Introduction

The right to a wholesome environment is a legal concept that emphasizes the right of individuals to live
in a healthy and balanced environment. Though not explicitly articulated in many national constitutions,
it is often inferred from broader rights such as the right to life, the right to health, or the right to a
dignified existence. This right recognizes the fundamental importance of a clean and sustainable
environment for human well-being and is increasingly gaining recognition in international, regional, and
national legal frameworks.

Constitutional Guidelines
Till the subsequent amendments the constitutional text of India was without any specific provision for
the protection and promotion of the environment. However, the seeds of such provision could be seen in
Article 47 of the Constitution which commands the State to improve the standard of living and public
health. To fulfill this constitutional goal, it's necessary that the State should provide pollution free
environment.
The United Nations Conference on Human Environment held on in June, 1972 at Stockholm placed the
issue of the protection of biosphere on the official agenda of international policy and law.
To comply with the principles of the Stockholm Declarations adopted by the International Conference on
Human Environment, the Government of India, by the Constitution 42nd Amendment Act, 1976 made
the express provision for the protection and promotion of the environment, by the introduction of Article
48-A and 51-A(g ) which form the part of Directive Principles of State Policy and the Fundamental
Duties respectively.
Preamble
The Preamble opens with the words, 'We, the People of India, which indicates the source from which the
Constitution comes, i.e., the people of India. Thus, we, the people are solely responsible for constituting
into a 'Sovereign, Socialistic, Secular, Democratic, Republic' and in this we find a glimpse of the
concern for the society as in such a society the state pays more attention to the social problems than any
individual problems. Environmental pollution which has emerged as one of the biggest social problems
is being regarded as a real problem affecting the society at large and thus the state is under an obligation
to fulfill the basic aim of socialism, i.e., to provide decent standard of living to all which can be possible
with a pollution free environment.
Further which is important thing in our Constitution that is Preamble declares the great rights and
freedoms which the People of India intended to secure to all its citizens, first of all justice, social,
economic and political. Here justice includes environmental justice. Although the particular word
environment' does not find a place but we can make a inference that to include Environmental Justice.
So when we think social, economic and political justice, we must include environment as it has become
a part of the social structure.
Directive Principles of State Policy and Fundamental Duty
The Directive Principles are policy prescriptions that guide the government whereas Fundamental Duties
are social obligations. Article 48 A of the Constitution loudly proclaims that the State shall endeavour to
protect and improve the environment and to safeguard the forests and wildlife of the country. In the
Indian jurisprudence, the legal value of the Directive Principles has constantly grown. The Directive
Principles possess the legal status of being complementary to Fundamental Rights' and impose an
obligation on the Government, including courts, to protect the environment". (T Damodar Rao v. The
Special Officer, Municipal Corporation of Hyderabad, 1987)
Article 51A(g) imposes duty on every citizen to protect and improve the natural environment including
forests, lakes, rivers and wildlife, and to have compassion for living creatures. Preser- vation of the
environment and keeping the ecological balance unaffected is a task which not only the Government but
also every citizen must undertake. This is a social obligation which finds expression in Article 51A(g) of
the Constitution. The provision of Fundamental Duty flows from the World Charter for Nature adopted
by the General Assembly on 28 October 1982. The Charter recognizes the rights of individuals and non-
governmental enti- ties by providing that all persons shall have access to means of redress when their
environment has suffered damage or degra- dation. The Charter also imposes a corresponding duty upon
persons to ensure that objectives and requirements of the Char- ter are met.
Fundamental Rights
The High courts and the Supreme Court of India have read right to wholesome environment as part of
the right to life guaranteed in Article 21 of the Constitution of India. Article 21 enunciates that no person
shall be deprived of his life or personal liberty except according to procedure established by law. The
slow poisoning by the polluted atmosphere caused by environ-mental pollution amounts to violation of
Article 21 of the Consti- tution. In fact, the right to life guaranteed in Article 21 of the Constitution
embraces the protection and preservation of nature's gifts without which life cannot be enjoyed.
Moreover, environ- mental degradation has disastrous impact on the right to liveli- hood which is part of
the right to life.
1. Subhash Kumar v. State of Bihar (1991) - India:
 In this case, the Supreme Court of India declared the right to life under Article 21 of the
Constitution as including the right to a wholesome environment. The court emphasized
that a healthy environment is essential for a meaningful right to life.
2. M.C. Mehta v. Union of India (1986) - Oleum Gas Leak Case - India:
 Commonly known as the Bhopal Gas Tragedy case, the Supreme Court of India, in
response to a PIL filed by M.C. Mehta, held that the right to life under Article 21 includes
the right to a safe environment. The court directed stringent measures to prevent
industrial hazards and protect the environment.

M.C. Mehta v. Kamal Nath (1997) - India:

 In this case, the Supreme Court of India addressed the issue of unauthorized mining in
the Aravalli range. The court highlighted the importance of protecting the environment
and natural resources and issued directives to stop illegal mining activities.

Articles 14 and 19 of the Constitution are also invoked for the environmental protection. Article 14
prohibits arbitrariness because every arbitrary action violates the principle of equality enshrined in it.
Article 14 has been invoked in Kinkri Devi V. States which involves indiscriminate grant of mining
leases and the unchecked and unscientific exploitation of the mining by the lessees, especially in the
hilly tracts and regions of the Himalayas which, in all likelihood, might result in evil consequences
having a far reaching and lasting impact on the natural wealth and the resources of the country and the
local population. It is alleged that the government arbitrarily granted the permission for mining activities
without adequate consideration of environmental im- pact which amounts to violation of Article 14.
Article 19(1)(g) provides that all citizens shall have the right to practise any profession, or to carry on
any occupation, trade or business. Accordingly, in cases involving the closure orders to the polluting
industrial unit, the courts face the task of balancing the environmental imperative with the fundamental
right to carry on any occupation, trade or business guaranteed in Article 19(1)(g) of the Constitution. The
fundamental right to carry on any occupation, trade or business is subject to reasonable restrictions
which may be placed in the interest of the general public as provided for in Article 19(6) of the
Constitution. No one has the right to carry on business so as to cause nuisance to the society. One cannot
carry on the business in the manner by which the business activity becomes a health hazard to the entire
society.

Right to Wholesome Environment: Evolution and Application

The evolution of the right to a wholesome environment has been a dynamic process shaped by changes
in societal values, scientific understanding, and legal developments. While the explicit recognition of
this right varies across jurisdictions, its evolution can be traced through international agreements,
national constitutions, and landmark legal cases. Here is an overview of the key stages in the evolution
of the right to a wholesome environment:

1. Emergence of Environmental Consciousness:

The mid-20th century witnessed a growing awareness of environmental issues, spurred by events like
the industrial pollution episodes, chemical disasters, and concerns about nuclear testing. Rachel Carson's
seminal work, "Silent Spring" (1962), played a crucial role in awakening public consciousness about the
environmental impact of human activities.
2. International Recognition:
The 1972 United Nations Conference on the Human Environment in Stockholm marked a significant
milestone in recognizing the importance of environmental protection at the global level. The Stockholm
Declaration acknowledged the right to a healthy environment and laid the foundation for subsequent
international agreements that integrated environmental considerations into development goals.
3. Rio Declaration on Environment and Development (1992):
The United Nations Conference on Environment and Development (UNCED) in Rio de Janeiro
produced the Rio Declaration, which explicitly recognized the right to a healthy environment. Principle
1 states, "Human beings are at the center of concerns for sustainable development. They are entitled to a
healthy and productive life in harmony with nature."
4. National Constitutions and Legislation:
Several countries have amended or adopted new constitutions to explicitly recognize the right to a
wholesome environment. For example, the Constitution of Ecuador (2008) recognizes the right to live in
a bio-diverse environment free from contamination.
5. Judicial Recognition:
Landmark judicial decisions have played a crucial role in recognizing and affirming the right to a
wholesome environment. For instance, the Indian case of Subhash Kumar v. State of Bihar (1991)
interpreted the right to life under Article 21 to include the right to a healthy environment. Similarly, the
Colombian Constitutional Court has recognized the right to a healthy environment as a fundamental
right.
6. Development of Environmental Laws:
The evolution of the right to a wholesome environment is closely tied to the development of
environmental laws and regulations. Many countries have enacted comprehensive environmental
legislation to address issues such as air and water quality, waste management, and conservation of
natural resources.
7. Shift Towards Sustainable Development:
The concept of sustainable development, as articulated in the Brundtland Report (1987), has played a
pivotal role in shaping the evolution of the right to a wholesome environment. The idea is to meet the
needs of the present without compromising the ability of future generations to meet their own needs.
8. Integration into Human Rights Framework:
Over time, the right to a wholesome environment has become more firmly integrated into the broader
human rights framework. It is often seen as interconnected with rights such as the right to life, the right
to health, and the right to enjoy cultural and natural heritage.
9. Global Environmental Challenges:
Ongoing global environmental challenges, such as climate change, biodiversity loss, and pollution, have
highlighted the urgency of recognizing and protecting the right to a wholesome environment.
International efforts, such as the Paris Agreement, reflect a commitment to addressing environmental
issues within a human rights context.
10. Public Activism and Civil Society Engagement:
Public awareness and activism, often led by environmental organizations and grassroots movements,
have played a crucial role in advocating for the recognition and protection of the right to a wholesome
environment. Citizen participation in environmental protection has become a driving force for change.
Future Directions:
The evolution of the right to a wholesome environment is an ongoing process. As environmental
challenges intensify, there is a need for continued legal and policy developments that strengthen the
protection of this right. Collaboration between governments, international bodies, civil society, and the
legal community will be essential in shaping a future where the right to a wholesome environment is not
only recognized but effectively enforced for the benefit of present and future generations.
The application of the right to a wholesome environment is crucial for ensuring the well-being of
individuals, communities, and ecosystems. This right, whether explicitly stated in a constitution or
derived from broader human rights principles, encompasses various aspects that require active and
consistent application. Here are key dimensions of its application:
1. Legislative Measures:
Governments play a central role in applying the right to a wholesome environment through the
enactment and enforcement of environmental laws and regulations. These legal frameworks are designed
to prevent pollution, protect natural resources, and promote sustainable development.
2. Environmental Impact Assessments (EIA):
The right to a wholesome environment often involves the requirement for Environmental Impact
Assessments before significant projects or activities are undertaken. EIAs evaluate the potential
environmental effects of proposed developments and help make informed decisions that minimize harm
to the environment.
3. Access to Environmental Information:
Transparency is a crucial element in the application of the right to a wholesome environment.
Governments should ensure that citizens have access to information about environmental issues,
allowing them to make informed decisions and participate in environmental decision-making processes.
4. Public Participation:
Individuals and communities have the right to participate in environmental decision-making processes.
This includes public hearings, consultations, and the opportunity to voice concerns about activities that
may impact the environment.
5. Environmental Justice:
The application of the right to a wholesome environment involves ensuring environmental justice, where
the benefits and burdens of environmental policies and practices are distributed equitably among
different social groups, including vulnerable and marginalized communities.
6. Waste Management and Pollution Control:
Governments and industries must implement effective waste management strategies and pollution
control measures to minimize adverse impacts on air, water, and soil quality. This involves setting and
enforcing emission standards, waste disposal regulations, and other measures to protect the environment.
7. Conservation of Biodiversity:
Protecting and preserving biodiversity is an essential component of the right to a wholesome
environment. Conservation efforts, habitat protection, and sustainable land-use practices contribute to
maintaining ecological balance and supporting diverse ecosystems.
8. Climate Change Mitigation and Adaptation:
Addressing climate change is integral to the application of the right to a wholesome environment.
Governments and international bodies are expected to implement policies and measures that reduce
greenhouse gas emissions, promote renewable energy, and enhance resilience to the impacts of climate
change.
9. Corporate Responsibility:
Businesses and industries have a role in applying the right to a wholesome environment by adopting
sustainable practices, minimizing environmental footprints, and adhering to environmental regulations.
Corporate responsibility includes accountability for the environmental impacts of business operations.
10. Legal Remedies and Public Interest Litigation:
Individuals and environmental organizations can seek legal remedies through the courts when the right
to a wholesome environment is violated. Public Interest Litigation (PIL) allows citizens to address
environmental concerns in court and holds authorities accountable for environmental protection.
11. Education and Awareness:
The application of the right to a wholesome environment involves fostering environmental education
and awareness. Educational programs aim to empower individuals to understand their role in
environmental protection and make sustainable choices in their daily lives.
12. International Cooperation:
Given the transboundary nature of many environmental issues, international cooperation is crucial.
Countries need to collaborate on global environmental challenges, sharing knowledge, resources, and
technologies to address issues like climate change, biodiversity loss, and pollution.
Challenges in Application:
Enforcement Gaps: Weak enforcement of environmental laws and regulations can hinder the effective
application of the right to a wholesome environment.
Conflict of Interests: Balancing economic development with environmental protection poses challenges,
often resulting in conflicts of interests.
Inadequate Resources: Limited financial and human resources can impede the implementation of robust
environmental protection measures.

Environment Protection & Public Interest Litigation

Public interest litigation has assumed tremendous importance in environmental cases. Most of the
environmental petitions are being filed by social activists in public interest. Public interest litigation
differs from the traditional litigation inasmuch as the traditional litigation is bipolar and adversarial
whereas the public interest litgation is not strictly adversarial and the petitioner seeks to champion a
public cause for the benefit of the society. In public interest litigation, on the contrary, the courts are
asked to deal with public grievances over flagrant human right violations by the state or to vindicate the
public policies embodied in statutes or constitutional provisions. Accordingly, in public inter- est
litigation, the judge plays a very vital and active role in organising and shaping the litigation.
In Judges Transfer case, Justice Bhagwati described public interest litigation as a necessary rejection of
laissez faire notions of traditional jurisprudence in order to address the mod- ern phenomenon, of
"massification" in which important rights are not individual but diffused and metaindividual.
The Indian judiciary adopted the technique of public interest litigation for the cause of environmental
protection in many cases. The Supreme Court and High Courts shaded the inhibitions against refusing
strangers to present the petitions on behalf of poor and ignorant individuals. The basic ideology behind
adopting PIL is that access to justice ought not to be denied to the needy for the lack of knowledge or
finances. In PIL a public spirited individual or organization can maintain petition on behalf of poor and
ignorant individuals.
In the area of environmental protection, PIL has proved to be an effective tool. In Rural Litigation &
Entitlement Kendra vs. State of U.P.," the Supreme Court prohibited continuance of mining operations
terming it to be adversely affecting the environment.
In Indian Council for Enviro-Legal Action vs. Union of India, the Supreme Court cautioned the
industries discharging inherently dangerous Oleum and H acid. The court held that such type of
pollution infringes right to wholesome environment and ultimately right to life. In another case M.C.
Mehta vs. Union of India, the Supreme Court held that air pollution in Delhi caused by vehicular
emissions violates right to life under Art. 21 and directed all commercial vehicles operating in Delhi to
switch to CNG fuel mode for safeguarding health of the people.
In Church of God (Full Gospel)in India vs.KKR Majestic Colony Welfare Association, the Supreme
Court observed that noise pollution amounts to violation of Art.21 of the Constitution.
In landmark case Vellore Citizens' Welfare Forum vs. Union of India, the Supreme Court allowed
standing to a public spirited social organization for protecting the health of residents of Vellore. In this
case the tanneries situated around river Palar in Vellore (T.N.) were found discharging toxic chemicals in
the river, thereby jeopardising the health of the residents. The Court asked the tanneries to close their
business.

Conclusion
The right to a wholesome environment is a vital component of environmental law and human rights. As
environmental challenges continue to mount globally, the recognition and effective enforcement of this
right become increasingly important. Governments, legal systems, and international bodies play a crucial
role in safeguarding this right and ensuring that present and future generations can enjoy a clean,
healthy, and sustainable environment. Legal frameworks, judicial decisions, and public awareness efforts
contribute to shaping and reinforcing the right to a wholesome environment.