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What responsibility does the state government have towards environmental protection under the Indian Constitution?

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eMediNexus    15 November 2021

The state government has a responsibility towards protection and improvement of the environment.

Article 48A of the Constitution states: “The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country”.

  • In Bandhua Mukti Morcha v. Union of India, the Supreme Court of India held “... there can be no doubt that pure drinking water is absolutely essential to the health and well-being of the workmen and some authority has to be responsible for providing it ... The other matter in regard to which we find it necessary to give directions relates to the tremendous pollution of air by dust thrown out as a result of operation of the stone crushers ... also affect the visibility and constitute a serious health hazard to the workmen.”
  • In Rural Litigation and Entitlement Kendra v State of UP, the Supreme Court of India ordered lime stone quarries to be closed down stating that “It is a price that has to be paid for protecting and safeguarding the right of the people to live in healthy environment with minimal H disturbance of ecological balance and without avoidable hazard to them and to their cattle, homes and agricultural land and undue affectation of air, water and environment.”
  • In the case of Subhash Kumar v State of Bihar 1991 AIR 420, 1991 SCR (1) 5, the Supreme Court held that “Right to live is a fundamental right under Art 21 of the Constitution and it includes the right of enjoyment of pollution free water and air for full enjoyment of life.”
  • In M.C. Mehta and Anr vs Union Of India & Ors on 20 December, 1986 Equivalent citations: 1987 AIR 1086, 1987 SCR (1) 819, the Supreme Court held that “Chlorine gas is admittedly dangerous to life and health. If the gas escapes either from the storage tank or from the filled cylinders or from any other point in the course of production, the health and wellbeing of the people living in the vicinity can be seriously affected. Thus ... is engaged in an activity which has the potential to invade the right to life of large sections of people.”

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