BY - AMULYA DEV MISHRA
COURSE- BA-LLB
SEMESTER- 6th
COLLEGE NAME- FIMT, GGSIPU
Environmental Law: Human Rights Perspective
INTRODUCTION-
All
human beings need environment for existence. Environment in its literal sense means surroundings.
Renowned physicist Albert Einstein defined environment as “The
environment is everything that isn't me”. Man is natures best promise and worst enemy.
Without
a healthy environment we cannot work to our potential. It is pollution which
makes environment toxic. Environment pollution is discharging of waste in
environment making it unfit for consumption of living creatures. The problem of
environment pollution is not new it has its existence as old as time of Plato that
is 2500 years ago.[1]
According
to world bank estimate India annually losses $80 billion because of sickness
and death from pollution of environment.[2] This much amount of money
if invested in India could solve the problem of hunger. Therefore, prevention
of pollution is an utmost needed step of the hour. Since humans cannot exist
without clean environment therefore right to life cannot be realised without
basic rights such as clean water, air and land.
In
this article we are going to understand environmental human rights.
HISTORY
OF ENVIRONMENT AND HUMAN RIGHTS-
Many
environmentalist believe that it was during the period of 1760s to 1820s which
was of industrial revolution that gave birth to the environment pollution.
Sweden
was the first to suggest UN the need of conference on human environment.
Suggestion was passed by UN general assembly in 1969 and Stockholm conference
was held from June 5-16 in 1972. It was during Stockholm conference 1972 for
the first time the pollution was discussed at a world level in UN meeting. This
convention led to the formation of United Nations environment programme and
world environment day which is on June 5 every year, which is the date on which
Stockholm conference was held.
This
meeting led to the recognition of human rights and environment and right to
healthy environment was held to be fundamental rights.
Then,
in the year 1992 the largest UN conference also popularly known as “Earth
Summit” was held in Rio de Janeiro in which sustainable development was
discussed in detail.
After
these major UN conferences every country started to realise the importance and
need of steps to prevent environment from further getting degraded. India was
also not an exception to them.
EFFECTS
ON INDIA-
After
attending the Stockholm conference environmental laws in India started to get
moulded. In year 1972, pitamber committee was set up to make a report on the
state of the environment in India[3]. Based on the
recommendation of the committee, national committee on environment planning and
coordination was constituted, which was elevated in year 1985 to form ministry
of environment and forest.
In
year 1974 the water (prevention and control of pollution) act was passed, which
established the central pollution control board and state pollution control
board.
INDIAN
CONSTITUTION ON HUMAN RIGHTS AND ENVIRONMENT
Indian
constitution and judiciary played a vital role in giving its citizen Right
regarding environment.
According
to Principle 1 of Stockholm declaration “Human beings are at the centre of concerns for sustainable development.
They are entitled to a healthy and productive life in harmony with nature”.[4] We
can find the reflection of principle 1 in article 14,19 and 21 of Indian
constitution. All these rights are given under part III of the constitution.
Specific provisions are also found in part IV and part IV-A which is of
Directive principle of state policy and fundamental duties respectively.
RIGHT TO LIFE:
Article 21 of Indian constitution guarantees
all fundamental right to life and right to personal liberty. Article 21 is also
known as the “heart” of Indian constitution because of its ever-expanding
scope. Article 21 is interpretated widely by our judiciary, similarly was in
the case of environment.
First case in which indication was given
regarding recognition of right to live in healthy environment was given in R.L
& E. KENDRA, DEHRADUN V. STATE OF UP.[5]
In this case citizens and rural litigation and
entitlement kendra, Dehradun wrote a letter to supreme court regarding the
mining in Mussoorie hills because of which there was soil erosion thereby
making lives of locals difficult and landslides were also occurring frequently,
acting on this supreme court formed a committee to advise the bench, on the
grounds of the reports by the committee supreme court ordered closure of
limestone quarries.
Though in this case Supreme court did not
directly mention the right but by asking registry to treat letter as writ
petition under article 32, Supreme court made an indication regarding
recognition of right to healthy environment as a fundamental right.
In case M.C MEHTA V. UNION OF INDIA[6],
which is also known as “oleum gas leak case” supreme court once again treated
right to live in pollution free environment indirectly as fundamental right.
In case SUBHASH KUMAR V. STATE OF BIHAR[7]
supreme court for the first time took a clear and direct stand on including
right to heathy environment under article 21 of Indian constitution.
Freedom of speech and expression-
Article 19 (1) (a) of Indian constitution
guarantees every citizen fundamental speech and expression. In India
environmental jurisprudence is developing because of right to speech. This
freedom resulted in many PILs which moulded and developed environmental
jurisprudence.
PIL is acronym of public interest litigation,
in PIL a person or an organization can file a petition on behalf of poor or
person who don’t know their rights.
PILs are great tool for bringing voices of poor
people who many times suffer environmental effects because they either don’t
have money or they don’t know their rights.
In P.A Jacob V. The Superintended of Police,
Kottayam [8] Kerala High Court held
that freedom of speech under article 19(1)(a) does not include freedom to use
load speakers. Thus, noise pollution created can be checked by article 19(1)(a).
RIGHT TO KNOW-
Right to know is also under article 19(1)(a),
Right to know about the actions of government is one of the basic rights which is
given in most of the democratic countries. This is important in case of environmental
jurisprudence because people must know governments plan which might affect
their health, life or livelihood. For example- government’s plan for
construction of thermal power plant must be widely published since construction
and operation of plant is adversely going to affect people’s life.
In Bombay Environmental Action Group V. Pune
Cantonment[9], the petitioner
was a group of environmentalists who sent letter to respondents in connection
of the construction of the building, petitioners further wanted permission for
inspection which was rejected. thereafter petitioner filed a writ petition.
High Court held that petitioners were having right to know under article
19(1)(a) and they were granted the permission to inspect the construction of
building.
DUTIES-
Where there is right there is duty, our constitution
also has some duties in relation with environment in part IV.
Article 51 A(g) specifically deals with
fundamental duty with respect to environment. According to article 51A(g) 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.
Duty
is not only imposed on citizens but also on government, according to article 48A
which talks about Protection and improvement of environment and safeguarding of
forests and wild life, The State shall endeavour to protect and improve the
environment and to safeguard the forests and wild life of the country
According
to article 47 of the constitution which is one of the directive principles of
state policy provides that state shall regard the raising of level of nutrition
and standard of living and public health of citizen as a primary duty.
In
T. Damodhar Rao V. S.O Municipal corporation, Hyderabad[10], the court in context of
article 48A and article 51A(g) said that ‘ it is clear that protection of
environment is not only duty of every citizen but it is “obligation” of state
and all state organs including courts’.
SUGGESTIONS-
· Citizens
should be made aware of there fundamental rights in respect of environment,
thousands of PILs shows that people still don’t know about their rights some
other person has to stand up on their behalf.
· If
we will go through the provisions of environmental legislations including IPC
punishments are very low as compared to the damages done. If we look at section
290 which punishes for public nuisance the fine is only of Rs 200, similarly in
section 277 which punishes for fouling of water bodies fine is only Rs 500.
These all fines are still of colonial period.
· There
should be an authority at a “local” level which could instantly provide
solutions. For example, approaching court takes a lot of time till then
factories will continue to pollute.
· Government
industries should be well equipped to treat waste materials.
CONCLUSION-
Stockholm
conference was the first major step in recognizing environmental problems since
then environmental activism is expanding at a rapid rate but if we compare
Indian scenario as compared to other developed countries, we find that it is
still not sufficient. Recent example is of capital city of India, Delhi which
is also popularly known as gas chamber of India. Innocent kids of Delhi are
continuously being subjected to bad air, risking their future. According to a
report there are around 51000 illegal factories running in Delhi. Therefore, in
India there is still a need of effective steps. Along with governments citizens
are also responsible in polluting environment. Citizens of India are blessed to
have so many rights, if used in bona-fide may prevent environment problems.
Judiciary
has played a significant and applaudable role in resolving environmental
issues. We now have Right to healthy environment as a fundamental right.
It
is at last the citizens of India who suffer.
[1] See Hambro E, “The human
environment- Stockholm and after”
[2] https://www.ndtv.com/world-news/pollution-costs-india-80-billion-a-year-world-bank-528678
[3] https://www.unep.org/resources/report/state-environment-report-india
[4] Refer https://www.cbd.int/doc/ref/rio-declaration.shtml
[5] AIR 1985 SC 652
[6] AIR 1987 SC 1086
[7] 1991 1 SCC 598
[8] A.I.R 1993 Ker.1
[9]
Writ petition No. 2733 of 1986, Bombay High Court
[10] A.I.R 1987 A.P. 171
