Published in Dwarka Express on 30.9.23
The architects of Indian Constitution deserve kudos. Even when there was no sufficient scientific thrust to environmental science, as is available today, it is simply great that our forefathers had included environmental concerns as part of fundamental rights. May be, had this much environmental information available during 1940’s, the draft would have added environment as one of the fundamental rights. Nevertheless, Article 21 gains importance since it has a direct bearing on environment. No person shall be deprived of his life or personal liberty except according to procedure established by law as per Article 21 of the Constitution. Keeping in mind, this fundamental right to life, the Constitution goes further to say under the Directive Principle, (Article 48A) that the State should endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.
Does the Constitution only mention about the fundamental rights? Interestingly the Constitution also underlines the obligations of the citizens under Article 51A. It is the duty of every citizen to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures. In addition to the Constitutional provisions, various acts such as Environmental Protection Act, Wildlife conservation act, Acts and rules for Pollution control, waste management, water quality etc had come handy for pleaders to safeguard the interests of common man.
Given the constitutional provisions stated above, the question arises, ‘is the common man happy about the status of environment?’ The answer is obvious and needs no emphasis. The blame game politics continues while a huge number of disputes lingers on in courts for years. Article 21 i.e., the right to life, read with Article 32, i.e., the right to seek constitutional remedy from the Supreme Court if they have been deprived of their fundamental rights are often cited by learned counsels to place their firm argument in innumerable litigations all over the country. Nevertheless, we have also come across petitions that have failed in courts against the voluble civic anxieties, may it be infra construction or unmindful deforestation.
From time to time, the time-tested legal provisions are warped to ensemble the powers that be, grounding the logical and scientifically proved ideals of the environmental tenets, only to culminate in disasters and loss of lives as well as properties. The recent plummeting of Joshimath is a clear consequence of one such Himalayan blunders. Constitution will come handy only when the enforcement is in letter and spirit