Essentiality of Clean Environment for Right to life: Judicial Activism

Abstract Without a clean environment, life has no meaning. The Constitution of India, though guarantees the right to life in Article 21 but the necessary requirements to enjoy right to life have not been guaranteed rather reflects directly in the Constitution. Therefore, the judiciary had to come to the support of the meaningful meaning to the term ‘life’ through their judicial verdict and judgments. The Constitutional courts, i.e. Supreme Court and High Courts have declared the necessary components of life through their various judgments and thereby posted the clear picture and vision to the term ‘life’. The Supreme Court has not only defined life but given true meaning and clear understanding of it. Right to life becomes possible with right to education, right to shelter, right to health and so as right to have a clean environment. Providing a clean environment to its citizens therefore declared the duty of the State and ultimately the right of the citizen. Every element of nature therefore, directed to be preserved, protected and propagated. The Constitution of India through different articles provided the concerned with the environment. Article 48A states “The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.” 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.” Shriram Fertilizer case, Indian Council for Enviro-Legal Action v. Union of India M. C Mehta v. Kamal Nath, Vellore citizens welfare forum v. Union of India are few of the many cases where the judiciary has shown its seriousness about the relationship between the right to life and clean environment