The escalating air pollution crisis in Delhi-NCR has reignited discussions about recognizing the right to a healthy environment as an explicit constitutional right. This concern is particularly urgent given the severe impact of environmental degradation on public health.
India faces repeated environmental crises, especially during the winter months when air quality in Delhi-NCR plummets. Key contributors to this situation include vehicular emissions, industrial activities, fossil fuel consumption, construction dust, waste burning, and agricultural residue burning. These factors significantly harm public health, leading to respiratory illnesses, cardiovascular diseases, and reduced life expectancy.
The ongoing nature of these crises exposes the shortcomings in policy implementation and raises critical questions about the State's legal responsibility to ensure environmental health.
Among various pollutants, particulate matter is particularly harmful. PM10 particles can enter the respiratory system, while finer PM2.5 particles can infiltrate deep into the lungs and even the bloodstream. Notably, diesel particulate matter, a subset of PM2.5, poses serious risks, especially to children and vulnerable groups.
In response to the worsening air quality, the Commission for Air Quality Management (CAQM) has enhanced the Graded Response Action Plan (GRAP). This includes measures such as school closures and staggered office hours during severe pollution episodes, demonstrating a growing acknowledgment of environmental health risks by authorities.
While the original Constitution did not explicitly provide for environmental rights, judicial interpretation has broadened the scope of Article 21 (Right to Life) to encompass the right to a clean and healthy environment. This interpretation evolved through landmark cases, starting with Maneka Gandhi v. Union of India (1978), which expanded the definition of "life" beyond mere existence.
Constitutional amendments have further solidified environmental responsibilities. Article 48A (Directive Principles) mandates that the State protect and improve the environment, while Article 51A(g) imposes a duty on citizens to preserve natural resources. Collectively, these provisions foster a constitutional obligation towards environmental protection.
Since the mid-1980s, rapid industrialization and liberalization have exacerbated environmental issues, prompting judicial intervention. The judiciary has actively engaged with Public Interest Litigations (PILs) under Articles 32 and 226 to tackle environmental damage. Courts have consistently sought to balance development with environmental sustainability, affirming that economic advancement cannot occur at the expense of ecological integrity.
The Environment (Protection) Act, 1986, further bolsters this framework by defining the environment as an integrated system. Judicial rulings have made it clear that the right to live with dignity includes access to unpolluted air and water, thus rendering environmental protection a legally enforceable matter.
Indian environmental law has integrated vital global principles to address ecological damage effectively. The principle of absolute liability holds industries fully accountable for damages caused by hazardous substances, irrespective of fault. The precautionary principle advocates for preventive measures even without complete scientific certainty, while the polluter pays principle ensures that those responsible for pollution bear the costs of environmental restoration.
These principles, supported by judicial validation, emphasize prevention, accountability, and sustainable growth as fundamental governance tenets.
The public trust doctrine establishes that natural resources are entrusted to the State for the people’s benefit. Consequently, the State cannot exploit these resources for private gain at the cost of public welfare. Article 39 of the Constitution further reinforces community ownership of resources and equitable distribution for public benefit. Recent judicial acknowledgments of climate change impacts have broadened the scope of environmental rights, affirming protection against adverse climate effects as integral to Articles 21 and 14.
Despite the progressive interpretations by the judiciary, the lack of an explicit fundamental right to a healthy environment limits enforceability. As rights must be associated with Part III of the Constitution for direct claims, this article advocates for the formal incorporation of the right to a clean and healthy environment within the Constitution. Such recognition would delineate State accountability and citizen responsibilities, thereby enhancing environmental governance amidst climate uncertainties.
Q1. What is the right to a healthy environment?
Answer: The right to a healthy environment refers to the constitutional recognition that individuals have the right to live in an environment that is clean and conducive to health. This right is increasingly viewed as essential for ensuring public health and well-being.
Q2. How does air pollution affect public health in India?
Answer: Air pollution in India leads to various health issues, including respiratory diseases, cardiovascular conditions, and decreased life expectancy. The most vulnerable populations, such as children and the elderly, are particularly at risk.
Q3. What role does the judiciary play in environmental protection?
Answer: The judiciary in India plays a crucial role in environmental protection through public interest litigations and judicial interpretations that expand environmental rights. Courts balance developmental needs with ecological sustainability to ensure a healthier environment.
Q4. What are the key environmental principles adopted in India?
Answer: Key environmental principles in India include the precautionary principle, polluter pays principle, and absolute liability. These principles emphasize accountability and sustainable practices in industrial activities to mitigate ecological harm.
Q5. Why is explicit constitutional recognition of environmental rights necessary?
Answer: Explicit constitutional recognition of environmental rights is essential to ensure enforce
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