2. EDUCATION ON ENVIRONMENT
Over-population and
the ways to check its
rapid growth.
Afforestation as a
preventive to soil
erosion and water
pollution
Methods to prevent air
pollution, insisting on
smokeless cooking
Discipline in playing
radio and television
sets and a ban on use
of loudspeaker.
Elementary knowledge
of the scientific and
philosophical basis of
man and the
environment
Rules regarding
disposal of household
waste; and
General principles of
sanitation
3. After India's independence, efforts to pass legislation
to combat pollution persisted.
Today, India has a slew of laws on the books meant to
prevent pollution and preserve the natural order of
things.
One important piece of legislation meant to save the
planet is the Environment (Protection) Act of 1986.
Educating the public and raising awareness about the
need of taking care of the environment are two of the
many goals of the government of India's recent
programmes and media initiatives.
4. Environment and Constitution of
India
Article 51-A,
Clause (g)
“It shall be the duty of every
citizen of India to protect and
improve the natural
environment including forests,
lakes, rivers and wildlife and
to have compassion for living
creatures.”
Thus, protection and
improvement of natural
environment is the duty of the
State (Article 48-A) and every
citizen (Article 51- A (g)).
Articles 48-A
“The State shall endeavour
to protect and improve the
environment and to
safeguard the forests and
wildlife of the country.”
The said amendment
imposed a responsibility
on every citizen in the
form of Fundamental Duty.
5. Article 253 states that ‘Parliament has power to make any law for
the whole or any part of the country for implementing any treaty,
agreement or convention with any other country.
In simple words this Article suggests that in the wake of Stockholm
Conference of 1972, Parliament has the power to legislate on all
matters linked to the preservation of natural environment.
Parliament’s use of Article 253 to enact Air Act and Environment Act
confirms this view. These Acts were enacted to implement the
decisions reached at Stockholm Conference.
Environment and Constitution of
India
6. Article 21 of the Indian Constitution states: 'No person shall be
deprived of his life or personal liberty except according to procedures
established by law.
The human right to a healthy environment brings together the
environmental dimensions of civil, cultural, economic, political, and
social rights, and protects the core elements of the natural
environment that enable a life of dignity.
The right to life (Article 21) has been used in a diversified manner in
India. It includes, inter alia, the right to survive as a species, quality
of life, the right to live with dignity and the right to livelihood.
Environment and Constitution of
India
Notas do Editor
The Indian Constitution is not a static document, but rather one that changes and develops with time. The constitution's particular provisions on environmental preservation are likewise a product of the constitution's dynamic nature and expansive potential. Socialist social structure and individual worth are both guaranteed by the preamble of our constitution. A high quality of life and a clean environment go hand in hand with this. The Environment (Protection) Act, 1986 defines environment as “environment includes water, air and land and the interrelationship which exists among and between air, water and land and human beings, other living creatures, plants, micro-organism and property”
The protect and improve the environment is a constitutional mandate. It is a commitment for a country wedded to the ideas of a welfare State. The Indian Constitution contains specific provisions for environment protection under the chapters of Directive Principles of State Policy and Fundamental Duties. The absence of a specific provision in the Constitution recognizing the fundamental right to clean and wholesome environment has been set off by judicial activism in the recent times.
Initially, the Constitution of India had no direct provision for environmental protection. Global consciousness for the protection of environment in the seventies, Stockholm Conference and increasing awareness of the environmental crisis prompted the Indian Government to enact 42nd Amendment to the Constitution in 1976. The Constitution was amended to introduce direct provisions for protection of environment. This 42nd Amendment added Article 48-A to the Directive Principles of State Policy.