Assistant Professor

Political Science

University College, Moonak

 Sangrur, Punjab, India  

India needs to achieve the main goals of its leadership: to provide a decent standard of living for all and to make environmentally friendly position possible. Initially, there were provisions in the Indian Constitution that did not explicitly stipulate environmental protection. Now, the main task of Indian Constitution (Articles 14, 19, 21, 48A, 49A and 51A) clearly requires every citizen to protect the environment. Legal awareness of environmental protection, one day needs to have more public participation, thus promoting people's awareness of protecting ecosystem and environment. Living in a pollution-free environment a healthy environment is every human's right. There are many provisions in Indian law which are important and help to protect the environment. Rights and responsibilities are an important part of the law. The Constitution of India provides certain rights and obligations to the citizens of India. The aim is for citizens and the state to do their moral duty to protect the law.

Keywords: Environmental Protection, Indian Constitution, Democracy, Pollution, Sustainable Development, Natural Resources, Rights & Duties

Introduction:

Living things include plants, animals, and living things; living things include earth, water, air, heat and light. The difference between the two is how quickly they can be reused and how quickly they run out, relative to humans. Non-renewable resources cannot be renewed by natural processes as they are consumed. This includes food and fossil fuels produced by plants and animals over millions of years in natural processes that interact with their environment to produce food, water, oil, medicine, at home and more. Forests play an important role in the survival of all living things by providing good air and water. It provides animal life, human life, water conservation, erosion prevention and safety protection. Overuse of natural resources can damage or destroy entire ecosystems. The human impact on environmental problems is enormous and affects human activities and health and economic development. Environmental damage from air, water, noise, electricity and heat changes people's lives and causes obesity, diabetes, cancer, asthma, allergies and other diseases. Recognizing this environmental damage, governments have begun to limit activities that damage the environment.

Human impact on environment:

Depending on human social processes and interactions between ecosystems, all habitats on Earth can be divided into three types: inhabited, uninhabited or sedentary. The five basic human needs in the environment are oxygen, water, food, shelter and warmth. Humans affect the environment in many ways, including through pollution, greenhouse gas emissions, natural resource depletion and climate change. Excessive resource consumption reduces the resilience of ecosystems, which can be measured by the Ecological Footprint. The use of available resources and the development of markets have affected agriculture, forestry and water quality. Deforestation and vehicle exhaust cause air pollution. Discharge of sewage, household, agricultural and industrial waste into water bodies can contaminate water bodies with toxic chemicals that can harm aquatic ecosystems. Another source of hydrothermal contamination is the use of cooling water in power plants and industrial plants. Excessive use of incoming electricity often causes skin burns, heart disease and cancer.

Environmental democracy:

Environmental democracy defines effective public participation to ensure that decisions about land and natural resources address the public interest in a fair and equitable manner. At its core, environmental democracy has three supporting principles; the ability of people to freely access information about environmental quality and problems, participate in decision-making, and seek compensation for environmental modification or destruction. People are often excluded from decision-making processes that affect the restoration and development of the environment in which they live. The main purpose of environmental democracy is to protect public and environmental health. Thus, environmental democracy sets standards for how decisions are made on the basis of three fundamental rights: free access to information about resources and environmental issues, participation in decision-making, and the use of environmental protection laws or claims for compensation. EDI assesses countries' progress in creating laws that promote public participation, accountability and transparency in environmental decision-making.

Environmental Pollution:

In fact, pollution is the presence of harmful substances in our environment that harm living organisms. The word "pollutus" is derived from the Latin word "pollution" meaning blot, blotch or blotch. According to Liptak: Pollution is a physical, chemical or environmental change that affects people's quality of life, thus affecting the behavior and beauty of other animals, plants and food. Environmental pollution is defined as the release of harmful substances or energy into the environment that harms living organisms, beneficial substances deteriorate natural beauties or harm the environment. With the development of human civilization, environmental degradation intensified. Organic concentrations that cause the formation of chemical or geochemical chemicals (dust, sediment, gravel, etc.) in the environment are called environmental pollutants. Any product in high concentrations that can harm the environment is considered a pollutant. Contaminants include metals, organic and inorganic chemicals from landfills, household and industrial waste, waste from nuclear power plants, heat from thermal power plants, and gaseous substances such as carbon monoxide, sulfur oxides, and nitrogen. There are various types of pollution, such as air pollution, noise pollution, water pollution, and soil pollution.

Air Pollution:

Indoor and outdoor air pollution can cause respiratory and other illnesses that can lead to serious illness and death. Particulate matter from ambient (external) air pollution causes lung cancer, heart disease, stroke, and acute and chronic respiratory diseases in both urban and rural areas. Air pollutants damage the plant's chlorophyll and interfere with photosynthesis by entering through the stomata (the pores in the leaves into which the stomata enter). The stomata remain wide open throughout the day to promote photosynthesis. Air pollutants affect plants by penetrating the leaves more during the day than at night. The cuticle protects against excessive moisture loss and damage from pests, diseases, drought and frost. Necrosis (dead leaf areas) is caused by damage to the leaf structure. Injury leads to plant death. In addition to leaf discoloration, sulfur dioxide can cause choruses, damage and necrosis.

Water Pollution:

Water is considered polluted when its quality or composition is altered directly or indirectly by human activities and is unsuitable for use. Water pollution is defined as any physical, biological or chemical change that affects living things or makes water unsuitable for a particular application. The main causes of water pollution are direct and indirect sources, among other sources. Factories that discharge contaminated water directly into the sea or river are examples of direct pollution as they discharge wastewater directly into the water. People in developing countries do not depend on rivers and streams for drinking water. Swimming or entering contaminated water can cause illness and death. Air pollution can also cause acid rain, which can harm wildlife, especially by polluting lakes, streams, and shorelines and making everything in and around them toxic.

Noise Pollution:

Traffic jams, the sound of trains and planes flying overhead, the noise of  the crowd, the work of the workplace and the operation of electronic devices make us forget. Today, noise is considered as a serious disturbance that affects the quality of life of people, especially in the environment, and is considered as an adequate pollution. When noise affects the environment, it becomes a pollutant that affects people's health, activities and intelligence. The noise environment can be divided into two broad categories, natural and anthropogenic.Natural sources are associated with things like lightning, storm clouds, volcanic eruptions, earthquakes, storms, and the sound of ocean waves. Man-made objects: Sounds that people make as a result of their work and activities, such as factories, cars, and musical instruments. There are various causes of noise pollution in industrial complexes. Urbanization and industrialization have increased noise levels in almost all urban areas. Vehicle-related noise is one of the most common sounds in our environment today.

Land Pollution:

Soil is the source of all life on Earth, including humans, animals and plants. Here, "soil pollution" refers to deforestation, abandonment, non-treatment of toxic substances in the soil, removal of pollutants, toxic substances and wastes, and land pollution. Apart from the global environment, groundwater contamination also affects the quality and quantity of groundwater. Soil pollution destroys vegetation, spreads to the surface and soil, and affects animal life.

Constitutional Provision related to environmental protection:

Indian judges created a disciplinary website to protect human rights and environmental justice causes by encroaching on fundamental rights, important role of state law  and culture exist in Indian law  to remind people. and the state is a pious duty to protect nature.  The jurisdictions for many of these important laws spanned  and have proven effective in promoting environmental justice in India.

1. Article 14: It gave the right to equality and stated that the state should not deny equality and equal protection of rights before the law in India. National authorities cannot make arbitrary decisions. It said the state's actions on the environment would not violate the equal rights enshrined in Article 14 of the Indian Constitution. Even  the Stockholm Declaration of 1972, It recognized the principle of equality in environmental management. The first principle of the Declaration states: “People have the fundamental right to liberty, equality and an adequate standard of living in favorable conditions for leading a life in dignity and health.

2. Article 19: Article 19(1)(g) of the Indian Constitution balances the right to development with the right to a clean and healthy environment and guarantees freedom, but also sets out why this law is needed. limit. Certain commercial or industrial activities pose risks to vegetation, animals, waterways and human health. Transactions or undertakings that violate the rights of animals, plants or people are not covered by the Basic Law. The right to work, labor and occupational freedom are subject to the provision that they do not pollute the environment.

3. Article 21: All actions that harm the environment and harm the health of humans and animals violate the right to  health and violate the right recognized in Article 21 of the Constitution of India . Right to pollution  Protection from environmental pollution is a fundamental right within the right to life.

4. Article 32 & 226: Articles 32 and 226 of the Indian Constitution give general jurisdiction over constitutional matters to the Supreme Court and the Supreme Court. Specifically, Article 32 provides that the Supreme Court has the power to issue "directions, orders or written instruments" to exercise fundamental constitutional rights. According to Article 226 of the Indian Constitution, any citizen can appeal a Supreme Court decision regarding the protection of fundamental rights. A clean environment is regarded as a fundamental right under Article 21, and the state is responsible for providing a clean environment to its citizens, and can exercise its jurisdiction only when the state violates this right.

5. Article 39: Article 39 of the Law on Distribution and Management of Natural and Man-made Resources is used only in a way that does not cause environmental imbalance and health risks.

6. Article 42: Article 42 of the Constitution authorizes the state to enact laws on fair labor, human rights and maternity benefits. The state wanted justice and jobs for people who could thrive in a clean environment.

7. Article 47: It is stated that the state should play the main role in promoting the food supply of people and improving public health and living conditions, and that the state should strive to ban alcohol and drugs for health unless they are used medicinally. . Improving public health is the responsibility of the state. Article 47, calls on the State to fulfill its primary responsibility to take care of the health of its citizens and to take necessary and effective measures to improve their living conditions and food quality. The development of public health is fundamental to the environment, as many environmental hazards pose a serious risk to human health. The drafters of the Constitution focused on promoting people's health, which is more important than protecting human life.

8. Article 48: Article 48 regulates the conservation of cattle and cattle and other cattle that contribute to maintaining the ecological balance in Russia.

9. Article 48 A: Article 48A specifically deals with the protection of the environment in the 42nd Amendment Law No. It is the state's responsibility to protect and improve the environment, and to protect forests and wild animals.

10. Article 49: Article 49 states that the State must protect any monument, historic site, or object of historical significance declared to be of national importance by a law passed by Parliament.

11. Article 51 A(g): Article 51A(g) of the Constitution specifically stipulates that the primary responsibility of all citizens is to protect and develop the natural environment, including forests, lakes, rivers, and wild animals, and to exercise patience toward living things. For this reason, it is argued that the elements of the environment, ecology, forests and wildlife should be separated from each other due to national health and differences between states obliged by law to fulfill these obligations.

12. Article 246: Article 246 of the Constitution divides the legislative powers between the Union and states. List I includes Defense, Foreign Affairs, Atomic Energy, Interstate  Freight, Shipping, Air Freight, Oil Fields, Mines, and Interstate Rivers. State List (List II) includes Health and Welfare, Agriculture, Water Resources, Water Resources and Water Resources, Fisheries. List Concurrent List (List III) is not included in Union List Population Management and Factories, including Forestry, Wildlife Conservation, Mines and Minerals and Development, as the State and the Union can make laws. Distribution of legal rights is an environmental issue – some environmental issues such as sanitation and waste disposal are best left to the area; others, such as water pollution and wildlife protection, are better than national laws.

13. Article 253: Section 253 states that Congress has the power to enter into treaties, agreements, or arrangements with other countries for all or part of the state. This article shows in simple terms that since the 1972 Stockholm Conference, Parliament has had the power to legislate anything related to environmental protection.

Many factors are now out of our control and causing damage. Water and air pollution damage nature and affect our health. Thus, the Constitution recognizes the right to health and obliges the state to work to improve the health of the Indian population. The link between environmental degradation and India's major problems is often overlooked. It is worth noting the relationship between environmental degradation on the one hand and medical and social problems on the other. The poor and illiterate are particularly vulnerable to environmental pollution.

Stages in Environmental Protection:

The relationship between environmental protection can be divided into three levels Way:

1. At the first level, the law is mainly the national law, the law with the wider environment, and the declared meaning or agreement defines the environmental values ​​to be protected. and protected.

2. In the second phase, environmental policy defines the objectives and strategies that should use to ensure respect for environmental values, including economic, social quality and culture. 

3. In the third stage, legal instruments are used to achieve the objectives set out in Environmental Policy. The content of these tools can be economic, political, social or academic.      

Conclusion:

There are currently amendments to the Indian Constitution and various measures have been taken to protect the environment from jurisdictions. But despite laws, regulations and rights, environmental protection and preservation is still a big problem. Big social problem to watch out for. We have many federal and state laws that affect the environment and are difficult to enforce. To fulfill the important task, there must be an environmental protection law that must be enforced. The Crime Commission has sufficient power to take strict action against perpetrators; should be given sufficient authority to make decisions. For these numbered laws to be effectively and efficiently enforced, numbered environmental courts must be established in each locality. Judges can act and oversee the work, to hurry up and speed up the process, but it must be initiated by the public. Finally, not only government responsibilities, but citizens also need ideas to protect, control and conserve the environment. For this reason, the efficiency of the legal system and other environmental laws required for environmental protection and ecological balance will not be affected. There are quality and environmental protection laws in Indian law. However, rapid urbanization and industrialization have increased water, air and soil pollution. Rapid urban development leads to overcrowding and slums, which face serious problems of poverty, poor sanitation, unemployment and serious crime. Similarly, industrialization leads to environmental degradation as polluting industries emit toxic gases. This pollution is the main cause of extinction of many biological organisms and degradation of biodiversity. Public indifference to pollution control is another cause of environmental pollution. Knowing the different environmental projections for a population can keep an ecosystem in balance at a certain level.

References:

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