This article discusses the concept of the Right to Life and it's reliability to the Environment.

1. National Conference on Climate Change- Environmental Law and Management
Sub Theme- II​- Impact of Climate Change on Life, Health, Food, Standards of Living,
Human Rights, and Fundamental Rights- National Policies and Laws.
THE RIGHT TO LIFE AND THE ENVIRONMENT
Mir Mustafa Ali Hasan
Abstract
It is real, it is proved and it is happening.
The reality of Climate Change is undeniable and cannot be pushed away any further. We live
in a time where the existential threat to humanity is not war but is the change in climate
affecting seven billion people of the world and throwing them vulnerable to high
temperatures and changing weather patterns. From man-made to natural ecosystems everyone
faces a threat of unprecedented change and disruption. The Inter-Governmental Panel on
Climate Change (IPCC) has predicted a rise of 1.5 degrees Celsius in global temperatures.1
There isn’t a deficit of laws or awareness; there is a deficit of action.
Climate Change does affect you, even if you live in an urban society or are nestled in a rural
place. Climate Change matters to the rich and to the poor tool. It is a global phenomenon. The
13​th
Sustainable Development Goal of the United Nations says Climate Change is vital to be
tackled to achieve a sustainable earth by the year 2030. Article 21 of the Constitution of The
Republic of India enshrined the right to life guaranteed to every citizen of the Republic, this
includes the right to clean air, water, and a clean and healthy environment. The deficit of
action and accountability of climate change has resulted in the violation of one of the most
basic principles of the Indian Constitution.
This in general, is the phenomenon happening in every country that denies the change in
climate and the rapidly developed world we live in now. The Constitution doesn't exactly
address the issue of Climate Change or doesn't recognize the importance and need of a
Climate Emergency. The absence of a provision of declaring a Climate Emergency or the
Right to a Clean Environment are clear examples of how India lacks basic rules and codified
laws for the promotion of the conservation of the environment.
Countries and their citizens have started to act and if India doesn't act now, we will be in
grave danger.
1
Inter-Governmental Panel on Climate Change (IPCC) Special Report Global Warming of 1.5 ºC

2. Introduction to the Right to Life
The basic doctrine of the Constitution guarantees the Right to a free and safe life for all
residents of India. Justice VR Krishna Iyer has visualised Article 21 as “​the procedural
magna carta protective of life and liberty.” ​At another instance Justice Bhagwati, Article 212
of the Constitution of India​“embodies a constitutional value of supreme importance in a
democratic society.” ​These two statements underline the significance that this particular3
Article holds in India.
The Article states:
“No person shall be deprived of his life or personal liberty except according to procedure
established by law.”4
Inspired by the England’s (now The United Kingdom of Great Britain & Northern Ireland)
Bill of Rights adopted in 1689, France’s Declaration of the Rights of Man and the Bill of
Rights adopted by the United States of America.
Fundamental Rights were considered vital for the development and enhancement of the
personality of every person and to preserve and promote the human dignity of every
individual and that’s how they found themselves a place in our Constitution. The drafters of
our constitution regarded democracy of no use, if civil liberties, like freedom of speech,
religion and life were not recognised and protected by the Government.
They believed, democracy is, in essence, a government by opinion and therefore, the means
of formulating public opinion should be secured to the people of a democratic nation. For this
reason, the constitution guarantees to all the citizens of India the freedom of speech and
expression and various other freedoms in the form of the fundamental rights.
The Right to Life was time and again subjected to various objections and clarifications, as it
doesn’t divulge the definition and scope of life and personal liberty, at once instant, life can
be measured as the life of a human being physically and that’s all. But the right to a healthy
life is not guaranteed by the Constitution has excludes the importance of a healthy and clean
environment and all the components of a clean environment which have to be guaranteed by
the government in order to provide and live up to the basic right of life granted to every
citizen of India.
2
​1980 AIR 856, 1980 SCR (2) 873
3
1981 AIR 746, 1981 SCR (2) 516
4
The Constitution of India, 1949
2

3. Present provisions in regard to the Environment in India
War, Famine or Terrorism has always been considered as the most disruting force endowned
by humans, but there is something more challenging to tackle and more devestatating.
Environmental Degradation is the biggest, most urgent problem that humans need to solve.
Environmental Degradation is the excessive exhaustion of Earth’s resources . In India,5
Environmental Degradation has taken place due to urbanization, irresponsible usage and
weak laws.
The Constitution in various places has stated the importance to conserve nature and the need
to preserve the natural heritage of our country. A Fundamental Duty of every citizen of India
is to protect the environment and it’s incumbent on every Indian to abide by it. Article 51A
(g) states:
“To protect and improve the natural environment including forests, lakes, rivers and wildlife,
and to have compassion for living creatures;” 6
At the same time, the Environment remains a focal point of responsibility that rests on the
government, and at various instances the government has taken upon itself to pass and adopt
laws to improve the environmental situation in India.Intergovernmental Tified the United
Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol. In
addition to the 1972 Stockholm Protocols. As a member state of the United Nations, it is
expected to work effectively towards achieving the Sustainable Development Goals of the
United Nations.
The National Green Tribunal Act, 2010, The Air (Prevention and Control of Pollution) Act,
1981, The Water (Prevention and Control of Pollution) Act, 1974 , The Environment
Protection Act, 1986 are a few of the important legislations enacted by the Central
Government to tackle the rapidly evolving crisis. ​Nature has endowed us with the resources
needed for survival and a prosperous life, this casts a duty upon everyone to preserve and use
wisely, the limited resources left. Hence, the principle of intergenerational equity plays a vital
role in environmental protection. In addition to these laws, India has actively participated in
the ​Paris Agreement under the United Nations Framework Convention on Climate Change
and is slowly moving towards reducing the 6.8% of global emissions that it emits every year.7
The Indian Constitution states that improving public health is a part of the Directive
Principles of State Policy. The Parliament passed the Environment (Protection) Act, 1986 as
an omnibus legislation empowering the Central Government to take measures and protect and
improve the quality of environment and to control and abate environmental pollution.
5
Oxford Dictionary
6
The Constitution of India, 1949
7
​Inter Governmental panel on Climate Change (IPCC) Special Report for the UNFCCC
3

4. It also created the National Green Tribunal, under the National Green Tribunal Act 2010, for
the more effective enforcement of legal rights connected to the environment. ​Since adopting
the Kyoto Protocols, the Central Government has implemented various initiatives to tackle
Climate Change.
The Crux of the Government’s initiatives is the National Action Plan on Climate Change
(NAPCC). Action under NAPCC are premised on the principle of sustainable development,
which for the reason of climate change means fostering growth, while simultaneously
minimizing greenhouse gas emissions among achieving other such goals.The NAPCC
addresses the urgent and critical concerns of the country through a directional shift in the
development pathway. The NAPCC identifies measures that promote India’s objectives set
for development, while yielding benefits for addressing Climate Change.
The core of the NAPCC approach is the creation of eight national missions representing
“​multi-pronged, long-term and integrated strategies” for achieving key goals in the context
of climate change The NAPCC and domestic climate policy received detailed attention in the8
Twelfth Five Year Plan (2012–17) document of the erstwhile Planning Commission, which
emphasised that ​“Climate Change concern should permeate all processes of planning in the
long term for any mission to succeed, it must have separable objectives, dedicated
implementation machinery and adequate funding”9
As a document with certain normative goals, including, a co-benefits approach that stresses
on the synergies between climate response and development needs, the NAPCC forms a
useful starting point in India’s climate change policy narrative. However, as pointed out in a
detailed evaluation, the NAPCC approach is ​“too broad and lacks specificities” , some10
missions have quantified mitigation targets while others are purely adaptive, and while the
solar and energy efficiency missions are considered successful, the mission-mode approach
for dealing with cross-cutting subjects has not worked.
Unfortunately, the Twelfth Five Year Plan’s recommendation for comprehensive climate
policy integration across sectoral planning in India has not materialised. There is a need to
revisit the NAPCC in order to decisively re-assess and reformulate the climate policy in
India.
The characterisation of India in the international climate landscape, as a minor contributor to
past emissions, but a significant contributor to future emissions, albeit not on a per capita
basis is the misunderstood concept and maybe the reason behind the lethargic attitude of the
Indian Government.
8
Government of India Brefining 2013
9
Planning Commission of India 2013
10
Panel of Climate Activist
4

5. Right to a Clean Environment
19 youth activists called the Earth Guardians had filed a case against the United States11
Government for violating their right to a safe environment. The Court of Appeals ruled the
case valid and moved it to a higher court. The complaint was historic and was a wake up call
to the government of the United States and every other government.
The lawsuit was not about proving that Climate Change is happening or that human activity
is driving it. For the purposes of this case, these facts were undisputed. The questions before
the Court was whether defendants, the US Government were responsible for some of the
harm caused by climate change, whether plaintiffs, the youth activists may challenge the
defendants' Climate Change policy in court, and whether this Court can direct defendants to
change their policy to promote the Right to a Safe Environment.
The Right to a Clean Environment wasn't a procured right envisioned when our constitution
was framed as the situation of our climate was different. People were aware of their
surroundings and they knew the importance of their natural habitats. With time, situations
evolve and scenarios rapidly change. Globally, the discussion on the inter-linkages and
synergies between Human Rights and the Environment has centred around three major
questions: firstly, whether environmental protection is required to meet basic human rights;
secondly, whether human rights can contribute towards environmental protection; and thirdly,
whether environmental rights are basic human rights.
This complementarity between the two was first recognised in a Resolution of the UN
General Assembly in 1968 . The Resolution expressed a concern about the effect of the12
deterioration of the environment on the ‘condition of man, his physical, mental, and social
well-being, his dignity, and his enjoyment of basic human rights, in developing as well as
developed countries.’
In other words, there is both an anthropocentric urgency as well as an eco-centric urgency.In
the Stockholm Declaration on the Human Environment adopted at the UN Conference on the
Human Environment in 1972 both the above mentioned approaches were evident. India’s
then Prime Minister Mrs. Indira Gandhi spoke on India’s behalf and linked a clean
environment to human dignity stating that,​ "poverty is the worst pollution".13
In 2003, the United Nations Human Rights Council highlighted these inter-linkages more
clearly when it stated that respect for Human Rights is essential to achieving Sustainable
Development, that environmental damage can have a negative impact on the enjoyment of
some Human Rights, and pointed out that states should be cognizant of the negative effects of
environmental degradation.
11
​Case No. 6:15-cv-01517-TC, US District Court, Eugene Division, State of Oregon
12
​United Nations General Assembly Resolution 2398 (XXIII), 1968- ​‘Problems of Human Environment’
13
​Collection of Speeches, Smt. Indira Gandhi, Prime Minister
5

6. The Right to Life and its dependence on the Clean Environment
The Government of India is entrusted with the responsibility of uploading all the fundamental
rights entitled to all citizens of India. The Judicial system on various occasions have ruled in
favour of a Clean Environment being a focal necessity of being a pillar of uploading the
Right to Life.
The first article of the Stockholm Declaration established a link between a clean environment
and upholding Human Rights. It declared;
“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.”
The United Nations General Assembly recalled the principle of the Stockholm Declaration
and decreed that all individuals of the United Nations are entitled to live in an environment
that is sufficient for their good health and well-being. The General Assembly called upon
nations for enhanced efforts towards a better and healthier environment for all strands of
society.
The impacts of an unhealthy environment are always felt by the unfortunate lower strands of
society like Subhash Kumar, who filed a case against the State of Bihar, who were14
constitutionally mandated to protect his right to enjoy clean water. A stream following beside
his house was polluted because of the pollutants dumped by a factory upstream. The court
ruled in favour of Subhash Kumar. This proves, that there isn’t a deficit of laws or judgments.
There is a lack of awareness and seriousness in the matter.
Such was also in the case of the Nallamala Forest and it’s Tribal Natives. In a conflict
between the Central Government’s decision to mine uranium from the resourceful forest and
the state government, where the latter's firm stand to not allow mining prevailed. The direct
impact of the decision was upon the tribals who resided in the forest for generations and
weren't accustomed to life outside the forest.
The right to life is directly affected by the environment. An underlying principle of the right
to life is the assurity by the government to provide a safe environment with access to clean
air, water and other resources needed by humans to feel comfortable.
When the environment is harmed, our basic human right to a healthy life is compromised.
Cancer, heart disease, asthma, birth defects, behavioral disorders, and infertility are all either
caused or exacerbated by environmental hazards. Despite the many successful environmental
lawsuits over the years, several obstacles remain in terms of access to an effective remedy.
The most obvious flaws in the environmental regulatory system of India include the failure to
remedy past and future actions, the failure to protect against the impact of pollutants, and the
requirement for emissions limits and technological control on only a fraction of pollutants.
14
​1991 AIR 420, 1991 SCR (1) 5
6

7. All Global and Regional Human Rights Bodies including the World Health Organisation15
have linked environmental degradation and internationally-guaranteed human rights directly,
including the right to health and in nearly every incident brought forward to the judiciary of
various countries, the cases have not been in regard of the specific right to a safe and
environmentally-sound environment, but rather upon rights to life, property, health,
information, family and home life.
Underlying these complaints, are instances of pollution, deforestation, water pollution, and
other types of harm inflicted to both humans and the environment. These cases demonstrate
several benefits of using one or more of the rights-based approaches to environmental and
health problems. First, the emphasis on the rights of information, participation, and access to
justice encourages an integration of democratic values and promotion of the rule of law in
broad-based structures of governance.
It ought to be noted that there are different regulatory approaches to achieving environmental
protection and public health that aren't rights-based. Economic incentives and disincentives,
criminal law, and private liability regimes have all formed part of the framework of
international and national environmental law and health law.
This stress on responsibilities instead of rights echoes language from the Stockholm
Declaration and later instruments that emphasize the duty of every person to shield and
improve the environment for ​present and future generations. ​It is additionally in step with
human rights instruments that affirm the duties of every individual to others to push and
observe internationally-guaranteed human rights.
Experience shows better environmental decision-making and implementation when those
affected are informed and participate in the process: the legitimacy of the decisions exercises
a pull towards compliance with the measures adopted.
Another good thing about a rights-based approach is that the existence of international
petition procedures that permit those injured to bring international pressure in grips once
governments lack the desire to prevent or halt severe pollution that threaten human health and
well-being.​In many instances, petitioners have been afforded redress and governments have
taken measures to remedy the violation. In other instances, however, the problem appears to
be the result of a combination of governmental lack of capacity and lack of political will.
The pollution could also be caused by powerful enterprises whose business and investment
are necessary to the state or the state might have inadequate observance systems to make sure
air or water quality. Even in these instances, however, petition procedures will facilitate to
spot issues and encourage a dialogue to resolve them, as well as by the supply of technical
help.
15
Human Rights, Environment and Health, A Background Guide for WHO
7

8. Moving Ahead
Even when this paper was being drafted, another incident was making splashes across the
country. The incident of the felling of trees in one of Mumbai’s biodiversity hotspot- The
Aarey Forest to make place for a Metro Rail Shed. The citizens of Mumbai rose in unison and
opposed the move. It is to be noted that Aarey was one of Mumbai’s only green lungs left,
that helped Mumbai control the insane amounts of carbon emissions that it emits daily.
The Right to Life was directly threatened in this case, where the absence of clean air would
lead to the infringement of the abovementioned right. In addition to the violation and non-
compliance of the Fundamental Duty of every citizen; To protect and improve the natural
environment including forests, lakes, rivers, wildlife and to have compassion for living
creatures;16
The need of the hour are direct rules and regulations; not those that can be shelved or
surpassed but such laws that realize the importance of the environment. What’s also needed is
a seperate Right to a Clean Environment, to be added in the constitution as a Fundamental
Right. The Provisions of a Climate Emergency, more relevance to International Treaties and
Conventions ratified by India.
It is time we realise that Climate Change is real, fast and omni-present. It isn’t going to solve
itself. Laws are prevalent, people are aware and governments are trying. But we aren’t doing
enough. It is time, we own the responsibility and take the onus upon ourselves to preserve the
environment for us, and the future generations.
The time to think has passed. Now is the time to act!
About the Author
Mir Mustafa Ali Hasan​ is an undergraduate law student studying at Sultan-Ul-Uloom College of Law,
affiliated to Osmania University, Hyderabad. His interests range from cooking to International Relations &
Politics. An extensive reader and a passionate orator, he is vocal about various social issues that concern
him. Through conversations with his friends, Mustafa has developed a deep concern for the environment and
has been doing his bit to preserve the environment and prevent environmental degradation. He believes that
the world doesn't need one perfect solution but it needs seven billion imperfect ones. He urges everyone to go
ahead and try their best to save the earth. Doesn't matter if it isn't perfect.
16
Fundamental Duties, The Constitution of India, 1950
8