Article 21 of the Constitution of India recognises the right to life and personal liberty of a person. It is well settled that the right to life includes the right to basic and clean environment, that is, the right to clean air, water, soil, etc. The Hon’ble Supreme Court in MC Mehta v. Kamal Nath held that any disruption to essential environmental elements such as air, water, and soil, which are vital for life, would be considered hazardous to life under Article 21.
Article 48A of the Constitution of India inter alia imposes a duty on the State to protect and improve the environment. The Hon’ble Supreme Court in Virender Gaur v. State of Haryana, recognising the duty of the Government to provide clean environment, stated, “there is a constitutional imperative on the State Government and the municipalities, not only to ensure and safeguard proper environment but also an imperative duty to take adequate measures to promote, protect and improve both the man-made and the natural environment.”
A cleaner environment, inter alia, entails the reduction of greenhouse gasses. International courts and organisations have started upholding the duty of a State to reduce greenhouse gas emissions. In State of the Netherlands v. Urgenda Foundation, the Hon’ble Dutch Supreme Court ruled in favor of the respondent who sought directions to the State of the Netherlands directing it to reduce the emission of greenhouse gases. The Hon’ble Dutch Supreme Court held that pollution impacts the right to private life and hence a State is required to implement reasonable and appropriate measures to safeguard individuals from significant environmental harm.
In Sacchi. Et al. v. Argentina, et al, the UN Committee on Rights of the Child observed that States have a responsibility to reduce their own share of emissions and that individual States are accountable for their actions or inactions on climate change and their contribution to its effects.
Source: Barandbench
