Friday 12 June 2015

Environment and Indian Constitution

The Indian Constitution guarantees justice, liberty and equality to all citizens of the country. In Maneka Gandhi's case the court gave a new dimension to Article 21. It held that the right to 'live' is not merely confined to physical existence but it include within its ambit the right to live with human dignity. The same view was reflected by Court in Francis Coralie V. Union Territory of Delhi said that the right to live is not restricted to mere animal existence. Article 21 also constitute right to get pollution free water and air. Article 48 of Directive Principles of State Policy directs that the State to take steps to organize agriculture and animal husbandary on modern and scientific lines. Again Article 48-A requires the State to take steps to protect and improve the environment and to safeguard the forests and wildlife of the country. In M.C. Mehta (II) V. Union of India, the Supreme Court, relying on Article 48-A gave direction to Central and State Governments and various local bodies and Boards under the various statutes to take appropriate steps for the prevention and control of pollution of water. Article 51-A says that it shall be the duty of every citizen of India to protect and impove the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living.

Source: PIB

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