Environmental rights in Indian Constitution

Dr. O.P. Joshi
(Environmentalist, Former Principal, Gujarati Science Collage, Indore)

Our Constitution is not just a book, it is a living document that keeps evolving and revised with time. The provisions made in the Constitution regarding the environment show sensitivity towards this subject. Article 21 of the Indian Constitution guarantees the right to life in a clean and healthy environment and the right to a peaceful life under Article 19. The Environment Protection Act 1986, passed by the government based on the articles related to the environment mentioned in the Constitution, includes trees plants and animals along with air, water and soil.
At present, the spread and increasing pollution of air, water, soil and noise all around the country has taken away the right to live a clean, healthy and peaceful life. Air pollution has spread from metros to villages. The particulate matter PM2.5 has become almost uniform in urban and rural areas. According to an estimate, the air quality in cities with a population of more than 10 lakh in the country has deteriorated considerably.

No area of the country has clean air according to the standards of the World Health Organization. About 81.9 percent of the country’s population lives in areas where the air quality is very-poor (Lancet Planet Health Journal) Despite the National Clean Air Programme (NCAP) implemented in 130 cities since 2019, there has been no significant improvement in these cities. According to the State of Global Air report of 2024, more than 21 lakh people die yearly in the country due to diseases caused by polluted air. Recently, the Supreme Court has also said that air pollution is not only Delhi’s problem but the problem of the country.
Groundwater has also been polluted along with most surface water sources (rivers, streams, ponds, lakes, ponds). According to a study by the Central Pollution Control Board, out of 521 rivers, 351 were found to be critically polluted. The report 2024, released by the Centre for Science and Environment, New Delhi and the National Mission for Clean Ganga, states that 72% of the wastewater generated from homes, factories, cities, villages, etc., is discharging into rivers and lakes without any treatment. Only 22% of the daily wastewater generated is treated by STPs. It is treated with according to a report by NITI Aayog, more than 70% of the country’s water is polluted. Nitrate, chloride and arsenic content in groundwater has increased in 360 districts of the country.
Untreated sewage and factory effluents have also polluted the soil and reduced its fertility. Out of 150 million hectares of agricultural land, about 120 million hectares have lost yield. Chemicals that pollute the soil are causing many types of diseases in humans by reaching food and beverages. Mother’s milk has also been found to be contaminated in many places in the country.
Due to increasing noise pollution, it is also becoming rare for a quiet environment to be contemplated. In many cities of the country, the intensity of noise has been estimated to be 2-3 times higher even in silent zones (dispensaries, courts, educational institutions, zoos) declared by the local administration. In residential areas, the noise level has been fixed at 50 and 40 decibels during the day and night respectively. Increasing noise is having many adverse effects on human health like slow poisoning.
To get clean air, water and a calm environment mentioned in the Constitution, the government made many rules and regulations, and a separate environment department was also created, but still, these things are not available to the citizens, the Supreme Court has also described them as fundamental rights of citizens in many of its decisions. Even the duties of citizens for environmental protection as enshrined in Article 51A (g) are mostly indifferent, with a few exceptions.