Article 51A of the Indian constitution requires every citizen to protect and improve the natural environment (forests, lakes, rivers, wildlife) and care for all living creatures.
Even though it is the fundamental duty of the Indian citizens, It is an obligation we owe to ourselves, future generations, and the countless species that share our planet. A healthy environment provides us with clean air to breathe, clean water to drink, and fertile land to cultivate. It regulates our climate, safeguards biodiversity, and offers countless recreational opportunities. By safeguarding our environment, we ensure the sustainability of our planet and the well-being of all its inhabitants. People were not aware of the constitutional obligations regarding environmental protection. In addition, the environmental laws are ineffective in functioning, which leads to a lot of pollution.
The case of Rural Litigation & Environment Kendra v. The State of U.P.[1] is a landmark case highlighting the importance of environmental protection and the right to have a healthy environment. The Supreme Court of India in that case held that a healthy environment is an integrated part of the right to life under Article 21 of the Indian constitution. It firmly established, directed, and promoted the right to a healthy environment, strengthening environmental regulations and sustainable development.
[1] Rural Litigation & Environment Kendra v. The State of U.P.- 1989 AIR 594 1989 SCC Supl
AUTHOR:
J. Jeslin Jesiya, 5th year BBA. LL.B (Hons.), Saveetha School of Law, Chennai