Right to Healthy Environment in India: A Judicial Perspective
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Environment and environmental rights, play a fundamental role in human life and also help in developing the values for the protection of environment. Entire life on the earth can survive with the protection and improvement of the environment and in this way right to environment has emerged as a human right. The Supreme Court and the High Courts in India have played a distinguishing role in expanding the scope of a meaningful life by applying various issues of environmental protection, resulting to that the activities posing threat to the natural resources were shortened. The judiciary in exercising the power of judicial review and developing the concept of judicial activism and by using the weapon of PIL have protected the individual's inherent right to wholesome environment as a fundamental right under Art. 21 of the Indian Constitution. Art. 21 has been trusted in a number of cases as a great tool by way of interpretation, and specifically certain cases have given a wider perspective of the Right to life. The right to live in healthy environment, including right to clean and safe drinking water, fresh and clean air etc., is continuing to gain recognition. This paper tries to discuss diverse ingredients of Indian environmental jurisprudence. Analytical method of research has been followed in this piece of research. Focus has also been given on the judicial experiences in the development of right to healthy environment as a fundamental right under Art. 21. The efforts of various scholars and researchers are also in purview of this work.
Scholarly Research Journal for Humanity Scienceand English Language