Saturday, 29 January 2022

Constitutional provisions regarding pollution free environment

 constitutional provisions regarding pollution free environment 

The constitution of India guarantees fundamental rights and constitutional rights which are essential for the development of every person.  Right to environment is also a right without which the development of individual shall not be possible.

        According to article 21 the constitution, no person shall deprive of his life or personal liberty the article 21 husband interpreted time to time.

Maneka Gandhi vs. Union of India (AIR 1978)

In this case the article 21 guarantees right to environment free from danger of disease and infection. Right to healthy environment is important attribute of right to leave with human dignity.

 In Dehradun quarrying case the right to live in a healthy environment was recognized under article 21 of the constitution.

Article  19 (1) (g) of the Indian constitution confers fundamental right on every citizen to practice any profession, occupation, trade or business. But this has some restrictions,  as it is and cannot carry on business activity,  if it is health hazardous to the society.  it promotes safeguard for Environmental Protection.

A writ petition Can be filed before the Supreme Court,  and High Court under Article 32 and Article 226 respectively. Writ petitions have often been restored in environment cases since the right to a free and healthy environment has been an implied fundamental right recognized by part three of the constitution of India.

AP Pollution Control Board vs. M V Naidu (1999)

In this case the judges of the Supreme Court accepted that the precautionary principle and the polluter pay principles are significant parts of the environmental law of India.

M. C. Mehta vs. Union of India (AIR 2008)

The case is known as the Taj Trapezium case, Involved the Supreme Court of India to direct the Uttar Pradesh government to take protective measures  for securing environment that was being affected by the industries surrounding the Taj Mahal monument.  with the monument being threatened with deterioration and damage. 

 The chapter on fundamental duties of the Indian constitution clearly imposes duty on every citizen to protect environment.  article 51 A Says that it is the duty of every citizen of India to protect and improve the natural environment.

 the directive principles under the Indian constitution directed towards ideals of building a healthy state.  Hell environment is also one of the elements of a welfare state. Article 47 of the Indian constitution provides that the states that regard the raising of the level of nutrition and the standard of livings of its people and the improvement of public health is also including protection an improvement of environment also.

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