Human Rights & Environment: International and Domestic legal landscape

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13 Dec 2025

ABDUL BARI 10th December every year is celebrated as international Human Rights Day as on this day Universal declaration of human rights was adopted by the General assembly of the United Nations organisation. The declaration codified, for the first time, some of the rights and freedoms of all human beings which came to be called as Human rights. The declaration consists of 30 articles besides preamble wherein various human rights have been outlined and it has been reinforced that such (human) rights are inalienable. India made a significant contribution in the drafting of Declaration and ensured that among other things gender neutral language is used in the Declaration. This is in keeping with the gender-neutral language, article 1 of the Declaration was rephrased as; “All human beings are born free and equal” changing it from all men are born free and equal. The declaration recognised, besides other rights, the right to life as a human right under Article 3. India is not only a signatory to the UDHR but has also incorporated most of its provisions in its Fundamental Municipal Law i.e. Part lll of the constitution of India. Akin to article 3 of the Declaration, article 21 of the Indian constitution, which was declared by Krishna Iyer, J as procedural Magna Carta protective of life and liberty, recognises right to life as a fundamental right of every human being. The guaranteed right to life has been interpreted (Liberally) by the Supreme court of India on numerous occasions and a very wide range of rights have been judicially recognised under the umbrella of right to life. In one of the celebrated judgements the Hon’ble Supreme court has observed that right to life, as guaranteed under article 21 of the constitution, does not mean a mere animal existence but it protects a right to live with human dignity. In rural litigation and environment kendra Dehradun v State of UP & MC Mehta VS UOI the Hon’ble SC of India gave liberal interpretation to right to life and held that right to clean and pollution free environment is inherent in right to life. Through these judicial pronouncements the right to clean environment has been elevated and recognised as a distinct fundamental right. Article 19 of the Indian constitution which recognises freedom to practice any profession and carry on any trade, business or occupation as a fundamental righthas been subject to the reasonable restriction that such trade or business shall not be hazardous to the health of the society. Article 48A of the Indian constitution which contains the directive principle of the state policy emphasises that state shall endure to protect the environment and also preserve forests and wild life. Article 51A (g) imposes a fundamental duty on every citizen of the country to protect and improvethe environment. In 2022 United Nations General Assembly officially declared access to a clean, healthy and sustainable environment a universal human right. The supra mentioned discussion clearly implies that right to pollution free environment is a fundamental right of every citizen guaranteed under the constitution of India. It is a bounded duty of state to ensure that its citizen have pollution free environment. At the same time a corresponding fundamental duty is cast upon every citizen of this country to protect and preserve the environment. Anyone who engages himself in an act or omission which has the potential of deteriorating the parameters of the clean environment must be brought to justice, of course in accordance with the due process of law. The doctrine of “polluter must pay” is required to be enforced with a strong will and greater honesty on the part of the state. (Author is Senior Prosecuting Officer, Jammu & Kashmir Prosecution Service. Feedback: amtulrashidwani@gmail.com)