Fundamental Right to Environment

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FUNDAMENTAL RIGHT TO ENVIRONMENT : 

FUNDAMENTAL RIGHT TO ENVIRONMENT

SUSTAINABLE EVELOPMENT : 

SUSTAINABLE EVELOPMENT Development that meets the needs of the present without compromising the ability of the future generation to meet their own needs

BASIC PRINCIPLES OF SUSTAINABLE DEVELPOMENT : 

BASIC PRINCIPLES OF SUSTAINABLE DEVELPOMENT Inter generational equity M.C.Mehta v. Kamal Nath The Govt. sanction given to deviate natural flow of river for the sake of increasing facilities of a motel held violating the public trust Hinchlal Tiwari v. Kamala Devi Open spaces originally ponds filled up to convert for housing colonies held violative of public trust doctrine

BASIC PRINCIPLES OF SUSTAINABLE DEVELPOMENT : 

BASIC PRINCIPLES OF SUSTAINABLE DEVELPOMENT Polluter pays principle M.C. Mehta v. Kamal Nath compensation was ordered for restitution of environment and to repair the damage caused by omission M.C. Mehta v. Union of India remedy to compensate the villagers suffering from the lethal waste left behind by a group of chemical industries

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Precautionary principle Vellore Citizens Forum v. Union of India ordered closure of tanneries not having common effluent treatment plants M.C. Mehta v. Union of India (Taj Mahal Case) ordered that the onus to prove that emission from coal is environmentally benign is on the industry BASIC PRINCIPLES OF SUSTAINABLE DEVELPOMENT

Constitutional mandate : 

Constitutional mandate Article 21: “No person shall be deprived of his right to life and personal liberty except according to the procedure established by law” it does not specifically provide for fundamental right to environment contribution of judiciary in establishing right to environment

Right to Healthy Environment is A Judicial Creation : 

Right to Healthy Environment is A Judicial Creation Right to life Prior to Maneka’s decision After Maneka’s decision

Right to Healthy Environment is A Judicial Creation : 

Right to Healthy Environment is A Judicial Creation Right to life extended to right to live with human dignity Sunil Batra, Hussainara Khatoon Right to life extended to right to health and other hygienic conditions Rural Litigation and Entitlement Kendra Right to live in a humane and healthy environment Oleum Gas Leakage Case

Right to Healthy Environment is A Judicial Creation : 

Right to Healthy Environment is A Judicial Creation Right to live in a healthy environment wherein state is empowered to restrict hazardous industrial activities M.C. Mehta – Relocation of tanning industries alongside Ganga Right to live encompasses the right to claim compensation for the victims of pollution hazards M.C. Mehta (Oleum Gas Leakage)

Duty on the State : 

Duty on the State Article 48 A introduced by the 42nd Amendment “The state shall endeavor to protect and improve the environment and to safeguard the forest and wildlife of the country” Article 47 imposes a duty on the state to improve standard of living and public health

Duty on the Citizens : 

Duty on the Citizens Article 51 A (g) “It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures,”

Vellore Citizens Welfare Forum v. Union of India : 

Vellore Citizens Welfare Forum v. Union of India By virtue of Articles 47, 48 A and 51 A (g) the citizen has a right to approach the Supreme Court to ensure that the fundamental right to quality human life is being protected by the state.

M.C. Mehta v. Union of India(2002) : 

M.C. Mehta v. Union of India(2002) The provisions, Articles 39 (c), 47 and 48 A collectively cast a duty on the state to secure the health of the people, improve public health and environment. S.C. ordered conversion of diesel vehicles to CNG as a part of the campaign to free Delhi from pollution hazards.

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Finally we stand on the threshold when the Supreme Court has decided that right to sustainable development is a fundamental right and is to be treated as an integral part of right to life under Article 21

Slide 15: 

THANK YOU