Chandana
Environmental rights are composed of
The Substantive right which includes the right to clean the environment, safe drinking water, clean air and safe food.
Procedural rights are rights which citizens get in the process of protecting the environment which includes the right to environmental information and participation in environmental decision making and to access to justice.
The Right to a clean environment is implicit under Article 21 of the Indian Constitution.
In the case of Subhash Kumar v State of Bihar, the court held that the right to life which is guaranteed under Article 21 of the Indian Constitution includes the right of enjoyment of pollution free water and air for full enjoyment of life.
In the case of MC Mehta v. Union of India, the court held it is a fundamental duty of every citizen to protect and improve the natural environment just as it was a duty of the state to protect and improve the quality of the environment.
The United Nations Conference on the Environment in Stockholm was the first conference to discuss environmental issues. Only after the Stockholm Conference, 1972 India brought in the 42nd Amendment to the Indian Constitution and incorporated Article 48-A and Article 51A (g)
Article 48-A of the Indian Constitution(Inserted by the Constitution in 48th Amendment Act, 1976) states that the state shall endeavour to protect and improve the environment and to safeguard the forest and wildlife of the country.
Article 51-A (g) of the Indian Constitution states it is the duty which is vested on the citizens to protect and improve the natural environment including forest, lakes, rivers and wildlife and to have compassion for living creatures.
Public Trust Doctrine
In the case of M.C Mehta v. Kamal Nath, the supreme court applied the doctrine of public trust and also opined that this doctrine primarily rests that certain resources like air, sea water, and forest have such great importance to the people as a whole and that it would be wholly unjustified to make them a subject of private ownership.
The Doctrine of Sustainable Development
Sustainable Development means to fulfill the needs of the present generation without compromising the future generation.
The judiciary has reached the conclusion that to have a stable environment the pollution limit should be within the sustainable capacity of the environment.
Judicial Remedies for Environmental Pollution
There are two remedies which are available in case of environmental pollution
Tortuous remedies like trespass, nuisance, strict liability and negligence.
Statutory remedies like any suits which are brought by the citizens under various statutes.
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