Right to a clean environment
Also called: Right to pollution-free environment, Right to a healthy environment · Topic: Fundamental Rights and Constitutional Remedies · NCERT: Class 11, Ch 2 "Rights in the Indian Constitution"; Class 11, Ch 6 "Judiciary"
Meaning
The right to a clean environment is the right to live with pollution-free air and water. It is not written in the Constitution. The Supreme Court read it into the right to life under Article 21 in Subhash Kumar (1991). This lets people go to court when pollution harms their health and life. In 2024, the Court extended it to a right against the adverse effects of climate change (M.K. Ranjitsinh).
Example
In Subhash Kumar (1991), a petition was filed about industrial waste polluting a river in Bihar. The Court used the case to hold that the right to life includes the right to enjoy pollution-free water and air.
Don't confuse with
- Right against the adverse effects of climate change: this was recognised in 2024 under Arts. 14 and 21. It is about harm from a changing climate, not only local pollution.
Related concepts
- Right to life and personal liberty
- A.K. Gopalan case
- Procedure established by law
- Due process of law
- Maneka Gandhi case
- Golden triangle
- Right to live with human dignity
- Right to livelihood
- Olga Tellis case
- Right to shelter