Right to Healthy Environment

Right to environment is a right without which development of an individual and realisation of his or her full potential shall not be possible. Articles 21, 14 and 19 of part III have been used for environmental protection.

Challenges to Healthy Environment

• Air pollution,
• Noise pollution,
• Water pollution,
• Environment degradation, etc.

Constitutional and Judicial Interpretation

• According to Article 21 of the Constitution, “no person shall be deprived of his life or personal liberty except according to procedure established by law”.
• Article 21 has received liberal interpretation from time to time after the decision of the Supreme Court in Maneka Gandhi vs. Union of India case.
• The right to live in a healthy environment as part of Article 21 of the Constitution was first recognized in the case of Rural Litigation and Entitlement Kendra vs. State, (Popularly known as Dehradun Quarrying Case).
• It is the first case of this kind in India, involving issues relating to environment and ecological balance in which Supreme Court directed to stop the excavation (illegal mining) under the Environment (Protection) Act, 1986.
• In M.C. Mehta vs. Union of India, the Supreme Court treated the right to live in pollution free environment as a part of fundamental right to life under Article 21 of the Constitution.

Noise Pollution

• Excessive noise creates pollution in the society. The Constitution of India under Article 19 (1) (a) read with Article 21 of the Constitution guarantees right to decent environment and right to live peacefully.
• In PA Jacob vs. The Superintendent of Police Kottayam case, the Kerala High Court held that freedom of speech under Article 19 (1)(a)does not include freedom to use loud speakers or sound amplifiers.
• Thus, noise pollution caused by the loud speakers can be controlled under Article 19 (1) (a) of the Constitution.

Environment Hazards

The Supreme Court, while deciding the matter relating to carrying on trade of liquor in Cooverjee B. Bharucha Vs Excise commissioner, Ajmer case observed that, if there is clash betweenenvironmental protection and right to freedom of trade and occupation, the courts have to balance environmental interests with the fundamental rights to carry on any occupations.