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Under the Constitution of India 'Right to Pollution Free Environment' has emerged as a fundamental right from the right to
Life and personal liberty under Article 21
Freedom of movement under Article 19
Conserve culture under Article 29.
Equality under Article 14
Such wide interpretations of Article 21 by the Supreme Court have over the years become the bedrock of environmental jurisprudence, and have served the cause of protection of India’s environment (and to a lesser extent, of livelihoods based on the natural environment). Adding to this is a large number of laws relating to environment, enacted over the last few decades However, a number of groups have also pointed out that the Constitution is deficient in that it does not explicitly provide for the citizen’s right to a clean and safe environment. In a recent submission to the committee set up to review the Constitution, these groups have proposed a number of amendments to the Constitution, for ensuring environment protection and nature conservation. These include: Recognition and incorporation of Environmental Rights as separate and independent Fundamental Rights in the Constitution of India. These follow from the above-mentioned interpretation to the term ‘Right to Life’, as given by the Supreme Court.
By: SANAT DATT BHARDWAJ ProfileResourcesReport error
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