Constitutional
provisions for the protection of the environment is a constitutional provision
that deals with rule/ law within a nation or state’s constitution for
protecting the environment. We
consider our constitution to be one of the most altered ones to date because of
how much it has evolved and changed through time. These constitutional
provisions impose duties and restrictions on an individual to protect the
environment to provide every citizen a clean and safe environment for living
with harmony and dignity.
INTRODUCTION
Global warming,
deforestation, pollution of the air, water, and other forms are all quickly
growing, endangering the environment and those who live there. When the
environment is damaged as a consequence of a variety of individual behaviors,
it harms the well-being of living things, including humans, animals, and
plants. Since humans are a part of nature, natural resources need to continue
operating for life to continue. This
guarantees a consistent flow of food and energy, which is essential to the
support system. Nature and human existence are intertwined and mutually
beneficial. As a result, there is a sense that environmental conservation
equates to human safety and preservation. Humans have to protect the
environment and if he fails to do so; then it would destroy the environment. Global warming, industrialization,
urbanization, poverty, degradation, “resource depletion”, and population
increase are the main contributors to pollution and environmental
deterioration. On a worldwide basis, they pose serious issues.
“In constitutional provisions, The notion of environmental protection has been given basic relevance since a healthy environment is crucial for human health, and it guarantees that everyone has the right to life which include a refreshing environment and the capacity to live honorably. Environmental preservation is good for everyone's health, and a healthy person stimulates the environment's growth, which is much required. Law is primarily concerned with ways to regulate human behavior and ensure that society functions properly. Because the term "environment" does not occur because it became crucial to include provisions in the Indian Constitution since it is the highest form of national law and would protect the environment by preventing its exploitation.”[1] The Drafting Committee in India did not focus on environmental preservation during the preparation of the Constitution and did not create any policy on the subject. Prime Minister Indira Gandhi expressed grave worry about environmental deterioration and ecological imbalances following the Stockholm Declaration of 1972, The document, which included India as a member nation, is sometimes referred to as the “Magna Carta on Human Environment”. The 42nd Amendment Act, issued by the Indian Parliament in 1976, inserted two clauses-“Articles 48A and 51A(g)” into the Constitution to honor pledge made in the Stockholm Declaration. To achieve this, my research paper will be divided into four sections. The first section discusses the environment and constitution of India, the second section deals with the environment and citizens, the third talks about environmental laws in India, and the fourth section talks about various case laws concerning environmental protection.
ENVIRONMENT AND
CONSTITUTION OF INDIA
The Vedic
civilization in ancient India prioritized environmental preservation and
cleanup. The preservation of the environment became a deeply held belief,
expressed in people's everyday lives and ingrained in myth, folklore, art,
culture, and religion. Forests, trees, and animal conservation were held in
high regard in Hindu doctrine. The
five elements of life—water, air, ether, fire, and earth—are what give living
things their form (Agni). Because they satisfied the demands of people, they
were revered. Respect, ecological balance, and environmental preservation are
values that are highly valued in Indian culture.
Environmental
protection was not a basic “obligation”, but rather a moral one before India
declares independence. The Indian Constitution of 1950 does not include an
explicit mention of environmental protection. Following
independence, India had a massive development and rise of industries, with
urbanization leading to environmental degradation. India's government lacks any
environmental protection laws, even though environmental pollution has become a
serious concern for both India and other nations across the world. Therefore, environmental
pollution is the main concern after independence. So, various constitutional
provisions were made for protecting the environment from pollution. In June
1972, India vowed to take the necessary actions to protect and enhance the
human environment at the “United Nations Conference on the Human Environment in
Stockholm”, Sweden. In the 42nd Amendment Act of 1976, two environmental
protections, “Articles 48A and 51A(g)” were added to the Indian Constitution.
- Article 48A – State is required under this article of the Indian constitution to safeguard and preserve the environment, as well as to develop and maintain forests and other natural resources. This paragraph may be found in the DPSPs.
- “Article 51A (g)” – Under the provisions of this article of the Indian Constitution, every citizen of India is obligated to protect and maintain the environment, which includes forests, lakes, rivers, and animals.
The Preamble of
the Indian Constitution states that the Indian people promise to turn their
country into a socialist state. This demonstrates how living in a socialist
society is permitted under our constitution. As a result, rather than focusing
on individual issues, the goal should be to address and solve social problems
first. What is in the public interest is of paramount importance here. The Preamble's main goal is socialism, and
it is the state's role to achieve it through enforcing strict environmental
regulations. Along with providing a clean environment free of pollution, the
state is also responsible for ensuring that all living things have a decent level
of existence.
Kinkier Devi v state
“In this case, the Himachal Pradesh High Court held that it is both a
constitutional pointer to the state and a constitutional duty of citizens to
not only protect but also improve the environment, and to preserve and
safeguard the forests, flora and fauna, rivers and lakes, and all other water
resources of the country in Article 48-A and Article 51-A (g). Failure to
comply with the responsibility is tantamount to treason against the ultimate
law of the state. The courts are unable to remain mute in the face of
treachery. By issuing Writs
and Orders as necessary and appropriate, a court may step in at any point to
verify that the requirements are satisfied.”[2]
Currently, the
Indian Constitution recognizes many direct and indirect environmental
protection measures, including:
Indirect provisions-
- “Article 14”- “The
"right to equality," which is defined in the Indian Constitution as
"equality before the law and equal protection of the law for all citizens
of the nation," is the major topic of discussion. This
right can be harmed when the government passes laws that harm the environment,
hence Article 14 indirectly safeguards the environment. It also imposes an
obligation on state governments to use their discretionary powers in the public
good, including in the field of the environment.”[3]
- Article 19 provides the right to speak and expressed their opinion to everyone in India. This lengthy article contains several smaller ones.
- “Article 19(1)(g)” – “This article of the Indian constitution mainly deals with the freedom of trade and commerce and environmental protection. It allows all of India's people to engage in any trade, company, or profession from wherever within the country's borders. This right is not unrestricted, and it is subject to the limitations set out in Article 19 (6) to mitigate environmental problems.”[4]
Direct provisions
- Article 21- “The right to life and personal liberty is protected under Article 21 of the Indian constitution. The right to life refers to the right to live a dignified life. This article does not specifically include the right to clean water and a healthy environment. However, as implied by Article 21 of the Indian Constitution, several judicial decisions have expanded the scope of the right to life and personal liberty to include further unarticulated liberties.”[5]
- Article 47 - This Article makes it clear that the state has a responsibility to raise the standard of living and provide a safe environment for individuals.
- “Article 48A”- The DPSP chapter was expanded to include this article by the 42nd amendment to the constitution, which was adopted in 1976. In addition to having a responsibility to maintain a safe environment, this article requires the state to take particular actions to preserve the environment against pollution. It broadens the scope of the State's obligation to take care of the environment, including the woods and animals that live there and need to be preserved.
- Article 51A (g) – The
42nd amendment introduced a chapter “fundamental duty”. It is necessary to impose a responsibility
on citizens for rights to be enforced. Every Indian citizen is required under
Article 51 A (g) of the Indian Constitution to protect and promote the
environment, which includes forests, rivers, and respect for all living things.
These are the
explicit and implicit clauses in the Indian Constitution that support
environmental protection and impose obligations on the people of India.
Articles 32 and
226 of the Indian Constitution were used in the bulk of instances regarding
pollution and ecological imbalances. Article 32 is also a basic right; under
this article, any activity that endangers people or has an impact on the
environment may be the subject of a writ petition submitted to the Supreme
Court of India by a party. The Supreme Court has the authority to make
decisions and issue directives about this behavior. Article 226 grants the
right to file a writ petition with the high courts. These are the
constitutional options for defending the environment.
One article is
also important in our constitution for protecting the environment i.e Article
253-
This Article gives Parliament the authority to adopt legislation for the entire country or any portion of it to implement any international treaty, convention, or agreement to which it is a signatory. As a signatory to the Stockholm Declaration of 1972, India's Parliament passed some environmental legislation.
ENVIRONMENT AND OBLIGATIONS OF CITIZENS FOR PROTECTING THE ENVIRONMENT
Citizens are one of a country's most useful resources in terms of enforcing environmental laws and regulations. They know the country's topography and natural features better than any government would ever know. The state’s obligations to safeguard the environment are essentially citizen rights. The country's citizens have a responsibility to preserve or protect the environment. Citizens must defend their right to a decent quality of life and a clean environment and abstain from actions that endanger the general public and all other living things. In 1976, the Indian constitution underwent its 42nd amendment, which added a new section iv-a outlining "basic citizen obligations." Every Indian citizen is required to protect and enhance the natural environment as well as to have compassion for all living things, according to “Article 51a(g)”. Everyone has a fundamental duty to "protect" the environment against pollution as well as to restore it if it has been harmed. Because nature has benefitted us all, we must all work to preserve it.”
ENVIRONMENTAL LAWS IN INDIA
The Indian government will enact several laws to save the environment. Some of them are:
- The 1974 Water (Prevention and Control of Pollution) Act
- The 1981 Air (Prevention and Control of Pollution) Act
- The 1986 Environmental Protection Act
- 1972's The Wildlife Protection Act
- The 1927 Indian Forest Act
- The 1980 Forest (Conservation) Act
Every government must have laws governing the environment. It is a collection of guidelines that control the state of the environment, including the quality of the air, water, and other elements. The constitution's goals are directly reflected in India's environmental policies. The necessity of environmental preservation and conservation, as well as the sustainable use of natural resources, is acknowledged in India's constitutional framework. The Ministry of Environment, Forests, and Climate Change, which is represented in parliament, is responsible for organizing, planning, promoting, and supervising the country's environmental and forestry operations.
THE INDIAN CONSTITUTION CONTAINS A VARIETY OF DOCTRINES FOR ENVIRONMENTAL PROTECTION
Polluter pays principle:-
In 1972, OECD approved the polluter pays policy. "Whoever causes pollution should face the expense of preventing harm to human health and the environment," says this idea. The essential premise of this idea is that "if you make a mess, it is your responsibility to clean it up. The polluter pays idea focuses on the therapeutic method of repairing ecological harm produced by any person or group of people, rather than the 'blame.'
In the Vellore Citizens Welfare Forum v. Union of India case, this idea was also used.
According to the Vellore Citizens Welfare Forum v. Union of India, each of the negligent tanneries was required to pay a pollution fee of $10,000. This money went into the "Environmental Protection Fund," which was then used to compensate the victims and repair the environment.[6]
Precautionary principle:-
The precautionary principle is stated in Rio Declaration Principle 15. This is the circumstance. The precautionary principle must be followed to preserve the ecosystem. This concept states that the absence of complete scientific knowledge cannot be used as an excuse for failing to provide cost-effective alternatives in the event of danger or permanent environmental harm.
In M.C. Mehta v. Union, sometimes referred to as the Taj Mahal Case, the court adopted a preventative strategy. A public interest lawsuit was brought in this case, arguing that environmental contamination has caused the Taj Mahal to deteriorate. The case was sent to an expert committee for technical assistance. Based on the committee's report. This is an internationally recognized monument.
CASE LAWS RELATED TO THE ENVIRONMENTAL PROTECTION
M.C MEHTA V UNION OF INDIA, 1983
The supreme court ruled that the central government must require at least one hour of mandatory training each week in all educational institutions in the country to conserve and develop the environment.
L.K. Koolwal v. State of Rajasthan and Others
“The Rajasthan High Court decided that water quality, environmental preservation, sanitation, and public health are all covered by Article 21 of the Indian Constitution. The municipality of Jaipur was negligent in this matter, and its inability to perform basic tasks has impacted the lives of many people, causing them to develop different illnesses and shortening their lives.”[7]
SUSHILA SAW MILLS V STATE OF ORISSA,1995
“The right to carry on business under Article 19(1)(g) is subject to the legislative requirement, according to the court. The continuance of the present law is not valid if the statute allows for a total prohibition.”[8]
ABHILASH TEXTILES V RAJKOT MUNICIPAL CORPORATION (1988)
Every individual
has the right to pursue their profession under article 19(1)(g), however, this
fundamental freedom is constrained under article 19(6) in the interests of the
general good, according to the Gujrat High Court. When there is a public health
danger, the business cannot be conducted.
T.N GODAVARMAN
THIRUMMULPECT V UNION OF INDIA, 2006
Since natural
resources are considered to be national assets, the Supreme Court holds that
the government should protect them rather than waste them. Every time the
environment is injured, the right to a healthy existence under Article 21 is
violated.
M.C MEHTA V UNION
OF INDIA, 1987
The Ganga
Pollution Case is how people often refer to it. Despite the possibility of job
and income losses brought on by the closure of tanneries. argues that the
public's lives, health, and environment are more crucial since Article 21 of
the Constitution mandates that no one shall be denied the right to life.[9]
M.C MEHTA V KAMAL
NATH, 2000
“This case deals with the Pollution of the
environment as a crime against the community, and those who cause pollution
must pay compensation for the repair of the environment and ecology.”[10]
N.D JAYAL V UNION
OF INDIA, 2003
“The right to
health is a basic right guaranteed by article 21 in this case, which is also
known as the Tehri dam project. The destruction of the Himalayan environment
caused by the dam's construction cannot be mitigated by rigorously adhering to
the requirements linked to the clearance if the features of sustainable
development do not respect human life and the Himalayan environment suffers as
a result.”[11]
CONCLUSION
This research
paper mainly focuses on why environmental protection is important, why a need for
environmental preservation originates, and how constitutional provisions help
in protecting the environment. Various factors have been identified as a key
influence in contaminating the environment, impacting people's lives, and
providing a serious threat to the country's other living species. Indians have always recognized and practiced
environmental protection. These
habits, however, were gradually fading out as the times changed. People were
not aware of how it affects badly in the environment.
Due to the increase
in industry and population in India, environmental pollution will increase
rapidly. First of all; we have to protect the environment, if we live in
harmony with nature, the natural world will nurture us and satisfy all of our
needs. For the environment and human development to coexist in harmony, humans
must safeguard and conserve the environment. Additionally, we have discussed several
case laws that are essential for environmental preservation. The rulings of the
courts have a favorable effect on our nation's ability to grant numerous rights
and obligations in terms of environmental protection. Additionally,
constitutional safeguards significantly help to preserve the environment from
pollution. The 42nd amendment to the constitution, which became effective in
1976, declared environmental conservation to be a fundamental obligation of the
federal government, each state, and every American. Lastly,
we conclude that not only do constitutional provisions give an impact on our “environment”
but also it is our responsibility and awareness to give more rise to protecting
the environment of our country. If we are fit and healthy, it may make a
significant contribution to the economy and the overall development of the
country by laying the way for progress, creating jobs, and rising GDP.
REFERENCES
- https://legalstudymaterial.com/constitutional-provisions-protecting-the-environment/?msclkid=8b026d80cdcc11ec9f88186f191797bb
- https://blog.ipleaders.in/constitution-environment-provisions/?msclkid=b29be642cdcc11ecaa68bf9de0a7edd5
- https://lawcorner.in/constitutional-provisions-for-environmental-protection/?msclkid=b29d5fddcdcc11eca52b6b0f6ad15ad8
- http://www.legalservicesindia.com/article/1926/Environmental-Laws-and-Constitutional-Provisions-In-India.html?msclkid=5179351acdd011ec9bb62b04feb72c7a
- http://hrlibrary.umn.edu/instree/humanenvironment.html#:~:text=To%20defend%20and%20improve%20the,worldwide%20economic%20and%20social%20development.
- https://www.cgee.org.br/documents/10195/734063/CPSD_Report_final-review-vf-web.pdf/11b39838-1d9d-4eac-93dd-8b7acdd880fd?version=1.2
[1] Pooja kapur, ‘Constitutional Provisions for
Environmental Protection in India’(ipleaders,28 june 2019)< https://blog.ipleaders.in/constitution-environment-provisions/?msclkid=b29be642cdcc11ecaa68bf9de0a7edd5>
accessed 12 may2022
[2] Lavanya rai, ‘Constitutional Provisions Protecting the
Environment’(legal study material, 2 june 2021)< https://legalstudymaterial.com/constitutional-provisions-protecting-the-environment/?msclkid=8b026d80cdcc11ec9f88186f191797bb>
accessed 12 may 2022
[3] Article
14 of the Constitution of India states that “The State shall not deny to any
person equality before the law and the equal protection of laws within the
territory of India.”
[4] Article 19 (1) (g) of
the Constitution of India states that “All the citizens of India shall have a
right to practice any profession, to carry on any occupation, trade, and
business.”
[5] Aditi
saho, ‘Constitutional Provisions For Environmental Protection’ (law corner,
4 august 2021)<
https://lawcorner.in/constitutional-provisions-for-environmental-protection/?msclkid=b29d5fddcdcc11eca52b6b0f6ad15ad8>
accessed 12 may 2022
[6] Vellore citizens welfare forum v union of India,(1996) 5 SCC 647
[7] L.k.
koolpal v state of rajasthan and others AIR 1988 Raj 2
[8] Sushilla saw mills v
state of orissa 1995 SCC (5) 615
[9] M.C mehta v union of india AIR 1988 SC 1037
[10]M.C MEHTA V KAMAL NATH (1997)1 SCC 388
[11]N.D JAYAL V UNION OF
INDIA (2004)
9 SCC 362
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