A comparative legal perspective and reflection on environmental safeguards

Dr Th Manimala Devi
Introduction
Environmental safeguard encompasses the ethical and legal responsibility to conserve biodiversity, manage natural resources sustai-nably, reduce pollution, regulate pesticide use and curb greenhouse gas emissions. These responsibilities are not merely administrative tasks but moral imperatives. The right to live in a clean and healthy environment is not a privilege. It is a fundamental human right. Every citizen must consider it their personal obligation to protect the environment. This urgency was recognized over five decades ago when the University Grants Commission, in partnership with other stakeholders, held a symposium in February 1971. The event concluded with a consensus that ecology and environmental concerns must be embedded within academic curricula at all levels. This was a pivotal moment, marking a nationwide academic acknowledgment of environ- mental protection as an educational priority.
Background
Over the past sixty years, the environmental crisis has deepened globally. Deforestation, loss of biodiversity and the accumulation of harmful substances in the air, water and food chains have compromised ecological balance and human health. These environmental setbacks are compounded by the increasing frequency of ecological disasters, underscoring our fragile dependency on life support systems. In response to these challenges, the United Nations convened the first global conference on environmental issues in Stock- holm in June 1972. The Indian Government played a proactive role and committed to taking concrete steps. This marked a turning point resulting in the formulation of legal instruments and institutional frameworks for environmental protection in India.
Constitutional Provisions and Environmental Laws in India
The Indian Constitution provides a strong foundation for environmental protection through a blend of fundamental rights, directive principles, and duties. These constitutional mandates not only empower the State to act but also place obligations on citizens to uphold environmental values. Below are key provi- sions relevant to safeguarding the environment:
Article 21-Right to Life
This Article guarantees the right to life and personal liberty. The Supreme Court has interpreted it expansively to include the right to a clean, healthy, and pollution-free environment. A degraded environment threatens human dignity and quality of life, making this article central to environmental jurisprudence in India.
Article 51A(g) -Fundamental Duty of Citizens
This provision makes it the duty of every citizen to protect and improve the natural environment, including forests, lakes, rivers, wildlife and to show compassion for all living creatures. It reflects the moral responsibility of individuals toward environ- mental conservation.
Article 48A - Directive Principle of State Policy
Inserted by the 42nd Amendment Act, this Article directs the State to pro- tect and improve the environment and to safeguard the forests and wildlife of the country. Though not justiciable, it provides valuable guidance for policy- making.
Article 14 - Right to Equality
This Article ensures equality before the law and equal protection of the laws. Courts have held that discriminatory exposure to environmental harm or unequal access to environ- mental resources can constitute a violation of this right.
Article 19(1)(g) - Right to Occupation
This Article guarantees the right to practice any profession or to carry on any occupation, trade, or business. However, this right is subject to reasonable restrictions, including those imposed for environmental protection in the interest of public health and welfare.
Article 32 - Constitutional Remedies by the Supreme Court
It empowers individuals to directly approach the Supreme Court to seek en- forcement of their fundamental rights, including environmental rights. This has enabled the growth of Public Interest Litigations (PILs) on environmental issues.
Article 226 - Writ Jurisdiction of High Courts
Similar to Article 32, this provision allows High Courts to issue writs not only for the enforcement of fundamental rights but also for any other legal purpose. Many landmark environmental judgments at the state level have emerged through writ petitions under this article.
Article 253-Legislation for International Agreements
This provision enables Parliament to make laws to implement treaties and international conventions. It forms the basis for India’s legislative actions following global environmental conferences such as the Stock- holm Conference (1972) and the Paris Agreement (2015).
Article 39(b) - Equitable Distribution of Re- sources
This directive principle urges the State to ensure that the ownership and control of material resources are distributed to serve the common good. It supports sustainable and inclusive development by discouraging the monopolisation of natural resources.
Article 47-Public Health as a State Duty
This Article mandates the State to improve public health and nutrition levels. Since environmental quality is directly linked to public health—through clean water, air, sanitation, and food safety—it reinforces the constitutional basis for proactive environmental governance.
These provisions establish a comprehensive legal framework that balances individual rights, State obligations, and civic duties. Indian courts have repeatedly interpreted and expanded these provisions to strengthen environmental protection. It is through the synergy of law, policy and public participation that India can secure a healthier and more sustainable environment for future generations.
Environmental Safeguard in the Global Scenario
Across the globe, unchecked pollution, defores- tation, and climate change are threatening health, food security and sustainable develop- ment. The burden of environmental degradation falls disproportionately on poorer regions, where livelihoods are closely tied to natural resources. Sustainable industrial growth depends on access to clean, affordable energy and efficient resource use. To meet the climate challenge, both public and private institutions must adopt climate- resilient policies and low-emission strategies. This necessitates not just technological innovation but also behavioural shifts toward responsible consumption and conservation. The Stockholm Convention on Persistent Organic Pollutants (POPs) is an example of global environmental commitment. Parties to the convention must adopt legal and technological reforms to limit the production and release of POPs, which are among the most dangerous pollutants affecting both human health and ecosystems. “Decoupling” economic growth from environmental degradation is now seen as critical. This involves reducing the environmental impact per unit of economic output, thus ensuring that development does not come at the cost of planetary health.
Environmental Safeguard in India-A Legal Perspective
India has enacted a series of robust environmental laws since the 1970s. The Environmental (Protection) Act, 1986 stands out as a landmark legislation passed in the wake of the Stockholm Conference and the Bhopal Gas Tragedy. It grants the central government sweeping powers to regulate all forms of environmental pollution and to set standards for emissions and discharges. Other significant laws include The Forest Conservation Act, 1980–Prevents deforestation and promote affores- tation. The Air (Prevention and Control of Pollution) Act, 1981- targets industrial and vehi- cular air pollution. The Water (Pre- vention and Control of Pollution) Act, 1974- aims to control water pollution and maintain water quality. Together, these legisla-tions form the bedrock of environmental governance in India. However, implementation and enforce- ment remain persistent challenges due to lack of awareness, resources, and political will.
Scenario in Manipur State
Manipur, known for its rich biodiversity and cultural heritage, faces a unique blend of environmental challenges. Rapid urbanisation, deforestation, jhum (shifting) cultivation and infrastructure projects such as road widening and dam constructions have disturbed ecological balance in several parts of the state. The Loktak Lake, a Ramsar wetland of international importance is under threat from pollution, encroachment and unregulated tourism. Degradation of forest cover in hill districts is causing soil erosion, altering rainfall patterns and leading to loss of wildlife habitats. Illegal sand mining from riverbeds like the Imphal River is another growing concern jeopardising aquatic ecosystems and water security. Despite having its own State Action Plan on Climate Change and a Department of Environment and Climate Change, public awareness remains low. Grassroots engagement and indigenous knowledge are essential for sustainable environmental governance in Manipur. Traditional community forest management systems, if supported with modern conservation tools, can play a pivotal role in ecological restoration.
Suggestions
1. Environmental Education and Awareness: Embed environmental studies as a compulsory subject from school to university level, with a focus on local ecosystems and indigenous practices.
2. Community Participation: Encourage village- level environmental monitoring committees with representation from women and youth to promote inclusive conservation.
3. Incentivise Green Practices: Introduce rewards for individuals, institutions and businesses that adopt eco-friendly measures such as rainwater harvesting, solar energy use and zero- waste models.
4. Strengthen Enforcement: Equip local autho- rities with better monitoring tools and legal training to implement environmental laws effectively.
5. Revive Traditional Knowledge : Protect and promote traditional ecological knowledge systems that have preserved biodiversity for generations in Manipur’s tribal communities.
Conclusion
The environment is not a separate domain to be handled by scientists, policy- makers or NGOs alone. It is a shared space- a common inheritance and a collective responsibility. Environmental safeguard is not merely a regulatory compulsion but a moral and civic duty. With constitutional provisions in place and global awareness rising, the time has come for each of us to act with urgency and commitment.
Manipur, with its vibrant ecosystems and deep-rooted cultural traditions, is uniquely placed to lead by example. By fostering environmental res- ponsibility among citizens and enabling community-driven conservation, the state can set a model for sustainable living. The future depends on our choices today. Let us make environmental protection not just a duty but a way of life.  
The writer is Assistant Professor, Department of Environmental Science, South East Manipur College, Komlathabi, Email: drmanimalthok@gmail.com