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A Legal Framework to Protect Right to Environment as a Human Right: A study with reference to India.

  • Unique Paper ID: 172677
  • Volume: 8
  • Issue: 10
  • PageNo: 701-706
  • Abstract:
  • Human Rights are universal and fundamental in nature, but these rights are universally and legally recognized only after the United Nations organization. The UNO recognized and declared Human Rights on 10th December, 1948 through the Universal Declaration of Human rights and subsequently through the International Covenant on Civil and Political Rights, 1966 as well as International Covenant on Economic, Social and Cultural Rights, 1966. Human Rights include right to life and right health related with right to good environment. However no special importance is given to protect environmental rights in Human Rights Conventions. Indeed, Environment and human life are interconnected one to another. To lead a decent, dignified and a standard of human life, we need good environment, but due to over population, industrialization, urbanization and modernizations have made a significant impact on the environment more vulnerable. Perhaps, Human Rights focus may serve to secure higher standards of environmental quality, based on the obligation of states to take measures to control pollution affecting health and private life. Perhaps, at very first the Stockholm Declaration of 1972, then Rio- Declaration on Environment of 1992, the United Nations Frame work Convention on Climate Change etc.., were made several attempts to conserve and protect the human environment at the international level. As a consequence of the Stockholm declaration, the state parties are required to adopt separate legislative measures to protect and improve the environment. Based on the International Human Rights Conventions and International Environmental policies and programmes, the Government of India incorporated these Human rights and Environmental provisions in the Indian Constitution under Article 21, 51—A and 48--A and enacted the Protection of Human Rights Act and several Environmental protection Legislations also. Besides, the Indian Judiciary also made a significant role to protect the Human and Environmental Rights.
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  • ISSN: 2349-6002
  • Volume: 8
  • Issue: 10
  • PageNo: 701-706

A Legal Framework to Protect Right to Environment as a Human Right: A study with reference to India.

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