Bhattarai Prajwal - Fundamental Rights Case - Environmental Law Presentation

 Prajwal Bhattarai
prajwal7bhattarai@gmail.com
- Cases and Fundamental Right in Indian Constitution .

Overview
Right to a healthy and clean environment to be fundamental right
under the right to life under Article 21.
The right has been recognised by the legal system and the judiciary in
particular for over a century.
The “Right to Life” under Article 21 means a life of dignity to live in a
proper environment free from the dangers of diseases and infection.

Rationale behind this Article.
Maintenance of health, preservation and sanitation of
environment has adverse affects the life of the citizens.
 Polluted/Degraded Environment amounts to slow poisoning and
reducing the life of the citizens.
 The Right of life means the right to live a civilized life and it
also includes the right to clean environment.

Judicial pronouncements by the Apex court of India.
( Summaries of the Case )
 Subhash Kumar v. State of Bihar.
 Rural Litigation and Environment Kendra, Dehradun vs. State of
Uttar Pradesh.
 M.C. Mehta vs. Union of India (Vehicular Pollution Case).
 Murli S. Deora vs. Union of India.
 Vellore Citizens Welfare Forum vs. Union of India.

Subhash Kumar vs. State of Bihar. ( AIR 1991 SC 420)
The petitioner filed a public interest litigation claim against two iron and steel
companies, because they allegedly created health risks to the public by dumping
waste from their factories into the nearby Bokaro river.
 The municipalities and a large number of other concerned governmental agencies
could no longer rest content with unimplemented measures for the abatement
and prevention of pollution.
The Court recognised the right to environment as part of the fundamental right to
life including Right to the enjoyment of pollution free water.

Rural Litigation and Environment Kendra, Dehradun
vs. State of Uttar Pradesh. ( 12 March, 1985 )
 PIL was filed for illegal limestone mining in the Mussorie-Dehradun
region was causing damage to the fragile eco-systems in the area.
The Court treated petition under Article 32 of the Constitution.
Several committees have been appointed for the full inspection of
illegal mining sites.
Therefore, the Court ordered the closure of a number of limestone
quarries according to final report of committee.

M.C. Mehta vs. Union of India
( March 14, 1991 )
A matter regarding the vehicular pollution in Delhi city.
 It was held to be the duty of the Government to monitor contaminated air due
to vehicular pollution.
The Apex court again confirming the right to a healthy environment as a basic
human right and stated that the right to clean air also stemmed from Art 21
which referred to Right to life.
Landmark Case because of which lead-free petrol supply was introduced in
Delhi.
Complete phasing out old commercial vehicles as directed by the courts.

Murli S. Deora vs. Union of India.
[ (2001) 8 SCC 765'49 ]
It was contended that smoking is injurious to health and may affect the health of
smokers but there is no reason that health of passive smokers should also be
injuriously affected.
Statutory provision is made and implemented by the legislative enactment, it
was held that it would be in the interest of the citizens to prohibit smoking in
public places.
Since article 21 of the Constitution guarantees that none should be deprived of
their life, then why should a non-smoker become the victim of the whole process ?

Vellore Citizens Welfare Forum
vs. Union of India. (Aug 28, 1996 )
 Petition was filed against the large-scale pollution caused to River
Palar due to the discharge of untreated wastewater from workplace
and other industries in the State of Tamil Nadu.
Precautionary principle and polluter pays principle was evolved in
India after this case.

Constitutional mandates on
Protection of Environment.
Few Directives and state policies were introduced to the State on
aspects relating to public health, agriculture and animal
husbandry.
Art 39(b), Art 47, Art 48, Art 49, Article 51-A (g) impose individually
and collectively mposes the duty on the state as well as the citizens
of the state to protect and conserve the environment.
These constitutional mandates also preserve, protect and improve
the natural environment of the nation.

Major Environmental Movements in India.
 Bishnoi Movement.
 Chipko Movement.
 Save Silent Valley Movement.
 Tehri Dam Conflict.
 Jungle Bachao Andholan.

Right to Clean Environment in Nepal.
Article 30 of Constitution of Nepal-2072 has the provision for Right to clean
Environment as fundamental rights.
Every citizen shall have the right to live in a clean and healthy environment.
Further it has compensation for victims for any injury caused from
environmental pollution or degradation.
Article 30(3) states that nothing shall prevent the making of necessary legal
provisions, for a proper balance between the environment and developmental
works of nation.

Synopsis on Environmental Issues.
The environmental movements favour the sustainable management of natural
resources for conservation and improvement of the state of the environment.
 Many movements are centred on ecology, public policy, health and human
rights.
Activities posing a major threat to the environment were curtailed to protect
the individual’s inherent right.
Environmental rights are guaranteed under various instruments for the
protection of legal and human rights.

Conclusion
 Indian environmental scenario has undergone a positive change
through active interpretation of constitutional and legislative
clauses by the judiciary major movements.
Right to clean and healthy Environment as a fundamental right under
Article 21 (Right to life ) on the constitution of India.
Right to life as environmental rights as quality life and basic human
right of individual which promotes sustainable developmental goals.

References :
 Right to clean and healthy environment as fundamental right in
India - Lexpress ( July 19/2017 ).
 Constitution of Nepal and India.
 Clear IAS Major Environmental Movements in India.
 Right to Clean Environment : Basic Human Right. ( Legal
Service India ).
 Assertion of Right to Clean Environment in India ( January 30,
2012 )

Thankyou !!!
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Bhattarai Prajwal - Fundamental Rights Case - Environmental Law Presentation

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