PROTECTION OF RIGHT TO ENVIRONMENT AS A BASIC HUMAN RIGHT - A JUDICIOUS CONCERN

Abstract

           Earth is perhaps the only planet where living organisms and creatures exist.  It embraces in its various forms of life in soil, air, and water created billions years ago, of which man too is an integral part.  Many people do not have access to clean air, drinking water and experience health problems due to the increasing pollution.  Human rights and environment are inter-related, inter-connected, and mutually responsive. Everyone likes to live in a healthy environment, which is basic human right. The growing menace of environmental pollution is a formidable challenge to the human race since it affects the lives of billions of people all over the globe in the form of  depletion of ozone layer,  acid rains, global warming, climate change etc.,.  This article seeks to analyse the efforts made at International and National level to accord the right to clean environment the status of human right. In Municipal Council, Ratlam versus Shri Vardhichand and others AIR 1980 SC  at page 1622 case, the Supreme Court of India, followed the activist approach and provided flesh to dry bone of Statutory provisions and the right to environment was given a human rights status.   The judiciary has managed to increase the ambit of Article 21 of the constitution of India, through various judicial pronouncements, to include the Right to healthy and clean environment to be a fundamental right under right to life.