Open Access Research Article
EXPLORING THE INTERPLAY BETWEEN DEPLETING ENVIRONMENTAL CONDITIONS UPON HEALTH: A SPECIAL EMPHASIS ON INDIAN CONSTITUTION BY: MANIKA BALIYAN & DR. RAMA SHARMA
Published Paper
Article Details
EXPLORING
THE INTERPLAY BETWEEN DEPLETING ENVIRONMENTAL CONDITIONS UPON HEALTH: A SPECIAL
EMPHASIS ON INDIAN CONSTITUTION
AUTHORED
BY: MANIKA BALIYAN
Research
Scholar
Gautam
Buddha University, Greater Noida, Uttar Pradesh
Contact
Number: 8954597654
And
CO-AUTHOR:
DR. RAMA SHARMA
Assistant Professor
Gautam Buddha University
Contact Number: 9990580111
Abstract
Environment has become one of the most debatable topics recently. Our
Indian Constitution too provides for certain mandates that pertains to
environment has also become one of the most concerned subjects because of the
increasing pollution levels. The rising pollution is affecting all the life
forms on the planet. Article 21 of the Indian Constitution is the most
significant Article as it forms a bridge between the Environmental law and the
fundamental law of the land i.e. the Indian Constitution. The Article, through
various decisions of the Hon’ble Supreme Court has been interpreted as a
fundamental right of the citizens to live in a healthy environment. Also an
analysis of how environmental degradation in various forms are causing numerous
diseases has been mentioned.
KEYWORDS:
Environment, Constitution, Health, Diseases, Judgments.
PRELIMINARY
DETAILS
A. AIMS & OBJECTIVES OF STUDY:
The main aim of the study is to analyse the constitutional mandates in
protection of the health, of the environment and its dependants. The detailed
aims are:
·
To learn about the constitutional
provisions dealing with environment and observe their effectiveness in the
protection of the health of the biosphere.
·
To study the problems on human and
animal health that arise due to the deteriorating condition of environment.
·
To study and analyse the concept of
Right to Wholesome Environment in detail and to see how efficiently it is being
implemented.
B. RESEARCH PROBLEM
The health of environment is deteriorating day by day which is directly
affecting human and animal health, causing numerous diseases. Article 21 has
been interpreted by Judiciary as a protection towards a healthy environment.
Therefore, through this paper the depleting condition of environment and its
effect on the health of those dependent upon it have been dealt in detail.
C. RESEARCH QUESTIONS
a. What
are Constitutional provisions with regards to the protection of environment?
b.
How effective are Constitutional
mandates in the protection of environment?
c.
What all problems are associated with
health due to depletion of environment?
d.
What is Right to Wholesome
Environment and how effectively it’s being applied in the protection of health
of the biosphere?
D. HYPOTHESIS
The
depleting condition of environment is a burning issue worldwide and numerous
steps are being taken towards its protection. In our country also the
legislature has played an efficient role in safeguarding the environment by
making various effective laws and even judiciary through methods like judicial
intervention and judicial activism had and is playing a pro-active role.
E. RESEARCH METHODOLOGY
The
research methodology followed in the study is doctrinal i.e. descriptive and analytical, with many of the researchers’
views interspersed throughout the project. Primary sources such as statues,
case laws and international norms have been used. Secondary sources such as
books, articles, news reports and websites have been relied upon.
F. DISTRIBUTION OF CHAPTERS
Chapter 1 (INTRODUCTION) has been written so as to introduce the term
environment and the constitutional mandates in protection of biosphere.
Chapter 2 (EFFECTIVENESS OF CONSTITUTIONAL MANDATES) deals in detail
about the efficiency of constitutional provisions in protecting health of
environment.
Chapter 3 (ENVIRONMRNTAL EFFECT ON HEALTH) deals with the health issues
on all life forms and even environment due to depleting environmental
conditions.
Chapter 4 (RIGHT TO WHOLESOME
ENVIRONMENT) deals with Article 21 in detail and how effectively it’s being
applied in various circumstances.
Chapter 5 (RECOMMENDATIONS) deals with certain suggestions that if
followed would help in improvising the health of environment along with the
health of other life forms.
Chapter 6 (CONCLUSION) consists
of conclusions that can be drawn from the research.
1. INTRODUCTION
The term “Environment”
includes air, water and land and the interrelationships which exist among and
between these basic elements and human beings and other living organisms.
Environment is a polycentric and multifaceted problem affecting the human
existence.[1]
However, in the present scenario the environment is being played with
certain harmful solid, liquid or gaseous substance is so discharged in the
environment that it causes nothing less than what is termed as “ENVIRONMENTAL POLLUTION”. It has become
a matter of utmost emergency that the environment must be protected because if
no step is taken towards environmental protection none life would be able to
exist be it plants, animals or humans.
The pollution so caused affects the health of all the life forms that
exist on the planet. The vehicular emissions, smoke from industries, use of
poly bags, water contamination, etc. all are harmful to the health of mother
earth and the health of life forms that exist on the planet.
Our Indian Constitution is also imbibed with certain mandates that
clearly provides for protection of environment from all the harmful ingredients
and also made it a duty upon the State to make the mother earth a better and a
healthy place to live in.
Certain provisions of the Indian Constitution are:
·
Article 14: The Article guarantees
“Right to Equality” to all persons and thus imposes a duty upon the State to
treat all matters pertaining to environment with equality.[2]
The principle is even recognised internationally.[3]
·
Article 19 (1) (g): The Article
guarantees “Right to Freedom of Trade and Commerce” and through various
judgments it has been held that the right is not an absolute one and is subject
to certain reasonable restrictions. Therefore, any trading practice that
hampers the flora and life forms on earth is regarded to infringe the
fundamental right.[4]
·
Article 21: The Article guarantees
“Right to life” which automatically implies that all citizens shall have a
Right to Wholesome Environment. Various Judicial pronouncements have
established the relationship between the Right to life and the Right to live in
a clean, healthy and unpolluted environment[5].
·
Article 48 A: The Article was
inserted by the 42nd Amendment 1976, in Part Iv of the Indian
Constitution. Through this Article a Constitutional imperative has been imposed
upon the State and its instrumentalities to take appropriate measures in the
protection, promotion and improvement of the environment.[6]
·
Article 51 A (g): The Article confers
upon the citizens of India a fundamental duty to protect and improve the
natural environment which includes forests, lakes, rivers and wildlife.
However, the scope of the fundamental duty is limited.[7]
2. EFFECTIVENESS OF CONSTITUTIONAL MANDATES
Constitution being the fundamental law of the land needs to be dynamic
as the society is of such a nature. Environmental issues had become a concern
since earlier times and after the Stockholm Declaration in 1972 a grave need
was felt to upgrade the Indian Constitution to th changing environmental
demands and thus, through the 42nd Amendment in 1972 two Articles
namely Article 48 A and 51 A (g) were inserted.
India is also the first country which added environmental mandates in
its Constitution. So as to enforce the Constitutional provisions effectively
many legislations have been passed by the legislature like the Water
(Prevention and Control of Pollution) Act, 1974, The Air (Prevention and
Control of Pollution) Act, 1981 and The Environment (Protection) Act, 1981.
Legislature through these laws and even working upon the international
obligations have proved itself to be working in an efficient manner.
The Judiciary is even playing a significant role in improvising the
environment by judicial pronouncements when any case is filed under Article 32
and 226 of the Indian Constitution[8].
Trough Judicial activism the courts have developed various concepts like the
Doctrine of Sustainable Development, Public Trust Doctrine, Principle of
Inter-generational equity, Polluter Pay Principle[9]
and many others.
In the present era the rising pollution is a contribution of several
factors, which affects both the flora and fauna and even health of all.
Therefore, taking into consideration all the provisions of the Indian Constitution
with regards to environment are very apt as they recognize the right to health
and Right to Wholesome environment a fundamental right and even casts a
responsibility upon the State making it obligatory to work for improving the
health of the citizens.
3. ENVIRONMENTAL EFFECT ON HEALTH
When pollutants are released in the environment tremendous damage is
done not only to the ecology but to human and animal health. The pollutants so
released results into global warming, contaminated seafood, increase in the
cases of respiratory diseases, heart diseases, affects skin and eyes that are
exposed directly to the atmosphere and many more.
AIR POLLUTION
EFFECTS
·
The toxic chemicals that are released
into the atmosphere finally settles on to the plants and the surface of the
water making them of poisonous nature, some plants even dries up due to harsh
chemicals that settles upon them. The animals intakes such plants and water
resulting in the absorption of the toxic chemicals. This is how the poison
enters into the food chain ultimately trapping both plants and animals.
·
The emission of Chlorofluorocarbons
(CFC’s), release of Carbon Dioxide and other harmful gases causes global
warming which in turn raises the temperature of the earth making it warmer.
·
The particles that are present in air
and which are poisonous in nature goes inside the human body and usually causes
drastic damage to heart. Thus, with the increasing rate of pollution the number
of heart related diseases have just increased.
·
Air pollutants are mostly carcinogens
and the industrial areas are more prone to such air that consist of such
particles. Such pollutants increases the risk of cancer which is more or less
an incurable disease.
·
Even large exposure to air causes
respiratory diseases like asthma, pulmonary cancer, Mesothelioma, Leukaemia,
neurological problems, birth and immune system defects, decreases in lung
function and many more such health-related issues. In short, air pollution had led
many people to the death bed.[10]
WATER
POLLUTION EFFECTS
·
Marine life is the most affected by such pollution as
it kills various species and due to this reason various species are endangered.
Humans are also affected because they consume the marine species along with the
poison.
·
Human contact with beaches causes rashes, hepatitis,
diarrhoea, encephalitis, stomach aches, vomiting’s and many other such skin and
digestive diseases.
·
Contaminated water that is rich in chemicals like
lead, pesticides, hydrocarbons, etc. causes reproductive problems in females
and also causes damage to the nervous system, liver and kidney.
·
Polluted water that consists of industrial pollutants
may also cause cancer and may even result in the death of an individual.
·
Certain diseases that are commonly associated with
drinking polluted water are amoebiasis, typhoid, hookworm, etc…
LAND
POLLUTION EFFECTS
·
The toxic material that pollutes the
soil enters into the human and animal body directly by eating fruits and
vegetables that are gown on the polluted land as they absorbs the toxic
particles along with the nutrients of the soil. Such fruits and vegetables are
then consumed by humans ultimately affecting their health.
·
The landfills that bear the waste
from the rural or urban areas produce a foul smell and act as a breeding ground
for various infecting bees and flies and even rodents like rats, mice and
insects which in turn causes diseases. Many of the landfills are even burnt causing
further air pollution.
·
Various toxic chemicals that are
found in pharmaceuticals, fertilizer and pesticide industries also have harmful
effects on human health.[11]
·
Deforestation is one of the major
causes of land pollution as it destroys habitats of various species and even
hampers the ecosystem. The soil becomes fully exposed to soil erosion,
acidification and leaching.
·
Diseases that are associated with
land pollution are both long term and short term. Certain longterm diseases are
cancer, nervous system damage, neuromuscular damage and even damage to liver
and kidney whereas the shortterm diseases are headache, nausea, chest pain,
skin rashes and irritations.
4. RIGHT TO WHOLESOME ENVIRONMENT
The right to life given under Article 21 of the Constitution of India
includes the right to live in a healthy environment. The state cannot deprive a
person of his life or personal liberty without due process of law, because
‘life being dependant, in the ultimate analysis upon health, which is inherent
in the constitution and is duly recognised as a right to a healthy environment.[12]
The scope of Article 21 is very wide and comprehensive, the right would
have become meaningless if it would not have contained any such elements that
enhances the quality of life as a right to clean, humane and healthy
environment. However, this has only been possible because of various judicial
pronouncements, the courts have readily relied on the right to equality to life
by removing environmental hazards by means of Judicial Activism.
The higher judiciary in several cases have insured the Right to life to
be inclusive of the Right to Wholesome environment. Some of the cases are:
In the following case the court observed that the Right to life
guaranteed by Article 21 includes the right of enjoyment of pollution free
water and air for full enjoyment of life. Through this case for the first time
the court recognised the Right to Wholesome environment as a part of the
fundamental right to life.
In this case it was clarified by the court that “any disturbance of the
basic environment elements, namely air, water and soil, which are necessary for
‘life’ would be hazardous to ‘life’ within the meaning of Article 21 of the
Constitution.”
The Supreme Court in this case declared that material resources of a
community like forests, tanks, ponds etc. are nature’s bounty. They maintain a
delicate ecological balance and need to be protected for proper and healthy
environment which enables people to enjoy a quality of life which is the
essence of the guaranteed right under Article 21 of the Constitution.
The power of the Supreme Court under Article 32 of the Constitution is
“injunctive” as well as remedial in nature to grant relief and it extends to
wide range of situations to effectuate the fundamental rights under Article 21
and prevent environmental degradation. According to a committee, appointed by
the court, miming of limestone in certain areas was found dangerous and
damaging ecological balance.
This case for the first time brought into sharp focus the conflict
between development and conservation and serves to emphasise the need for
reconciling the two in large interest of the country.
Thus, the Indian Judiciary has expanded the scope of Article 21
drastically. The expression life assured in Article 21 of the constitution does
not connote mere animal existence of continued drudgery through life, it has a
much wider meaning which includes right to livelihood, better standards of
life, hygienic conditions in workplace and leisure[17].
Such innovative approach would prevent the further deterioration of the
environment in India and would even punish the people harming the environment[18].
Also the courts have laid down the principle of compensation for the damage
caused to the environment and those affected by it.[19]The
term Right to clean environment is not only restricted to human beings but also
to other animate and inanimate objects of the environment. By this we can
conclude that Right to Life is incomplete without Right to Wholesome
Environment.
5. RECOMMENDATIONS
·
Such products should be brought that
comes in reusable packaging, for example such containers that can be reused and
recycled as it would reduce land pollution.
·
Non-usage of poly bags as they are of
non-degradable in nature because they do not degrade in soil and even materials
kept in poly bags are not healthy for humans to be consumed. The stray animals
sometimes also intakes such poly materials.
·
Saving paper by not misusing them as
they are made by the pulp of the trees and even sending the used paper for
recycling. This is the most essential step that needs to be taken as if it is
followed it would save number of trees from felling down.
·
Consuming less automobile fuels like
petroleum and diesel so that air pollution can be reduced which in turn would
reduce the number of air borne diseases. Air borne diseases kills number of
people every year.
·
Car-pooling should be encouraged in
offices, colleges and even amongst neighbours as it would reduce automobile
fuels which would then reduce the air pollution, preventing injuries to
environment and the life forms.
·
The trees and forests should not be
felled for unreasonable reasons as it would lead to less of fresh air resulting
in the increase of polluted air, which no doubt causes health issues to the
humans and animals. Even land pollution increases when deforestation occurs.
·
More factories for recycled goods need
to be established and the use of recycled goods should be promoted as it would
reduce the consumption of raw materials that are derived from nature and also
the leftover of the reused products would be utilised efficiently.
·
Such products should be taken into
usage that are environmental friendly. “Ecolabelling” is a voluntary method of
environmental performance certification and labelling of environment friendly
products.[20]
6. CONCLUSION
Thus, it can be aptly concluded after the thorough research that the
Constitutional mandates are apt and sufficient in protecting the environment.
Our fundamental law has sufficient provisions and even the specific
legislations that are made are effective in protecting the environment. But,
the major cause as to why the pollution still remains is due to the act of
people themselves and not due to the lack of policies in the State governance.
The health problems caused are grave in nature and needs to be checked upon.
Therefore, it’s a firm belief that if the focus shifts more upon to awareness
campaigns than towards environmental laws, the scenario would change
drastically.
It was held that the exclusion of a particular
class of grazers from consideration and inclusion of some on the ground that the excluded class was
indulging in illegal grazing is violative of Article 14 and invalid.
[3] Principle
1, Stockholm Declaration, 1972: “Man has the fundamental right to freedom,
equality and adequate conditions of life, in an environment of a quality that permits
a life of dignity and well-being…”
No one has a right to carry on business so as
to cause nuisance to society. One cannot carry on the business in a manner by
which the business activity becomes a health hazard to the entire society.
The
expression ‘life’ assured in Article 21 of the Constitution does not connote
mere animal existence of continued drudgery through life. It has a much wider
meaning which includes right to livelihood, better standards of life, hygienic
conditions in workplace and leisure.
Preservation
of environment and keeping the ecological balance unaffected is a task which
not only governments but also every citizen must undertake. It is a social
obligation and let us remind every citizen that it is his fundamental duty as
enshrined in Article 51 A (g) of the Constitution.
A PIL can
be brought by any public-spirited person, who may not be an aggrieved person,
for a common cause or against any activity or conduct which adversely affects
the public at large or group of persons.
According
to Cornell University study, air pollution from smoke and various chemicals
kills 3 million people a year.
[11] Mahdi Balali Mood, Kobra Naseri,
Zoha Tahergirabi, Mohammad Reza Khazdair and Mahmood Sadeghi, Toxic
Mechanisms of Five Heavy Metals: Mercury, Lead, Chromium, Cadmium and Arsenic,
Frontiers Pharmacology 1,1 (2021).
Chemicals
such as chromium, cadmium, asbestos, arsenic, cyanide and mercury, usually
found in waste from pharmaceuticals, fertilizer and pesticide industries also
have harmful effects on human health.
[12] E.F
Roberts, ‘The right to a decent environment: A premature construct’,
Environment Policy and Law, vol 1, 1975-76, p. 185.
The Supreme Court in this case
held that the redemption of the damaged environment is part of the process of
“sustainable development” and as such polluter is liable to pay the cost of the
individual sufferers as well as the cost of reversing the damaged ecology.
The Supreme Court while
determining an important question as to the amount of compensation payable to
the victims affected by leakage of oleum gas from the factory held that it
could entertain a petition under Article 32 of the Constitution and it could
lay down the principles on which the quantum of compensation could be computed
and paid. The court in this case evolved the principle of absolute liability to
pay the compensation for the violation of fundamental rights. The court also
stated that that the right to life also contains the right to claim
compensation. This case is significant as it evolved a new jurisprudence of
liability towards the victims of pollution caused by the industry engaged in
hazardous and inherently dangerous activities.
Article Information
EXPLORING THE INTERPLAY BETWEEN DEPLETING ENVIRONMENTAL CONDITIONS UPON HEALTH: A SPECIAL EMPHASIS ON INDIAN CONSTITUTION BY: MANIKA BALIYAN & DR. RAMA SHARMA
Authors: MANIKA BALIYAN, DR. RAMA SHARMA
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/03/08
- Issue 7
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International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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