Environmental Law

Will inadequate environmental legislation and judicial slumber allow future Union Carbides to get away with murder?

“An onerous obligation…….. We owe to posterity………clean air, clean water, greenery and
open space. They ought to be elevated to the status of birth right of every citizen.” Justice Frankfurter 1. Introduction Today, there is worldwide consciousness of environmental protection although it is of a recent origin. According to the legal definition, “Environment” includes water , air and land and the inter relationship that exists among and between water, air and land, and human beings, other living creatures, plants, micro- organisms and property. People have realized that in order to save themselves, there is a need to protect our environment. There is development because of industrialization which ultimately leads to degradation of environment. Sustainable development is essential to protect the environment from pollution. In India, the Supreme Court and the High Courts are upholding the doctrine of „Sustainable Development‟. Environmental rights may be constitutionalised either explicitly by constitutional amendments or implicitly by interpreting existing constitutional language to include environmental protection. In India, courts have interpreted existing constitutional provisions and included environmental protection under Article 21 and have intervened by way of writs, orders and directions in appropriate cases to enforce the constitutional right of people to a healthy environment. The

Supreme Court is aware of the need to develop environmental laws. The three quotations mentioned hereinunder from various judgments of the Supreme Court of India encapsulate the environmental problems and activities in India. “Article 21 protects the right to life as a fundamental right. Enjoyment of life and its attainment including the right to live with human dignity encompasses within its ambit ,the protection and preservation of environment ,ecological...