1. Introduction

The protection of the environment is not a matter of mere public policy; it is an essential element for sustaining human existence. The term environment is defined in section 2(a) of the Environment Protection Act, which defines environment as land, air, water, and the interrelation between these three with human beings & living creatures. However, in general terms, it also includes all the physical and abstract attributes of the society through which individuals interrelate within their lifespan. Boring defined the environment as the sum total of the stimulation which a person receives from his conception until his death. The Indian Constitution, initially silent on the environment, evolved through judicial creativity and legislative activism into a strong instrument for environmental protection, and this has happened over the years. Today, it is firmly established that safeguarding the environment is a constitutional mandate, intertwined with Fundamental Rights and Fundamental Duties. This article aims to prove that the Indian Constitution, through its evolving jurisprudence, inherently and robustly protects the environment, and it establishes environmental protection as a fundamental right, thus placing an obligation upon both the State and citizens.

2. Constitutional Perspective on Environmental Protection

2.1 Initial Position

At the time of its adoption in 1950, the Constitution of India did not explicitly mention the environment. However, the framers of the Constitution implicitly envisioned environmental protection and public health with the words “life” and “personal liberty” in the Constitution, through which the Supreme Court interpreted a wide range of rights regarding the environment under it. The foundation of this Interpretation is laid down by the Parliament through 42nd Amendment.

2.2 42nd Constitutional Amendment (1976)

The 42nd Amendment Act, 1976, explicitly introduced environmental concerns:

• Article 48A: Directive Principle of State Policy – "The State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country."
• Article 51A(g): Fundamental Duty – "It shall be the duty of every citizen of India to protect and improve the natural environment, including forests, lakes, rivers and wildlife, and to have compassion for living creatures."

Thus, environmental protection became both a State obligation and a citizen's duty.

3. Fundamental Rights and Environmental Protection

The environment is now recognized as essential to the realization of Fundamental Rights, particularly Article 21.

3.1 Article 21: Right to Life

Article 21: “No person shall be deprived of his life or personal liberty except according to procedure established by law.”

The judiciary has expansively interpreted “life” to include the right to a wholesome, clean, and healthy environment.

Key Judgments:

• Maneka Gandhi v. Union of India: Broadened the interpretation of “life” and “personal liberty” and established the American concept of “due process of law”.
• Minerva Mills v. Union of India: Established the supremacy of fundamental rights over the directive principle of state policy and also stated that the directive principle of state policy can be used to interpret Article 21.
• Subhash Kumar v. State of Bihar: Pollution-free water and air are essential for the enjoyment of the right to life.
• Virendra Gaur v. State of Haryana: Protection of the environment is an inseparable part of the right to life.
• Environmental pollution also affects many fundamental rights apart from Article 21.

3.2 Article 14: Equality Before Law

Pollution and environmental degradation disproportionately affect marginalized groups. Those who cannot afford modern and special infrastructure or special environment-friendly locations for living can suffer due to environmental degradation. Thus, environmental protection aligns with the principle of equality under Article 14.

Example: M.C. Mehta v. Union of India (Oleum Gas Leak Case) (1987): Highlighted the concept of absolute liability for industries engaging in hazardous activities.

3.3 Article 19: Freedom of Speech, Profession, and Movement

Environmental degradation can restrict freedom of movement and occupation, thus infringing upon Article 19(1)(d) and (g).

Example: if you want to move to place A, where the air and water quality is too bad, and it compels you to avoid going there, residing there, or starting any occupation which results in infringement of Article 19(1)(d) and (g).

4. Fundamental Duties and Environmental Protection

42nd Constitutional amendments added fundamental duties which ought to be followed by citizens, and environmental protection and compassion for living creatures are among those duties.

4.1 Article 51A(g)

Every citizen is constitutionally obligated:

• To protect and improve the natural environment.
• To have compassion for living creatures.

This provision is essential for fostering a sense of environmental ethics among citizens.

Judicial Emphasis:

Lafarge Umiam Mining Pvt. Ltd. v. Union of India: Stressed that fundamental duties are equally important and enforceable by appropriate legal measures.

4.2 Role of Fundamental Duties

Although initially non-justiciable, Fundamental Duties have become enforceable through:

• Public Interest Litigations (PILs).
• Environmental impact assessments (EIA) are mandated before major projects.
• Directions issued by courts.

5. How is environmental protection related to Fundamental rights

Environmental Protection is not directly related to fundamental rights. In Subhas Kumar v. State of Bihar, it was held that the right to clean water and air is a fundamental right, and also in Minerva Mills v. union of India Supreme Court held that fundamental rights in part 3rd is not an end but it means to be and that end is provided in the directive principle of a state policy and article 48A provide state obligation to protect environment. If we take another approach, then air, water, and land, i.e., the environment, are also provided to us by nature in a clean and pure state. We, humans, are the ones who have polluted these resources and passed these polluted resources to the next generation, so the right to a clean & safe environment is a natural right, and everybody has this right. “Natural rights or fundamental rights are neither bounties conferred by the state nor does constitution create it” - D.Y Chandrachud in K.S Puttaswamy v. Union of India. The constitution puts onus on the state to protect these rights.

So, the right to a clean environment is a fundamental right, and the state has the duty to protect this fundamental right. A clean and safe environment is not possible unless we protect it, so if we consider the first statement first, second, and third as equations A, B, and C, respectively. The A=B, B=C the A=C. Hence, Environmental protection is a fundamental right.

6. Judicial Activism and Interpretation

Indian judiciary, especially the Supreme Court and High Courts, has been proactive in environmental matters through:

• Expansive interpretations of Article 21.
• Creation of innovative principles (Precautionary Principle, Polluter Pays Principle, Sustainable Development, Absolute liability).

Landmark Innovations:

• Polluter Pays Principle: Principle that polluting parties are responsible for the cost of managing pollution.
• Precautionary Principle: Even without full scientific certainty, preventive measures must be taken to avoid environmental harm.
• Absolute liability: This principle eliminates exceptions and focuses on the enterprise’s responsibility to compensate for harms caused by them, even if the harm was unforeseen.
• Sustainable development: promoting development that meets present needs without compromising the ability of future generations to meet their own needs regarding the environment.

7. Important Case Laws

There are several cases in which the Supreme Court sets some special regulations for the protection of the environment:

• In Rural Litigation and Entitlement Kendra v. State of U.P., the court emphasized the protection of Ecology and environmental Pollution. This is also the first case regarding the environment in India.
• In Shriram food and Fertilizer case, the court issued directions to the company manufacturing hazardous and lethal chemicals and gases posing danger to the health and life of workmen and people living in its neighbourhood, to take all necessary safety measures before reopening the plant.
• In M.C. Mehta v. Union of India (1987), the court ordered closure of tanneries in Kanpur polluting the river Ganga. This case is famous as Kanpur tanneries case.
• In M.C. Mehta v. Union of India (1988), directions were issued for the prevention of river Ganga water from pollution. Court also held that the petitioner although not a riparian owner, is entitled to move to the court for the enforcement of various statutory provisions which impose duties on municipal and other authorities because the person is protecting the interest of a large group who live near the Ganga.
• In Indian Council for Enviro-legal Action v. Union of India, the court invoked the polluter pays principle and upheld the power of the central government to decide the cost of remedial measures, and it can be collected from the respondent or person damaging the environment.
• In M.C. Mehta v. Union of India (1996), court ordered the shifting of 168 hazardous industries operating in Delhi as they were causing danger to ecology and directed that they be reallocated lands to the National Capital Region as provided by Master Plan for Delhi. This case focuses on the protection of the rights and benefits of the workmen employed in these industries.
• In Vellore Citizens’ Welfare Forum v. Union of India, the court held the principle of polluter pays as well as sustainable development. The court held that the principle of “sustainable development” has to be adopted as a balancing concept between ecology and development. The court also held that the “precautionary principle” and the “polluter pays” principle are essential features of “sustainable development” and has to be adopted.
• In In Re Noise Pollution, the Supreme Court held that freedom from noise pollution is a part of the right to life under Article 21 of the Constitution. Thus, the apex court laid down several guidelines which aims to curb noise pollution.
• In Church of God (full gospel) in India v. K.K.R. majestic colony welfare association, the court held that using speakers and amplifiers for religious prayer is not an essential religious practice.
• In Research Foundation for Science, Technology and Natural Resource Policy v. Union of India, the court focuses on the disposal of hazardous and toxic substances.
• In Bhopal Gas Peedith Mahila v. Union of India, Supreme Court ordered the Union of India and the State of Madhya Pradesh that the huge toxic materials/ waste lying in and around the factory of Union Carbide corporation (I) Ltd. in Bhopal, the existence of which hazardous to health needing to be disposed off at the earliest, to be disposed of within six months which should be strictly in a scientific manner which may cause no further damage to human health and environment.
• In T.N. Godavarman Thirumulpad v. Union of India, the court held Protection of forests a constitutional mandate.
• In M.C. Mehta v. Kamal Nath (1997), the Supreme Court formulated the “Public Trust doctrine”.
• In the case of Kancha Gachibowli forest, Supreme court actively intervened and stated that they will go beyond their limit to protect the forest.

8. National and International Environmental Obligations

The Indian legislature has enacted several laws that sought to protect the environment and also make fundamental duties enforceable.

8.1 National Legislation

• Environment (Protection) Act, 1986
• Water (Prevention and Control of Pollution) Act, 1974
• Air (Prevention and Control of Pollution) Act, 1981
• Wildlife (Protection) Act, 1972
• Forest Conservation Act, 1980
• The Energy Conservation Act, 2001
• Biological Diversity Act 2002
• Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA)
• The National Green Tribunal Act, 2010
• Compensatory Afforestation Fund Act, 2016

8.2 National Rules

The central government from time to time introduces various rules and regulations to deal with the contemporary problem of pollution in society:

• The Ozone-Depleting Substances (Regulation And Control) Rules, 2000
• Coastal Regulation Zone Notification 2018
• Noise Pollution (Regulation And Control) Rules, 2000
• HAZARDOUS WASTE MANAGEMENT RULES-2016
• Plastic Waste Management Rules 2021
• Battery Waste Management Rules, 2022

8.3 International Covenants

India is a party to many international conventions, influencing constitutional interpretation:

• Stockholm Declaration, 1972
• Rio Declaration, 1992
• Paris Agreement, 2015

The Stockholm Conference particularly inspired the constitutional amendments related to the environment.

9. Challenges and Issues in Implementation

Despite constitutional and legislative frameworks, several challenges persist:

• Lack of strict enforcement.
• Conflict between development and environmental preservation.
• Industrialization and urbanization pressures.
• Ineffectiveness of Environmental Impact Assessments (EIAs).
• Non-enforceability of fundamental duties without other legislative provisions.

10. Critical Analysis

The environment, once a neglected subject in the constitutional discourse, has emerged as a vital right and duty. Judicial activism has been commendable in evolving robust environmental jurisprudence. However, mere judicial pronouncements are not sufficient unless accompanied by political will, administrative efficacy, and citizen participation. Fundamental duties should be made the “dharma” of every Indian citizen, and it should be binding. Balancing the right to development with environmental sustainability remains a key constitutional challenge.

11. Conclusion

The Constitution of India, through the interplay of Fundamental Rights and Fundamental Duties, provides a strong legal framework for environmental protection. Judicial interpretations have ensured that environmental protection is recognized as a part of the right to life under Article 21. Simultaneously, Fundamental Duties remind citizens of their moral and legal obligations towards the environment. Thus, the Indian constitutional framework, when effectively implemented, ensures a balanced, sustainable, and inclusive environmental regime.

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References:

1. Constitution of India, 1950
2. The Environment (Protection) Act, 1986
3. Water (Prevention and Control of Pollution) Act, 1974
4. Air (Prevention and Control of Pollution) Act, 1981
5. Wildlife (Protection) Act, 1972
6. Stockholm Declaration, 1972
7. Paris Agreement, 2015
8. Constitutional Law of India by Dr. J.N. Pandey
9. www.indiankanoon.com
10. www.manupatra,com
11. www.scconline.com
12. www.thehindu.com