Environment a Human Right

In: Other Topics

Submitted By rashni
Words 4944
Pages 20
Environmental Protection - Recognizing the human right
Pursuit to save the environmental life.

Rashmi Shukla (Author) and Titiksha Shrivastava (Co-Author)
09/25/2012

Rashmi Shukla1 Titiksha Shrivastava2
Environmental Protection: Recognizing the Human Right
Human rights, these are the basic fundamental rights guaranteed to every human under the Universal Declaration of Human Rights and rights guaranteed to every citizen of India under the constitution of India. Article 21 of the India constitution has often been referred to as the spirit of Indian constitution, the article states that “Nobody shall be deprived of his Right to life and personal liberty except by the procedure established by law”. Prima facie the Article seems to be very concise but through various precedents and judicial dictions the Indian judiciary has recognized various facets pertaining to the article.
The article briefly explains the duty of State to provide safe and healthy environment to its citizens as the part of Directive Principle of State Policy provided under Article 36-51 of the Indian Constitution.
This paper seeks to marginalize the relation between human rights and Environmental protection by seeking the relation between environment and its effect on human life. The paper also adjudicates the same on the basis of legal dictions given on the same in famous precedents like M.C.Mehta case, Bhopal Gas Tragedy and the recent developments in the sphere through formulation of National Green Tribunal, Western Ghaats Environment and Ecology Panel. It also discuses India’s stand in the Global scenario in recognizing right to safe environment as the basic human rights through treaties and…...

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