ENVIRONMENTAL PROTECTION UNDER FUNDAMENTAL DUTIES
Category: Constitutional
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The focus to provide the constitutional mandate for the protection of environment was to ensure its preservation as it was a serious issue, although there were some discussion regarding the protection of environment since the ancient time but the full-fledged actions for the purpose came into force from the Stockholm Conference held in the year 1972.Based upon the Stockholm conference, the Indian parliament passed the forty second amendment to the constitution in the year 1976[i] and incorporated specially two Articles relating to protection and improvement of environment where in the Constitution of India obligates the “State” as well as “Citizens” to “Protect and Improve” the environment
KEY WORD
Environment protection, Constitutional provisons, Citizen, Fundamental duties.
INTRODUCTION
Part IV A of Indian constitution outlines citizens essentials,correlating with their rights.These obligations serve as a reminder that enjoying fundamental rights requires adhering to democratic standards.Environment protection is a shared duty between the government and citizens mandated by article 51 a (g).The SC enforce this obligations and stated constitutional significance.
ENVIRONMENT PROTECTION AND 42nd AMENDMENT
The 42nd Amendment of 1976 was a landmark incident in India’s environmental journey, elevating environmental concerns to a fundamental level and empowering the government to take proactive measures. It paved the way for comprehensive environmental legislation and marked a significant shift in India’s approach to environmental governance, playing a crucial role in shaping the country’s environmental agenda and ensuring a more sustainable future.
FUNDAMENTAL DUTIES
The 42nd Amendment Act added a new section to the Indian Constitution, outlining fundamental duties of citizens, including a specific duty to protect and improve the natural environment. Article 51A(g) emphasizes the importance of preserving forests, lakes, rivers, and wildlife, and also encourages compassion for all living creatures. This provision complements Article 48-A, which focuses on environmental protection, and Article 48, which specifically mentions the welfare of cattle. Overall, Article 51A(g) underscores the responsibility of citizens to care for the environment and all living beings.
OTHER CONSTITUTIONAL PROVISIONS
There are certain other constitutional provisions which are to be taken into consideration while talking about the protection of environment
ARTICLE 14
The Indian Constitution "right to equality" ensures that environmental actions by the State must be fair and non-discriminatory, aligning with Article 14. This principle is also supported by the Stockholm Declaration of 1972, which promotes equal access to environmental resources and fair environmental management.
ARTICLE 19(1) (a)
Article 19(1)(a) of the Indian Constitution guarantees freedom of speech and expression, enabling citizens to raise environmental concerns through public interest litigations (PILs), letters, or petitions. This freedom has facilitated judicial activism, allowing people to bring environmental issues to the court's attention, ultimately contributing to the development of environmental jurisprudence in India.
The Kerala High Court ruled in P.A. Jacob v. Superintendent of Police, Kottayam, that the freedom of speech under Article 19(1)(a) does not extend to using loudspeakers or sound amplifiers, allowing for the regulation of noise pollution caused by loudspeakers, thereby balancing the right to free speech with the need to protect citizens from excessive noise.
ARTICLE 19(1) (g)
Article 19(1)(g) of the Indian Constitution grants citizens the right to practice any profession or trade, but this right is not absolute. Article 19(6) allows for "reasonable restrictions" to be imposed in the interest of the general public, enabling the protection of environmental interests from harmful trade or business activities, thus striking a balance between individual rights and environmental concerns.
Abhilash Textiles v. Rajkot Municipal Corporation[viii] the Gujarat High court in this case made clear that, „the petitioners cannot be allowed to reap profit at the cost of public health.
ARTICLE 21
The judiciary has interpreted Article 21, which guarantees the right to life, to include the right to a healthy environment. Through various High Court and Supreme Court decisions, it has been established that a healthy environment is an essential aspect of the right to life and personal liberty. This is because life and environment are intricately linked, and the right to life would be rendered meaningless without a healthy environment to support it
In the landmark case of M.C. Mehta v. Union of India, the Supreme Court interpreted the right to life under Article 21 to include the right to live in a pollution-free environment, thereby recognizing environmental protection as an essential aspect of the fundamental right to life.
ARTICLE 246
The judiciary has interpreted Article 21, which guarantees the right to life, to include the right to a healthy environment. Through various High Court and Supreme Court decisions, it has been established that a healthy environment is an essential aspect of the right to life and personal liberty. This is because life and environment are intricately linked, and the right to life would be rendered meaningless without a healthy environment to support it.
ARTICLE 253
Article 253 of the Indian Constitution empowers Parliament to make laws that implement India’s international obligations, including any decisions made at global conferences or associations. This means Parliament can enact laws to fulfill treaty commitments or agreements with other countries, allowing India to meet its international environmental obligations and incorporate global environmental standards into domestic law.
LAW OF WRITS
The Indian Constitution grants the Supreme Court and High Courts the power to issue writs, ensuring citizens have access to constitutional remedies. Article 32 guarantees the right to approach the Supreme Court for enforcement of fundamental rights, making it a fundamental right itself. This provision allows citizens to challenge state actions, ensuring they are held accountable and justiciable under Articles 32 and 226, which is a basic feature of the Constitution.Â
RELEVANT CASE LAW
Rural Litigation and Entitlement Kendra v. State of UP
Justice R.N. Mishra opined that “preservation of the environment and keeping the ecological balance unaffected is a task which not only the government but also every citizen must undertake. It is a social obligation and let us remind every Indian citizen that it is his fundamental duty as enshrined in Article 51-A(g) of the Constitution.
 Kinkari Devi v. State
 Justice P.D. Desai remarked: “There is both a constitutional pointer to the state and a constitutional duty of the citizens not only to protect but also to improve the environment and to preserve and safeguard the forest, the flora and fauna, the rivers and the lakes and all other water resources of the country. The neglect or failure to abide by the pointer or to perform the duty is nothing short of betrayal of the fundamental law which the state and indeed every Indian is bound to uphold and maintain.
RECENT DEVELOPMENT
Supreme Court upholds empowered panel on environment
The Supreme Court on Wednesday said India has myriad “regulators, bodies and authorities engaged in protecting ecology, forests and wildlife, but their scrutiny has been felt to be insufficient”.Many a time, despite these environmental bodies, the apex court was left to battle alone to create a “critical mass of environmental jurisprudence” over the years.
Supreme Court of India bolts Right To Life with climate justice
The judgment reads in the right against climate change to protect the rights to life, health, food, water and a healthy environment. It recognizes the collective responsibility to take immediate action and advocates for policies that prioritize both human rights and climate action.
CONCLUSION
The protection of the environment is the most important aspect for the survival of human beings. The idea regarding the protection of the environment has emerged throughout the years; it is not the result of any gradual change. The Stockholm conference which can also be said as the first official meeting regarding the environment protection has drawn the attention of the entire nation regarding the protection of the environment.
