responsibility of the government and individuals to protect and preserve the environment for present and future generations.
CONCLUSION AND SUGGESTIONS
The environment provides vital resources, such as clean air, water, food, and materials, which are essential for the survival and well-being of all living organisms, including humans. It also offers aesthetic, cultural, and recreational values that enhance the quality of life. Preserving and protecting the environment is crucial for sustaining life on Earth and ensuring a healthy and sustainable future for current and future generations. Addressing Climate Change requires efforts at individual as well as international level, to reduce greenhouse gas emissions, to develop efficient waste management systems and to have a healthy transition to renewable energy to promote sustainable practices. The ultimate goal is to reduce the global temperature below 2 degree Celsius, as outlined in the Paris Agreement and strive to limit the severe impacts of climate change. Achieving sustainable development requires collaborative efforts at local, national, and global levels. It involves adopting sustainable practices, promoting renewable energy, improving resource efficiency, promoting sustainable consumption and production patterns, investing in education and capacity building, and integrating sustainability into policies and planning processes across sectors.
REFERENCES
- Tiwari, H.N., Environmental Law, Allahabad Law Agency, (2007).
- Mohanty, S.K., Environment and Pollution Laws, Universals Legal Manual,(2010).
- Brundtland, G. et al. (1987). Our common future. UN General Assembly, http://www.un-documents.net/wced-ocf.htm. Accessed 12 June, 2023.
- United Nations (UN) (2015) Sustainable development http://sustainabledevelopment.un.org Accessed 13June,2023
- United Nations Environment Program (UNEP) (2015) Three dimensions of sustainable development http:// web unep.org/ourplanet/march-2015/umep-work/three-dimensions-sustainable-development. Accessed 14 June, 2023
Author- Daksheeja Sharma
Email-sharmadaksheeja@gmail.com
[1]INDIA CONST. art.21
[2] Maneka Gandhi v. Union of India AIR 1978 SC 597
[3] Sunil Batra v. Delhi Administration (1978) 4 SCC 409
[4] Olga Tellis and ors Vs. Bombay Municipal Corporation and ors 1985 SCC (3) 545
[5] Justice K. S. Puttaswamy (Retd.) vs Union Of India AIR 2017 SC 4161
[6] Hussainara Khatoon vs Home Secretary, State Of Bihar 1979 AIR 1369
[7] Chameli vs state of Uttar Pradesh (1996) 2 SCC 549
[8] Mohini Jain v. State of Karnataka1992 AIR 1858
[9] MC Mehta v. union of India AIR 1988 SC 1037
[10] Subhash Kumar v. State of Bihar 1991 AIR 420
[11] Vellore Citizens Welfare Forum vs Union of India 1996 AIR 2715
[12] Goa foundation v. Union of India (2014) 6 SCC 590
[13] Animal welfare board of India v. A. Nagaraja (2014) 7 SCC 547