Environment protection under Constitutional Framework of India

Pooja P Vardhan
Contd from previous issue
 Decent standard of living and pollution free environment is inherent in 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 chapter on fundamental duties of the Indian Constitution clearly imposes duty on every citizen to protect environment. Article 51-A (g), says that “It shall be duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures.”
The Directive Principles under the Indian Constitution directed towards ideals of building welfare State. Healthy environment is also one of the elements of welfare State. Article 47 provides that the State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties. The improvement of public health also includes the protection and improvement of environment without which public health cannot be assured.
Article 48 deals with organization of agriculture and animal husbandry. It directs the State to take steps to organize agriculture and animal husbandry on modern and scientific lines. In particular, it should take steps for preserving and improving the breeds and prohibiting the slaughter of cows and calves and other milch and draught cattle. Article 48-A of the Constitution says that “the State shall endeavor to protect and improve the environment and to safeguard the forests and wild life of the country”.
(To be contd)