Paper: GS – III, Subject: Environment and Ecology, Topic: Pollution, Issue: Right to Environmental health.
Context:
India is witnessing a worsening environmental crisis most visibly in the form of severe air pollution in Delhi–NCR, rising climate-induced disasters, and declining ecological health.
Key Takeaways:
- Despite administrative measures like school closures or work-from-home advisories, the response remains reactive rather than rights-based.
- The right to life under Article 21 must be interpreted to include the right to live in a clean, healthy and sustainable environment, with the State bearing primary responsibility for environmental protection rather than shifting the burden to citizens.
Constitutional and Legal Foundations for Environmental Protection in India:
Key Environmental Principles Highlighted:
1. Precautionary Principle:
- Lack of scientific certainty should not delay preventive action.
- Recognized in Vellore Citizens’ Welfare Forum v. Union of India (1996).
2. Polluter Pays Principle:
- Those responsible for pollution must bear the cost of remediation.
- Applied in both civil and criminal liability.
3. Sustainable Development:
- Development that compromises future generations is constitutionally unacceptable.
Public Trust Doctrine:
- State acts as a trustee of natural resources (air, water, forests).
- MC Mehta v. Kamal Nath (1997): Natural resources cannot be transferred for private exploitation.
- Reinforces that environmental protection is not policy discretion but constitutional duty.
Disasters & Environmental Protection:
- During disasters (natural or man-made), environmental protection becomes more critical, not less.
- Administrative excuses like “emergency” cannot justify systemic regulatory failure.
Gaps Highlighted:
- Environmental rights are still judicially evolved, not explicitly guaranteed.
- Weak enforcement despite multiple laws (EPA 1986, NGT Act).
- Over-reliance on short-term executive orders instead of structural reforms.
Way Forward Suggested:
- Explicit recognition of the Right to a Healthy Environment as a constitutional right.
- Stronger judicial enforcement of environmental accountability.
- Shift from crisis management to rights-based governance.
- Clear fixing of responsibility on State agencies rather than moralising citizen behaviour.
Conclusion:
The editorial underscores that environmental degradation is not merely an administrative failure but a constitutional crisis. Recognising the right to a healthy environment as an enforceable facet of Article 21 is essential to uphold human dignity, intergenerational justice, and the rule of law.
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