ENIVORMENTAL JURISPREUDENCE: EXPANDING THE SCOPE OF ARTICLE 21 AND SUSTAINABLE DEVELOPMENT

ABSTRACT 

We all are the living beings or the organism we breath, die and survive. How?  Every individual require somethings on which basis they live. i.e. Fish require  water; lion require beef like that human’s require oxygen even it’s essential for  everyone. A consistent supply of oxygen within a suitable pressure range is  essential called the process of inhaling. However which also require natural  elements on which basis human’s oxide. whereas the pure atmosphere is  necessary. Air, plants, water, soil, and cultural feature and this all are concluded  as an environment. The environment also include the complex relationship and  system that exist between these physical, chemical, biological, and cultural  components for the forming of complex ecosystem. Environment it not just a  keyword it signify the entire condition of nation. That how and the way we live  which ensures the freely and healthy surrounding atmosphere. The interaction  of human’s and the nature is thoroughly interconnected with each other an  compass. Humans and the environment exist in a relationship of give and take. If  we protect the environment it sustains us.  

PROLOGUE 

Today the world community is combating various common problems whereas  one of the most evaded concern is environment issue’s . The environment is  constitute the bed rock of life on earth. Environment concern are extremely  important and should be taken seriously. Human activities have had  significantly impact on the environment which leading to issues such as climate  changes, deforestation, pollution, loss of biodiversity, and to other natural  resources. However every citizen have the right to healthy environment. Environmental rights also serve as a valuable mechanism for monitoring and  enforcing compliance with environmental laws and to protect form this human’s  harmful activities which harm they’re to itself. Thereto industries, companies use  hazardous chemical, gases such as one of the known cases is Bhopal Gas Tragedy  after that the “Environment (Protection) Act, 1986 commence.

Review and Analysis: The Environmental laws and its  jurisprudence 

That the growing concerns about the environmental degradation, biodiversity  loss and pollution. Over the past view decades the India faced a lot of issues  which has to be called as on case of “MC Mehta v. Union of India” and again in  “Union carbide corporation v. Union of India” this cases was in advance loss of  environmental. However after these cases the Environment (Protection) Act,  1986 commence despite, that it was examine the India faces several challenges  of environmental losses and the causes are pollution, deforestation,  overpopulation, overconsumption, industrialization, and urbanization. Whereas, We can say? It’s the jurisprudence behind it. Everyone is concern  about the causes and the solutions but how can it will dissolve it is real  jurisprudence behind it. The philosophical framework that studies the  relationship between law and the human actions, and the natural environment.  There are the many act for the protection of environmental laws i.e. Water  Pollution Act, (1974) Air Pollution Act, (1981) Wildlife Protection Act, (1972)  India Forest Act, (1927). A core aspects involves exploring environmental rights,  including the question of whether natural entities like forest, river similar to  humans rights. The jurisprudence is the key of creation and implementation of  laws policies, institutions, and practices for environmental protection,  effectively. In many jurisdictions, Courts have played a crucial role in developing  environmental jurisprudence by interpreting existing laws and the issuing orders  to addresses the ecological damage to balance. A key concern is the  effectiveness enforcements of these legal framework and ensures  environmental justice for individual and the public at large. 

THE SCOPE OF ARTICLE 21 IN ASPECTS OF ENVIRONMENTAL LAW’S  

If rights can be connected to the environment there are the certain rights from  which no one can refrain other. The scope encompasses the right to clean air and  water, protection of ecological balance, and a life of human dignity free from  environment hazards. There are the landmark case MC Mehta v. Union of India which is namely as ganga pollution case as well where the Supreme court  established the ‘absolute liability’. This principle holds the industry engaged in  hazardous or inherently dangerous activities causes harm, it is absolutely and  unconditionally liable to compensate those affected. This case was instrumental  in the development of environment law in India, and it has had a lasting impact  on how hazardous industries regulated. It showed the importance of article 21,  the right to life, in environmental cases. The right to life under Article 21 is  interpreted as the right to live in a clean environment free from the dangers of  disease and infection. A healthy environment is a prerequisite for living with  human dignity, making it an inherent attribute of the right to life. In the case of Animal Welfare Board v. Nagaraja it was held that right to healthy environment  is not only for humans it ensure that animals are equally adhere that on same.  Animal Welfare Board of India brought the cruelty and inhuman behavior which  is faced by the animals which are used in festivals. Article 51A (g) of the  constitution also gives the principle of compassion towards living beings and  animals. 

ENVIRONMENT AND SUSTAINABLE DEVELOPMENT 

Environment and sustainable development is an multidisciplinary journal  covering all aspects of the environment impacts of socio-economic development. Whereas the sustainable development is an approach to growth  and human development that aims to meet the needs of the present . It aims to  balance the needs of the society where living conditions and resources meets  the human needs without undermining planetary integrity. That between the  environmental needs and sustainable development it has to ensuring the  fairness of current and future generation by not depleting resources or damaging  the environment in a way that harms the future. It has to be balance the needs  of present and the future for the vast economy using the natural resources  wisely and sustainably, not consuming them faster than they can be replenished  or replaced. i.e. Practices such as recycling, using energy-efficient technologies,  and investing in renewable energy are practical example of sustainable  development in action.

ROLE OF INDIAN JUDICIARY IN ENVIRONMENTAL LAWS 

The Indian judiciary has profoundly shaped environmental jurisprudence  through the activism and public interest Litigation (PIL), interpreting the right  of healthy environment as a fundamental right and to preserve the ecological  balance. PIL ensures that existing environmental laws are effectively  implemented and enforced by the government bodies and corporation and if in  the case it require to be the time of forming an new laws for the save and the  healthy environment. Whereas, Indian courts have adopted and applied  international environmental law principle. That the establishment of NGT Act,  2010 also a bedrock to the protection of environmental laws. The National Green  Tribunals in India plays a crucial role in environmental laws by serving as a  specialized, quasi-judicial body it shows the milestone role of Indian judiciary in  aspect of environment.  

CONCLUSION 

Overall, the conduct of humans and the environment is interconnected the  change in climate are in the hand of humans the more we created the pollution  the more harm we cause to the environment. Additionally the more we seed  and grow the trees make the environment healthy and it is the result of  sustainability. It’s not only in the hand of government or the judicial system to  make it save it’s the responsibility of togetherness. Further the right to  environment if often associated with human rights, mostly right to live. Right to  life is guaranteed as a fundamental right under article 21. In order to live a  healthy life it is of utmost importance that our environment and surroundings  be pollution free and clean. A deeper understanding of the legal mechanism  essential for preserving our planet’s ecological balance, and ensuring the  harmonious coexistence between human activities and the natural  environment. 

REFERENCES

1. https://ijfmr.com/papers/2024/5/29814. 
2. International journal of environment science ISSN. 229-739 vol.11 No.23,  2025 https:/www.theaspd.com/ijes.php. 
3. Manuptra.com/roundup/318/Articles/The% Scope%20and%20limits. 
4. Nliulareview.nliu.ac.in/wp-content/uploads/2022/01/volume/v/Issue-11- 155-167. 
5. Hlmgroup.org/blogs/judicial-activism-and-environment-protection-in-india a-progressive-approach. 
6. Mc Mehta v. Union of India AIR 1988 SC 1037 
7. Animal Welfare Board of India v. A. Nagaraja (2014) 7 SCC 547