Author: Kanak Chaudhary,Christ (deemed to be) University, Bangalore

Introduction

The right to a healthy environment is at the heart of the right to life. It is closely linked to the right to clean drinking water and the right to health, forming a vital foundation for human well-being. This right also plays a crucial role in safeguarding nature, highlighting our collective responsibility to protect flora and fauna. While the United Nations has long recognized and supported this right, it was formally established as a global human right during the Stockholm Conference, which is often called the Magna Carta of the human environment. Though the Indian Constitution of 1950 doesn’t explicitly mention the right to a clean and healthy environment, it doesn’t diminish the importance of environmental protection and preservation. However, under Article 21 (Right to life) of the Constitution of India, the right to a clean and healthy environment is incorporated as a Fundamental right under Part III of the Constitution. It states that “No person shall be deprived of his life or personal liberty except according to procedures established by law.” If we talk about the generation of rights, then the right to a clean and healthy environment will fall into the category of third-generation rights. In this category, we can think of solidarity rights, rights that cannot be claimed by an individual alone, but require collective action, such as environmental rights. These rights represent a form of positive discrimination, as environmental laws ensure that social groups can live in a clean and healthy environment, free from harmful elements. At the same time, these laws may impose certain limitations on first and second-generation rights, like the right to own a forest or the right to work, balancing individual freedoms with the collective good. 

It’s important to recognize that the discussion around the ‘right to a clean and healthy environment’ doesn’t stop there. In today’s world, it has become an integral part of our everyday lives, deeply connected to our well-being and future. India’s Supreme Court recently said that living in a pollution-free environment is a fundamental right and requested authorities to control the deteriorating air quality in the northern part of India, mainly Delhi. India’s capital, Delhi, recorded a “very poor” air quality index of 364 on Wednesday, according to the Central Pollution Control Board, which considers readings below 50 to be good. Swiss group IQAir rated Delhi the world’s most polluted city in its live rankings.

Analysis of ‘Legal Rights’ 

One of the very first aspects of such an analysis is that it qualifies as a legal right from the viewpoint of the famous scholar, Salmond. According to Salmond in his famous work ‘Salmond on Jurisprudence,’ a right is an interest recognised and protected by a rule of right (a judicially enforceable law). It is any interest, respect for which is a duty, and the disregard of which is a wrong. A demarcation between legal and moral rights is further drawn by Salmond, who also highlights that if something is rightfully mine, then I have a right to own it. All rights are those of the person for whose benefit they exist, and all wrongs are those of the person whose interests they affect.

 According to this, the very first aspect, recognition and protection by law, has been fulfilled. In many jurisdictions, the right to a clean and healthy environment is guaranteed by their constitutions and recognized as a fundamental right. In India, under Article 21 of the Indian Constitution has been judicially interpreted to include the right to a healthy environment as part of the right to life and personal liberty. Moreover, International instruments such as the Stockholm Declaration (1972) and the Paris Agreement (2015) emphasize environmental protection as a critical right. This recognition satisfies the first criterion set by Salmond. It is argued that, to the extent of this characterisation, right to clean and healthy environment may be jurisprudentially recognised as ‘legal rights’ as it imposes duties on individuals, corporations and governments because governments are obligated to implement regulation and promote sustainable development, corporations are required to comply with environmental standards to prevent pollution and individuals have a duty to refrain from actions that harm an environment but not legally enforceable on individuals. Lastly, Environmental rights violations, such as pollution, deforestation, or unlawful industrial emissions, are frequently seen as legal wrongs. Environmental laws that ban such actions and offer remedies to impacted persons or groups include the Clean Air Act in the United States and the Environment Protection Act, 1986 in India.

It’s important to note that while Salmond’s primary definition of a ‘legal right’ is largely met, the five key elements he outlined for a legal right have not been fully satisfied in this case. Mainly, it avails against a person, upon whom lies the correlative duty, but in this right, there is no correlative duty on another person to protect the environment. Although, Article 51A(g)It is the duty of every citizen to preserve and protect the environment. It states, “It shall be the duty of every citizen of India to protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.” However, this is not a legally enforceable duty on the individuals, as you cannot claim this before the court of law. 

Conclusion

Analysing the right to a clean and healthy environment through the lens of jurisprudence reveals an interesting perspective. While it may not fully align with Salmond’s definition of legal rights and their elements, the Supreme Court has affirmed that the right to a pollution-free environment is a fundamental right. This underscores the essential connection between living in a clean and healthy environment and the broader right to life. Keeping our environment clean and healthy isn’t just the government’s responsibility; it’s a shared duty of every citizen. In essence, a clean and healthy environment is a fundamental human right that belongs to all. However, the growing disregard for nature and environmental degradation caused by human indifference has taken a serious toll on public health, highlighting the urgent need for collective action and awareness.