ABSTRACT:
Article 21 of the Indian Constitution guarantees the Right to Life and Personal Liberty, a fundamental right that has been judicially interpreted to encompass the right to a healthy environment. This research delves into the complex relationship between industrial growth and environmental protection, analysing how Article 21 has been instrumental in balancing these competing interests. The legal framework governing industrial activities and environmental protection in India will be examined, with a particular focus on the Supreme Court’s role in shaping environmental jurisprudence through landmark judgments. The socio-economic implications of industrialization, including its impact on livelihoods, health, and quality of life, will be explored, with attention paid to the concerns of marginalized communities. The research will also analyse the role of civil society organizations in advocating for environmental rights and holding industries accountable. The judicial approach to environmental cases will be critically analysed, examining the effectiveness of judicial remedies such as injunctions, damages, and public interest litigation in addressing environmental degradation. The challenges faced by the judiciary in balancing the interests of industrial development and environmental protection will also be assessed. Ultimately, this research aims to contribute to the ongoing discourse on sustainable development in India. By examining the legal, social, and judicial dimensions of environmental protection, the study will provide insights into the challenges and opportunities for balancing industrial growth with the preservation of a healthy environment.
Keywords: Article 21, Environmental Rights, Industrial Growth, Judicial Interpretation.
INTRODUCTION: The intricate relationship between human existence and the environment is a cornerstone of global discourse, encompassing not just the biosphere but also the natural and built surroundings. As defined by environmental agencies, the ‘environment’ extends beyond physical components like water, air, and land to include the complex interrelationships between these elements and all living entities, including humans, alongside social, economic, political, religious, and cultural dimensions. This holistic view underscores that humans are integral components of the ecosystem, inherently linked to its health and sustainability.
Over the past two decades, a heightened awareness has emerged regarding the nexus between a safe and healthy environment and the enjoyment of fundamental human rights. This convergence has propelled environmental protection and human rights to the forefront of state agendas, both domestically and internationally. Human rights, essential for human dignity, and environmental protection, crucial for sustainable development, are now inextricably linked. The pursuit of economic development, while vital, has often led to environmental degradation, necessitating a delicate balance between industrial growth and environmental preservation.
In the Indian context, this balancing act is particularly significant. India’s rapid industrialization, aimed at fostering economic progress and improving living standards, has presented considerable environmental challenges. The nation’s legal framework, notably Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty, has been interpreted by the judiciary to encompass the right toa clean and healthy environment. This interpretation has empowered citizens to seek legal recourse against environmental degradation, positioning the judiciary as a crucial arbiter in environmental governance.