Author(s) :

Dhriti Singh Kundu.

Volume/Issue :

Abstract :

The Environment (Protection) Act of 1986 defines the environment holistically, encompassing water, air, land, and their interconnectedness with living organisms and property. This paper highlights the critical importance of a healthy environment for life's sustenance and development while addressing environmental pollution as a global imperative. It discusses the evolution of environmental protection in India, delineating the pre- and post-1972 eras and emphasising the transformative impact of international conventions like the Stockholm Conference of 1972 and the Rio de Janeiro Conference of 1992. Furthermore, the paper explores the constitutional framework for environmental protection in India, citing key legislative measures and judicial interpretations that affirm the fundamental right to a pollution-free environment. Legal precedents such as the Oleum Gas Leak case and the Vellore Citizens’ Welfare Forum case underscore the judiciary's pivotal role in enforcing environmental rights and principles. The principles of sustainable development, the Polluter Pays Principle, and the Public Trust Doctrine are examined within the Indian legal context, with case law illustrating their application and significance. The conclusion underscores the constitutional guarantee of a clean environment as a fundamental right and emphasises the shared responsibility of the state and citizens in environmental conservation. Ultimately, the paper calls for greater public awareness, environmental education, and enhanced execution of environmental laws to preserve India's rich ecological heritage and ensure a sustainable future for all.

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