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Right to Healthy Environment and Constitutional Responsibility

Why in the News?

Amid worsening air pollution in Delhi-NCR, renewed debate has emerged on recognising the right to a healthy environment as an explicit fundamental right, building on judicial interpretations of Article 21 and strengthening the state’s constitutional responsibility for environmental protection. This debate includes discussions on the effectiveness of environmental clearances and the need for stricter enforcement of pollution control measures.

Air Pollution Crisis and Public Health Concerns:

  • Every winter, Delhi and NCR experience severe smog and hazardous air quality, disrupting daily life and posing grave health risks, highlighting the urgent need for effective environmental impact assessments.
  • Measures like work-from-home advisories and hybrid schooling offer limited relief, as pollution-related diseases continue to affect residents, emphasizing the importance of a pollution-free environment.
  • Major sources of air pollution include fossil fuel combustion, vehicular emissions, industrial activity, construction dust, waste burning, and agricultural practices, many of which require stringent environmental clearances.
  • Particulate Matter (PM) is the most dangerous pollutant:

○ PM10 can enter the respiratory system and damage health.

○ PM2.5, including Diesel Particulate Matter (DPM), penetrates deep into lungs, causing cardiovascular and respiratory diseases, even in children.

  • To address this, the Commission for Air Quality Management (CAQM) amended the Graded Response Action Plan (GRAP), mandating school closures and staggered office timings under severe pollution phases, reflecting the principles of environmental democracy.

Constitutional and Judicial Evolution of Environmental Rights

  • The original Constitution lacked explicit environmental provisions, but courts expanded protections through judicial interpretation, contributing to the development of environmental jurisprudence.
  • In Maneka Gandhi v. Union of India (1978), the Supreme Court broadened Article 21, linking the right to life with a clean environment, setting the stage for future environmental protection measures.
  • The 42nd Constitutional Amendment inserted Article 48A (State’s duty to protect environment) and Article 51A(g) (citizens’ duty), reinforcing the constitutional basis for environmental protection.
  • In Subhash Kumar v. State of Bihar (1991), the Court held that the state must ensure pollution-free air and water as part of Article 21, a principle that has been reinforced in subsequent judgments.
  • Courts increasingly used Public Interest Litigations (PILs) under Articles 32 and 226 to balance economic development with environmental protection, especially after liberalisation, often addressing issues related to environmental clearances and the Coastal Regulation Zone.

About Environmental Law Principles:
● Environment (Protection) Act, 1986 defines environment as the interrelationship between air, water, land, humans, and ecosystems, providing a framework for environmental clearances.
● Absolute Liability (Oleum Gas Leak case): Enterprises handling hazardous substances are fully liable for damage, regardless of fault, emphasizing the importance of thorough environmental impact assessments.
● Precautionary Principle (Vellore Citizens’ Welfare Forum, 1996): Preventive action must be taken even without scientific certainty, a principle often applied in granting environmental clearances.
● Polluter Pays Principle: Polluters must bear the cost of preventing and remedying environmental damage, reinforcing the need for comprehensive environmental impact assessments.
● Public Trust Doctrine (M.C. Mehta v. Kamal Nath): The state holds natural resources as a trustee for the people, not for private exploitation, a principle that guides the implementation of the Forest Conservation Act.
● In M.K. Ranjitsinh v. Union of India (2024), the Supreme Court recognised protection from adverse climate change effects as part of Articles 21 and 14, further strengthening environmental jurisprudence.
● The Vanashakti judgment and other recent cases have reinforced the importance of ex-post facto environmental clearances, emphasizing the need for strict adherence to environmental regulations.

This comprehensive approach to environmental protection, encompassing constitutional provisions, judicial interpretations, and specific legal principles, underscores India’s commitment to ensuring a pollution-free environment and sustainable development. The ongoing debates and legal developments in this area reflect the dynamic nature of environmental jurisprudence in the country.