THE CONFLICT BETWEEN AIR POLLUTION AND THE RIGHT TO LIVE IN A HEALTHY ENVIRONMENT

Abstract

Human Rights don’t get extinguished ever but achieves its importance through the socio-economic, political and cultural situations taking place in a society. Right to Safe and a Healthy Environment is a right which is not mentioned expressly in the Constitution of India, even though it is a rising factor when pollution, exclusively air pollution is at its peak. Since the Constitution was silent on this aspect, the judiciary got a wide scope to have a creative hat by making new laws on the basic structure, there forth changing the constitutional understandings over the period of time. Article 21, Article 48 A and Article 51 A(g) of the Constitution under which  Right to Life and right to Personal Liberty can be interpreted has been subjected to constant interpretative battles in the court to create a strong bridge between right to a safe and a healthy environment and personal liberties. Under the umbrella of Article 21, environmental rights have been fighting to secure its position against pollution and public interest litigation has been playing an integral role to safeguard it. Therefore, the silence in the Indian Constitution in regards to Right to live in a Healthy Environment has turned out to be a blessing in disguise since the judiciary could uphold the rule of law above the rule of Constitution and could be able to voice its opinions which are, indeed louder than unread texts. The author shall conduct a detailed study on the concerned articles of the Constitution, their evolution and the pressing issues, besides a thorough study of doctrines with referral illustrations. A wide study of relevant case laws shall be made, discussing all the dissenting opinions of relevant cases which haven’t been given importance to. An analysis of the work undertaken by the judiciary and the activities which ought to be undertaken in future shall be discussed. A link of all 3 organs shall be drawn as well for better understanding. Lastly, discussions shall be made on the present state and importance of art. 21 in the 21st century, while focusing on matters like PIL and reliefs to the victims.