ARTICLE 21 and ENVIRONMENT

Environment and life are interrelated. The existence of life on earth depends on the harmonious relationship between ecosystem and environment. 

Especially homo-sapiens have very close interaction with nature. Human beings are at the centre of concerns for sustainable development and that they are entitled to a healthy and productive life in harmony with nature.

In the long evolution of the human race on this planet, a stage has been reached when, through the rapid acceleration of science and technology, we have acquired the power to transform our environment in countless ways and on an unprecedented scale.

 Humanity's capacity to transform its surroundings, if used wisely and with respect to the ways of nature, can bring to all communities the opportunity to enhance the quality of life. 

Wrongly or heedlessly applied, or applied in iniquitous ways, the same power can do incalculable harm to human beings and their environment. 

We see around us growing evidence of human-caused harm in many regions of the earth the dangerous levels of pollution in water, air, earth and living beings; destruction and depletion of irreplaceable life forms and natural resources; major and undesirable disturbances in the earth's climate and protective layers; gross deficiencies, harmful to physical, mental and social health, in the living and working environments of humans, especially in cities and industrial complexes.

It is important to recognize our dependence on the earth's natural resources. Natural resources such as air, water, and land are fundamental to all life forms: they are, much more than money and economic infrastructure, the base of our survival. 

To large numbers of humanity, especially communities that have been termed. 'ecosystem people' (people depending on the natural environments of their own locality to meet most of their material needs), natural resources are the base of survival and livelihoods. 

Their material and economic sustenance largely depends on these. In India alone, around 70% of the population directly depends on land-based occupations, forests, wetlands and marine habitats, for basic subsistence requirements with regard to water, food, fuel, housing, fodder and medicine as also for ecological livelihoods & cultural sustenance. 

Given this close interdependence of humans and their environment, it is not surprising that the culture of societies is so greatly influenced by their environment. 

They seek inspiration, knowledge, spirituality and aesthetics within their natural surroundings. But it is not only 'ecosystem people' who are dependent on the natural environment. 

It is all humans, even the rich urban resident in Paris or Washington who may be under the delusion that s/he is buffered by the props of modern technology. In the growing cities of the industrializing world, millions of residents of all classes are now prone to lung and skin diseases, water-borne illnesses, and congenital abnormalities from toxics in their food and water, some of which may have originated hundreds of kilometers away.

Life and Environment: Life, livelihoods, culture and society, are fundamental aspects of human existence - hence their maintenance and enhancement is a fundamental human right.

 Destruction of environment and thereby of the natural resources, is therefore, a violation or leads to the violation of human rights - directly by undermining the above aspects of human existence, or indirectly by leading to other violations of human rights, for example through social disruption, conflicts and even war. 

Conversely, human rights violations of other kinds can lead to environmental destruction, for instance, displacement by social strife/war can cause environmental damage in areas of relocation; or breakdown in sustainable common property management. 

The manifestations of such violations present themselves through a loss of access to clean air and water; loss of access to productive land; loss of energy sources and biomass; loss of food and health security; social and economic marginalization; and physical displacement. 

Several hundred million people have been increasingly forced to live far below the minimum levels required for a decent human existence, deprived of adequate water, food, clothing, shelter and education, health and sanitation. 

Development, which was supposed to alleviate such problems, has often increased them, especially by allowing the powerful sections of society to appropriate the natural resources of poor and resource-dependent people.

Environment and Indian Constitution: The backbone of these is relevant provisions in India's Constitution. The Constitution of India, 1950, did not include any specific provision relating to environment protection or nature conservation. 

Presumably, the acute environmental problems being faced now in the country were not visualized by the framers of the Constitution. 

However, the past five decades have witnessed two major developments in this connection. The first development took place when the Constitution (Forty-second Amendment) Act, 1976, was adopted in the mid -seventies. 

Specific provisions relating to certain aspects of the environment, more especially for the protection of the forests and wildlife in the country, were incorporated in Part IV- Directive Principles of the State Policy - and List III - The Concurrent List - of the Seventh Schedule of the Constitution. 

As a result, the Constitution has now the following provisions specifically relating to environment protection and nature conservation: Part IV: Directive Principles of State Policy (Article 48A): Protection and improvement and safeguarding of forests and wild life: The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country. Part IV-A: Fundamental Duties (Article 51-A): It shall be the duty of every citizen of India - (g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures. 

Seventh Schedule (Article 246) List III - Concurrent List Item no. 17 Prevention of cruelty to animals, Item no. 17A Forests, Item no. 17B Protection of wild animals and birds.

 Article 21 and Right to Pollution free environment: The second major development has been the jurisprudence arising from certain remarkable judicial pronouncements in recent years, more specially relating to Article 21 of the Constitution dealing with 'the right to life'. 

If one is asked which is the most important of all the articles in the Indian Constitution, one can only say - Article 21, which says no persons shall be deprived of his life and liberty - which is the guiding light of India.

 All the other articles are subservient to this. In other words all articles have been formulated for keeping up this theme song of the Indian Constitution — 'life and liberty' — no person - not just a citizen — no person in India shall be deprived of life and liberty. It is not included as a mere platitude because over the years this article, which was a throbbing article, which was the most dynamic of all articles gathered flesh and with the help of Article 21 - the life and liberty of individuals are protected. 

Article 21 is the celebrity provision of the Indian Constitution and occupies a unique place as a fundamental right for the people of India. It protects the life and personal liberty. 

It envisages and aims that no person shall be deprived of his life or personal liberty except to a procedure established by law. Here, right to life includes right to health, right to food, right to pollution free environment, etc. In simple words, Article 21 provides an inbuilt guarantee to a person for right to live with human dignity.

Article 21 of the Indian Constitution states: 'No person shall be deprived of his life or personal liberty except according to procedures established by law.' Article 21 is the heart of all other fundamental rights. Article 21 has very expansive scope and has immense content into of with lesser words. Law is never still, it is ever evolving and ever changing accordingly to meet the challenges of time. 

Therefore constitution provisions, especially fundamental rights and in particular Article 21 has been broadly construed by the judiciary. The court attempted to expand the reach and ambit of Article 21 rather than accentuate their meaning and content by judicial construction. 

Thus the judiciary broadened the concept of life, extended the scope of personal liberty so as to include within itself all the varieties of rights which go to making the personal liberties of man. Basic principles were compiled to understand procedure established by law. 

The judiciary has resolved most of the environmental cases where they considered right to good environment as fundamental for life and upheld as fundamental right. Thus we can consider article 21 as mandate for life saving environment.

 This article focuses on some of the landmark cases that have a bearing on the person's right to life and right to pollution free environment. The constitution makers themselves construct the fundamental rights in its broad sense especially to right to life. 

The Supreme Court of India has given essence to the right so that every person can enjoy life to its fullest extent. The Indian Supreme Court came out of the shackles of mechanical and rule bound justice and provided impetus to the expanded horizons of the fundamental right to life and personal liberty guaranteed in Article 21. 

Two methods are used by Supreme Court to strengthen Article 21 and to interpret unenumerated rights under Article 21, it required laws affecting personal liberty to pass the tests of Article 14 and 19 of the constitution, there by ensuring that the procedure depriving a person of his or her personal liberty be reasonable, fair and just. The court recognized several matriculated rights that were implied by Article 21.

 

It is by this method the Supreme Court interpreted the right to life and personal liberty to include the right to wholesome environment and all other rights. 

Thus Courts have undertaken to explicate the development of ideology of environment as being part of the right to life by various judicial pronouncements. 

 The judicial craftsmanship attempted to expand the reach and ambit of Article 21 rather than accentuate their meaning and content by judicial construction.

 Thus the judiciary broadened the concept of life. Thus extended the scope of personal liberty so as to include within itself all the varieties of rights which go to make the personal liberties of man.

 Right to life extended its scope to include right to wholesome environment and right to sustainable development. Indian democracy wedded to rule of law aims not only to protect fundamental rights of its citizens but also to establish an egalitarian order. 

Law being an instrument of social engineering obliges the judiciary to carry out the process established by it. Environmental deterioration could eventually endanger life of present and future generations.

 Therefore, the right to life has been used in a diversified manner in India. It includes, inter alia, the right to survive as a species, quality of life, the right to live with dignity, right to good environment and the right to livelihood.

 In India, these rights have been implicitly recognized as constitutional rights. The right to healthy environment has been incorporated, directly or indirectly, into the judgments of the court. 

Thus it is clear that article 21 has a multidimensional interpretation. Any arbitrary, whimsical and fanciful act on the part of any state, depriving the life or personal liberty would be against Article 21 of the Indian constitution.