ENVIRONMENTAL DISPUTE SETTLEMENT AND ARTICLE 21 OF INDIAN CONSTITUTION
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Keywords:
Right to life, right to pollution free environment, state responsibility, forestAbstract
Environmental protection can be done with the help of implementation of various provisions of environmental statutes available in India. However, because of lack of declaration of right to pollution free environment as a statutory right, the Indian courts struggled to find out that how this right, if not within any statute in India, at least can be brought within the purview of Article 21 of Indian Constitution. The struggle ended in the year 1991 with the decision of Subash Kumar case and was further nurtured in number of subsequent cases. The Supreme Court of India became proactive to protect this right to pollution free environment as fundamental right and settled many environmental disputes while analysing Article 21 of the Indian Constitution. The present article, aims to analyse the situation that how it was necessary to incorporate the right to get pollution free environment within the scheme of Article 21 of Indian Constitution successfully and by this declaration the environmental disputes settlement will became easy and effective.
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