Is protection of the environment part of the right to life guaranteed under Article 21?
Coram: Sandeep Mehta; Vikram Nath
Yes — protection of natural resources and fragile ecosystems is an integral facet of the right to life under Article 21, and not merely a matter of regulatory compliance.
Constitution of India, 1950 — Art. 142 — Art. 21 — Wild Life (Protection) Act, 1972 — Environment (Protection) Act, 1986 — Illegal sand mining — Environmental protection — Interim directions — Constitution of India, 1950 — Art. 142 — Interim directions — pending completion of pleadings — Held: Where illegal sand mining in a protected sanctuary has caused loss of enforcement personnel's lives and continuing ecological harm, the Court may issue interim directions under Article 142 without awaiting completion of pleadings, given the disclosed urgency. (¶16, 17) Constitution of India, 1950 — Art. 21 — Environmental protection — integral facet of right to life — Held further: Protection of fragile ecosystems is an integral facet of the right to life under Article 21, not mere regulatory compliance, requiring authorities to act with urgency; directions for surveillance and enforcement issued, application disposed of. (¶21, 24)
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