Right to Clean Environment: A Constitutional and Legislative Perspective

The right to life has been recently viewed in different perspectives which includes, the right to survive as a species, quality of life, the right to live with dignity and the right to livelihood. But with the growing concern over environmental degradation which is affecting life all over the globe, many countries have recognised the right to clean environment as a part of right to life. In light of this, the Supreme Court of India has interpreted the right to life under article 21 as including the right to a clean environment. All these have been analysed with reference to Article 48-A and 51A (g) and various Acts relating to protection and conservation of environment. However, despite having constitutional provisions and legislative enactments, our environment is degrading day after day. Further, many emerging issues are also posing challenges to our environment. So here in this paper an analysis of constitutional provisions and various Acts in light of international conventions would be made to see how environmental issues have been dealt with. Further, an analysis of the lapses in enforcement of these laws would be made by analysing various cases. The paper also attempts to provide possible solutions/ suggestions to mitigate the environmental problems.