Environmental Challenges and Legal Framework in India
Air Pollution in Delhi
- Winter months exacerbate smog and poor air quality in New Delhi, impacting health and daily life.
- The Delhi government and Directorate of Education have implemented work-from-home policies and school hybrid modes to mitigate health risks.
- Major sources of air pollution include fossil fuel burning, transportation, industrial processes, and agriculture.
- Particulate Matter (PM):
- PM10: Particles with a diameter of 10 microns or less.
- PM2.5: Fine particulate matter with a diameter of less than 2.5 microns.
- Diesel Particulate Matter (DPM): Sub-category of PM2.5, consisting of particles less than 1 micron.
- Graded Response Action Plan (GRAP):
- Mandates school closures and staggered office timings in severe pollution phases.
Constitutional Provisions for Environmental Protection
- Originally, the Constitution did not explicitly mention environmental protection.
- Article 21: Interpreted to include the right to a clean environment as part of the right to life.
- Articles 48A and 51A(g): Add responsibilities for the state and citizens to protect the environment.
- Supreme Court rulings have reinforced environmental protection as a constitutional obligation (e.g., Maneka Gandhi case).
Judiciary and Environmental Protection
The judiciary has played a crucial role in balancing economic development with environmental conservation through Public Interest Litigations (PILs).
- Environment (Protection) Act, 1986: Defines "environment" to include air, water, and land.
- Key Court Cases:
- Rural Litigation and Entitlement Kendra vs. State of U.P. (1985): Recognized the right to a healthy environment.
- M.C. Mehta vs. Union of India (1987): Incorporated pollution-free environment as part of the right to life.
Principles for Environmental Liability
- Absolute Liability: Imposes legal responsibility for damages caused by hazardous substances, regardless of fault.
- Precautionary Principle: Advocates for precautionary measures in the face of environmental threats.
- Polluter Pays Principle: Holds polluters financially responsible for damage caused.
Public Trust Doctrine
- States act as trustees of natural resources which belong to the public.
- The Supreme Court has upheld this doctrine to ensure state accountability in resource management.
Climate Change and Constitutional Rights
- Recognized as part of the right to life and equality under Articles 21 and 14, respectively.
Conclusion
Despite governmental efforts, environmental protection measures remain inadequate. There is a growing need to explicitly embed the right to a clean and healthy environment within the Constitution to ensure shared responsibility between the state and citizens.
