Sample Solution

Question:-01

The Indian Constitution, which serves as the supreme law of the country, not only outlines the structure of governance and the relationship between the state and its citizens but also enshrines certain fundamental rights that safeguard the well-being of individuals. Among these, the protection of the environment is intricately linked to fundamental rights, emphasizing the importance of a healthy and sustainable environment for the fulfillment of other rights. The Constitution provides a robust framework for environmental protection, recognizing the inextricable connection between the environment and the enjoyment of fundamental rights such as the right to life and personal liberty. This essay discusses the fundamental rights provisions related to environmental protection in the Indian Constitution, exploring how these provisions have been interpreted and expanded by the judiciary to promote environmental justice.

Article 21 of the Indian Constitution guarantees the fundamental right to life and personal liberty, stating that "No person shall be deprived of his life or personal liberty except according to procedure established by law." While the provision explicitly mentions the right to life, the Indian judiciary has interpreted this right expansively to include the right to a clean and healthy environment.

The Supreme Court of India, through various landmark judgments, has established that the right to life encompasses the right to live in an environment free from pollution, ecological imbalance, and degradation. The Court has held that a healthy environment is a prerequisite for the enjoyment of life and that the state has a duty to protect and improve the environment to ensure this right. This interpretation has led to the recognition of environmental protection as an integral part of the right to life under Article 21.

Judicial activism has played a significant role in expanding the scope of Article 21 to include environmental rights. In the case of Subhash Kumar v. State of Bihar (1991), the Supreme Court held that the right to life includes the right to enjoyment of pollution-free water and air for the full enjoyment of life. The Court emphasized that the state must take necessary steps to prevent and control pollution to protect citizens’ right to life.

Another landmark case, M.C. Mehta v. Union of India (1987), also known as the Oleum Gas Leak case, reinforced the idea that environmental protection is intrinsic to the right to life. The Court introduced the concept of absolute liability for industries engaged in hazardous activities, holding that they must compensate victims of environmental disasters, regardless of any fault or negligence. This judgment underscored the state’s responsibility to prevent environmental harm and protect the lives of its citizens.

Article 14 of the Indian Constitution guarantees the right to equality before the law and equal protection of the laws. This provision is crucial in ensuring that environmental protection measures are applied uniformly and without discrimination. The principle of equality implies that all citizens have the right to benefit from a clean and healthy environment and that environmental laws and regulations should not favor any particular group or community at the expense of others.

In the context of environmental protection, Article 14 has been invoked to challenge discriminatory practices and policies that disproportionately affect marginalized and vulnerable communities. For instance, environmental justice movements in India have highlighted how industrial projects, mining operations, and waste disposal sites are often located in areas inhabited by economically disadvantaged groups, leading to environmental degradation and health hazards that primarily affect these communities.

The Indian judiciary has recognized the importance of environmental justice, which seeks to ensure that environmental benefits and burdens are distributed fairly across society. In several cases, the courts have emphasized that the right to equality must be upheld in environmental decision-making processes. This includes ensuring that marginalized communities have access to information, participation in decision-making, and access to remedies when their environmental rights are violated.

For example, in the Samatha v. State of Andhra Pradesh (1997) case, the Supreme Court ruled that the state cannot lease out tribal lands to private industries for mining without considering the impact on the rights and livelihoods of the tribal communities. The Court held that the right to equality under Article 14 requires the state to protect the interests of vulnerable communities and prevent environmental harm that disproportionately affects them.

Article 19(1)(a) of the Indian Constitution guarantees the right to freedom of speech and expression. This fundamental right is essential for environmental advocacy, as it allows individuals and groups to raise awareness about environmental issues, criticize harmful practices, and advocate for environmental protection.

Environmental activists, journalists, and non-governmental organizations (NGOs) have relied on this right to highlight environmental degradation, expose violations of environmental laws, and demand accountability from the government and private entities. The right to freedom of speech and expression empowers citizens to participate in public debates on environmental policies, engage in activism, and challenge decisions that threaten the environment.

The judiciary has recognized the importance of protecting environmental defenders who exercise their right to freedom of speech and expression. In the case of T.N. Godavarman Thirumulpad v. Union of India (1996), the Supreme Court acknowledged the role of public interest litigants in bringing environmental issues to the court’s attention. The Court has also emphasized that environmental defenders should be protected from harassment, intimidation, and retaliation for their advocacy efforts.

The protection of freedom of speech and expression is crucial for fostering a vibrant environmental movement in India. It ensures that citizens can freely express their concerns, share information, and mobilize support for environmental causes without fear of censorship or repression.

The right to information is an extension of the right to freedom of speech and expression under Article 19(1)(a). It plays a vital role in ensuring transparency and accountability in environmental governance. Access to information is essential for citizens to make informed decisions, participate in environmental decision-making processes, and hold the government and private entities accountable for their actions.

The Right to Information (RTI) Act, 2005, further strengthens this constitutional right by providing a legal framework for citizens to access information held by public authorities. Environmental monitoring data, impact assessments, and details of environmental clearances are some of the types of information that citizens can access under the RTI Act. This access enables public participation in environmental matters and empowers communities to protect their environmental rights.

Public participation is a key principle of environmental governance, recognized by both national and international frameworks. The Indian judiciary has emphasized the importance of public participation in environmental decision-making, particularly in cases involving large-scale projects with significant environmental impacts.

In the Narmada Bachao Andolan v. Union of India (2000) case, the Supreme Court highlighted the need for public hearings and consultations with affected communities before the approval of developmental projects. The Court stressed that public participation ensures that the voices of those directly impacted by environmental decisions are heard and considered.

Public participation also helps to ensure that environmental decisions are more democratic, transparent, and responsive to the needs and concerns of all stakeholders, thereby promoting sustainable development.

The Indian Constitution, through its fundamental rights provisions, provides a strong foundation for environmental protection and justice. The right to life under Article 21 has been expansively interpreted to include the right to a clean and healthy environment, underscoring the intrinsic link between environmental protection and human well-being. The right to equality under Article 14 ensures that environmental benefits and burdens are distributed fairly across society, while the right to freedom of speech and expression under Article 19(1)(a) empowers citizens to advocate for environmental causes. Additionally, the right to information and public participation are critical components of environmental governance, ensuring transparency, accountability, and democratic decision-making. Together, these fundamental rights provisions create a robust framework for environmental protection in India, enabling citizens to protect their environment and hold the state and private entities accountable for environmental harm. As environmental challenges continue to grow, the importance of these constitutional rights in safeguarding the environment and promoting sustainable development cannot be overstated.