THE RIGHT TO LIVE IN HEALTHY AND POLLUTION FREE ENVIRONMENT: AN ANALYSIS IN CONSTITUTIONAL PERSPECTIVE
Humanity is in danger. Mankind faces overwhelming environmental problems which are large scale, long term and strike directly at most intimate links to the biosphere where human beings live. Environment problems is a burning problems now a days, the need of its protection is global issue. Industrialisation, urbanisation, population explosion, poverty, over exploitation of resource, depletion of traditional resource of energy and raw material etc. are some of the factor which has contributed to environmental deterioration the world over.
Today, the right to live in healthy and pollution free environment has been recognized as a fundamental right under Article 21 of the Constitution of India by the intervention of the Hon’ble Supreme Court of India. Over the years, the Hon’ble Supreme Court have been paying special attention for the protection of environment by giving effective directions to all persons concerned with the matters by invoking its power under Article 32 of the Constitution of India. In India, the law relating to environment has gained significant movement only through the Public Interest Litigation (PIL) by a public spirited person. Today, the Public Interest Litigation is an instrument for sealing destruction of justice, when there is gross violation of environmental rights.