Environment Protection under Constitutional Framework of India
The constitution of India is not an inert but a living document
which evolves and grows with time. The specific provisions on environment
protection in the constitution are also result of this evolving nature and
growth potential of the fundamental law of the land. The preamble to our
constitution ensures socialist pattern of the society and dignity of the
individual. Decent standard of living and pollution free environment is
inherent in this. The Environment (Protection) Act, 1986 defines environment as
“environment includes water, air and land and the interrelationship which
exists among and between air, water and land and human beings, other living
creatures, plants, micro-organism and property”.
The chapter on fundamental duties of the Indian Constitution clearly imposes
duty on every citizen to protect environment. Article 51-A (g), says that “It
shall be duty of every citizen of India to protect and improve the natural
environment including forests, lakes, rivers and wild life and to have
compassion for living creatures.”
The Directive principles under the Indian constitution directed towards ideals
of building welfare state. Healthy environment is also one of the elements of
welfare state. Article 47 provides that the State shall regard the
raising of the level of nutrition and the standard of living of its people and
the improvement of public health as among its primary duties. The improvement
of public health also includes the protection and improvement of environment without
which public health cannot be assured. Article 48 deals with organization of
agriculture and animal husbandry. It directs the State to take steps to
organize agriculture and animal husbandry on modern and scientific lines. In
particular, it should take steps for preserving and improving the breeds and
prohibiting the slaughter of cows and calves and other milch and draught
cattle. Article 48 -A of the constitution says that “the state shall endeavor
to protect and improve the environment and to safeguard the forests and wild
life of the country”.
The Constitution of India under part III guarantees fundamental rights
which are essential for the development of every individual and to which a
person is inherently entitled by virtue of being human alone. Right to
environment is also a right without which development of individual and
realisation of his or her full potential shall not be possible. Articles 21, 14
and 19 of this part have been used for environmental protection.
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, (AIR 1978 SC
597). Article 21 guarantees fundamental right to life. Right to environment,
free of danger of disease and infection is inherent in it. Right to healthy
environment is important attribute of right to live with human dignity. 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, AIR 1988 SC 2187 (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, AIR 1987 SC 1086 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.
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, AIR 1993 Ker 1, 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.
Article 19 (1) (g) of the Indian constitution confers fundamental right on
every citizen to practice any profession or to carry on any occupation, trade
or business. This is subject to reasonable restrictions. A citizen cannot
carry on business activity, if it is health hazards to the society or general
public. Thus safeguards for environment protection are inherent in this.
The Supreme Court, while deciding the matter relating to carrying on
trade of liquor in Cooverjee B. Bharucha Vs Excise commissioner, Ajmer
(1954, SC 220) observed that, if there is clash between environmental
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.
Public Interest Litigation under Article 32 and 226 of the constitution of
India resulted in a wave of environmental litigation. The leading environmental
cases decided by the Supreme Court includes case of closure of limestone
quarries in the Dehradun region (Dehradun Quarrying case, AIR 1985 SC 652), the
installation of safeguard at a chlorine plant in Delhi (M.C. Mehta V. Union of
India, AIR 1988 SC 1037) etc. In Vellore Citizens Welfare Forum vs. Union
of India (1996) 5 SCC 647, the Court observed that “the Precautionary Principle”
and “the Polluter Pays Principle” are essential features of “Sustainable
Development.”
At local and village level also, Panchayats have been empowered under the
constitution to take measures such as soil conservation, water management,
forestry and protection of the environment and promotion of ecological aspect.
Environment protection is part of our cultural values and traditions. In
Atharvaveda, it has been said that “Man’s paradise is on earth; this living
world is the beloved place of all; It has the blessings of nature’s bounties;
live in a lovely spirit”. Earth is our paradise and it is our duty to protect
our paradise. The constitution of India embodies the framework of protection
and preservation of nature without which life cannot be enjoyed. The knowledge
of constitutional provisions regarding environment protection is need of the
day to bring greater public participation, environmental awareness,
environmental education and sensitize the people to preserve ecology and environment.
[World
Environment Day ('WED') is celebrated every year on June 5 to raise global
awareness to take positive environmental action to protect nature and the
planet Earth.]
[The
2014 theme for World Environment Day is to focus on 'Small Islands and Climate
Change', the official slogan for the year 2014 is 'Raise Your Voice Not the Sea
Level’.]
****
No comments:
Post a Comment