Article 21 of the constitution of India provides for the right to life and personal liberty. It states that “no person shall be deprived of his life or personal liberty except according to procedure established by law.”In Rural Litigation and Entitlement Kendra v State of UP1, also known as the Dehradun quarrying case, the Supreme Court of India has held that pollution caused by quarries adversely affects the health and safety of people and hence, the same should be stopped as being violative of Article 21.In this case, the Supreme Court for the first time held that the right to wholesome environment is a part of right to life and personal liberty guaranteed under Article 21 of the Constitution.
Further, in the case of Subhash Kumar v State of Bihar2, again the apex court held that the right to get pollution free water and air is a fundamental right under Article 21. Following this decision, the right to pollution free environment was incorporated under the head of right to life and all the law courts within the Indian territory were bound to follow the same. This laid down the foundation of environmental litigation in India.
Similarly, public health and ecology3 were held to be the priorities under Article 21 and the constitution of a green bench4 was also ordered by the Supreme Court.
In the case of Ratlam Munipality v Vardicharan5, where the problem of pollution was due to private polluters and haphazard town planning, it was held by the Supreme Court that pollution free environment is an integral part of right to life under Article 21.
1. r l e k v state of u. p. AIR 1985 SC 652
2. vellore citizen’s welfare forum v UOI AIR 1996 SC 2715
3 subhash kumar v state of Bihar 1991 SC 420
4 vellore citizen’s welfare forum v UOI AIR 1996 SC 2715
5.ratlam municipality v vardicharan AIR 1980 SC 1622
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