Enshrine Environmental Protection Case Study
It is remarkable that India was the first country in the world to enshrine environmental protection as a state goal in its Constitution. In Articles 48A and 51A (g) of the Constitution, a strong foundation has been laid down pertaining to environment, preservation of forests, wild life, rivers and lakes.
The Universal Declaration of Human Rights proclaims that everyone is entitled to a standard of living adequate to provide for the health and well-being of oneself.
Waste Management – A Necessary Corollary of Right to Life
Constitution has guaranteed to every person ‘right to life’. During last six decades, the Supreme Court had widened the scope of this right to its maximum limit. Supreme Court was aware …show more content…
No government can cope with the problem of environmental repair by itself alone; peoples ' voluntary participation in environmental management is a must for sustainable development. There is a need to create environmental awareness which may be propagated through formal and informal education. We must scientifically assess the ecological impact of various developmental schemes. To meet the challenge of current environmental issues, the entire globe should be considered the proper arena for environmental adjustment. Unity of mankind is not just a dream of the enlightenment but a biophysical fact.
1. In Subhas Kumar v. State of Bihar,(1990)1SCC598, the Court has given directions that, under Article 21 of the Constitution, pollution free water and air are the fundamental rights of the people.
2. In the case of A.P. Pollution Control Board II v. M.V. Nayudu, the Court observed that the right to have access to drinking water is fundamental to life and it is the duty of the State under Article 21 to provide clean drinking water to its citizens.
The United Nations Water Conference in 1977 observed as …show more content…
The Supreme Court of California in National Audubon Society v. Superior Court of Alpine County observed as under:
Thus, the public trust is more than an affirmation of State power to use public property for public purposes. It is an affirmation of the duty of the State to protect the people 's common heritage of streams, lakes, marshlands and tidelands, surrendering that right of protection only in rare cases when the abandonment of that right is consistent with the purposes of the trust....
In a recent case of Intellectuals Forum v. State of A.P. the Court has reiterated the importance of the Doctrine of Public Trust in maintaining sustainable