Vol. 2, Issue 3 (2017)
Environmental justice through the interpretation of article 21 of the constitution of India
Author(s): Dr. Mita Poddar
Abstract: The issues related to the environmental pollution is the central theme of this paper which studies the role of judiciary in expanding the scope of right to life and securing the pollution free environment. In India, there is no such environmental legislation which declares right to pollution free environment as a statutory right. Though, article 21 of Indian Constitution prescribes ‘right to life’ however, there was no further elaboration of this right to include right to get pollution free environment. The Supreme Court for the first time in 1991with the decision of Subash Kumar case ovserved that the right to get pollution free water and air should come under the purview of article 21 of the Indian Constitution. The present article makes an effort to analyse various cases decided by the courts in India to support the right to pollution free environment as a fundamental right.