Environment and Right to Life

Indian Polity Fundamental Rights

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The ‘Right to Clean Environment’ was read as part of the ‘Right to Life’ under Article 21 by the Supreme Court in the case ‘Subhash K vs State of Bihar’ and ‘Virender Gaur vs State of Haryana’. Originally inspired by the Stockholm Declaration,1972, the Water (Prevention of Pollution) Act, 1974 and EPA, 1986 were the Indian legislative steps taken to protect the environment.

The Right to Life as a Fundamental Right was conceived in a newly independent India to ensure the existence of citizens under a Rule of Law and no arbitrary action can take away a citizens right to live except under the provision of Rule of Law. The Directive Principle of State Policy contained provisions that were forward looking for a nascent state yet unable to guarantee all but the minimum rights to its citizens. The need for environmental protection gained currency in 1970s with international steps like Stockholm Declaration in 1972 and national steps in this direction with Water Act,1974, the provision of protection of environment in DPSPs in 1976 via 42nd Amendment and also in Article 51 A (g) as part o Fundamental Duties. But these were legally weak provisions with an aspirational value.
The growth of Vehicles in India post liberalisation in 1991, saw a deluge of cars and 2-wheelers flooding the streets in line with the aspirational middle class. Simultaneously came the rise in emissions from Vehicles, Factories, discharges in rivers and lakes and so on. The worsening of life quality especially in bigger cities and industrial towns led the Courts to take a position that enlarged the ‘Right to Life’ provision with a reading of what exactly constitutes life. The right to a clean surrounding with air, water and land were found integral to the existence. Thus the SC judgement in cases mentioned above as well as the direction to Govt to notify emission norms for vehicles, location of industries away from heritage and living areas etc.
The creation of NGT, the idea of banning diesel vehicles older than 10 years in NCR are steps taken by both legislature and Courts. But often this argument for ‘Right to clean environment’ clashes with other constituent of “right to life’ which is ‘Right to Livelihood’. The livelihood of Taxi drivers with diesel vehicles, truck drivers and even tobacco industry workers is often at odds with the Environmental goals of the State. The debate between these 2 can also be turned on its head by examining the ‘Right to life’ and dignity of Sewage cleaners with the ‘Right to clean environment’ of the society in which the sewage is being cleaned.
It is thus clear that various components of ‘Right to Life’ like Right to clean air,water and land, right to education, right to livelihood etc can sometimes clash. The debate then assumes multiple dimensions of class inequality (middle class aspiration for clean surroundings vs slum dwellers right to exist), livelihood question (emission curbs limit the ability of drivers of diesel vehicles to earn a living) and so on. The Courts need to design a clear framework which can weigh these rights against each other in the interest of a larger society with all its peculiar characteristics, so that the lower courts and tribunals can take their cue from it.

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