Protecting The Planet, Protecting People - The Role Of Environmental Law In Upholding Human Rights

Author: LawSphereX

Category: Constitutional & Human Rights

Published: 2026-08-23T20:48:22.151266+00:00

Updated: 2026-08-26T17:09:59.819+00:00

PROTECTING THE PLANET, PROTECTING PEOPLE: THE

ROLE OF ENVIRONMENTAL LAW IN UPHOLDING

HUMAN RIGHTS

Naman Jay Chaudhary & Ishani Pathak, Manav Rachna University, Faridabad

ABSTRACT

This paper will focus on the how to protect the environment in order to safeguard the basic human rights. Moreover, it contains both Indian and international purview linking these two fields and role of UN and various declarations and Indian landmark judgements and fundamental rights as per constitution of India. The paper is supported by subtopics like Right to clean healthy environment, access to natural resources its legal framework and challenges to implement them and corporate accountability for the environment harm, CSR followed by awareness and environmental education at global level. This paper also focuses on how international treaties, national regulations, and various judicial decisions are pivotal in ensuring equitable resources and their distribution, directing environmental justice and importantly promoting sustainable development.

By endorsing environmental laws, societies not only protect ecosystems but also promotes social justice, ensuring that jeopardy populations are not affected by any environmental harm. Environmental law set out as a bridge between ecological preservation and well beings of human, working in the direction of a just, sustainable, and a healthy planet for future generations.

INTRODUCTION -

Around seventy-four years ago, the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR). This document sketches out a wide range of fundamental rights and freedoms that everyone must has. When the people and planet face of new and evolving threats, we started thinking about the interlinked connection between human rights and the protection of environment. In today’s world, both people and the planet are facing unknown problems. It is important to recognize this link between human rights and the environment and also take different actions to protect them.

THE RIGHT TO CLEAN AND HEALTHY ENVIRONMENT-

The right to a clean and healthy environment recognised by the United Nations General Assembly on July 28, 2022. This right to a healthy environment or the right to a sustainable and healthy environment is counted under human rights to protect the ecological systems which ultimately provide human health. the right to a healthy environment is indeed a crucial angle of human rights defence, especially for environmental defenders such as land defenders, water protectors, and indigenous rights activists. This right is closely linked with other rights, such as the right to clean water and sanitation, the right to food, and the right to health.

The main aim revolves around to protecting environmental quality by focusing on human rights and the impact of adverse conditions of environmental degradation on individual rather than traditional ways which only give importance to state as well as nature itself. Moreover, it is the duty of the state to make and enforce environmental law in order to provide justice to the people who suffers from environmental harm. The right to a healthy environment includes several essential elements- ● Clean Air: Ensuring that the air quality is safe for human health. ● Safe and Sufficient Water: Access to clean and adequate water for drinking and sanitation. ● Healthy and Sustainably Produced Food: Availability of food that is safe and produced in an environmentally sustainable manner.

● Safe Climate: Protection from the adverse effects of climate change. ● Healthy Ecosystems and Biodiversity: Preservation of ecosystems and biodiversity to support human life

INDIAN SENARIO –ARTICLE 21-

Right to clean and healthy environment has been inserted under the ambit of article 21 of the constitution of India by the judicial decisions. This article provides the broader meaning to right to life and personal liberty. In F. K. Hussain vs Union of India and Ors, 1990 case it was recognised that right to health is a part of the right to live under Art. 21, the Kerala High Court has held that the right to clean water and air are part of the right to life. Then Municipal Council, Ratlam vs Shri Vardhichand & Ors, 1980 was one of the first cases which contributed to the extension of range of environmental protection. In this case a petition was filed by the residents of a municipality in Ratlam against the municipality that it is not constructing proper drains which results stinking due to the excretion by nearby slum-dwellers.

The Supreme Court state that Right to life includes “Right to a wholesome environment” and thus residents also have the right to exercise this against State. It recognised the influence on poor environment and impel the municipality to build proper sanitation and drainage system. The Supreme Court played a proactive role in the disposal of the cases and made sure that the Fundamental rights of the citizens are not violated, by giving wide implication to Right to life under Article 21. the Right to a clean environment is indeed a collective right which benefits both present as well as the future generations.

This perspective line up with the principles of sustainable development and led to principle of intergenerational equity, which aims that the current generation is responsible to manage natural resources in such a way that does not compromise the ability of future generations to meet their own needs. Moreover, in international law, this concept of right to clean environment is supported by different treaties and declarations, like Stockholm Declaration (1972) and the Rio Declaration (1992), which highlight the need of protecting the environment for the good of all humans.

ACCESS TO NATURAL RESOURCES AND HUMAN RIGHTS-

In India, the access to natural resources and human rights are closely related, as natural resources plays an essential role in the surviving of millions, mainly to deprived communities; ● Rights of land and forest The rural population of India. Especially the indigenous communities also called Adivasis depends completely on land and forests for their means of living and survival. The scheduled tribes and other traditional forest dwellers (recognition of forest rights) act, 2006(FRA)- this act helps to correct historical unfairness by acknowledging the rights of forest dwelling communities, however, implementation remains bumpy.

In many circumstances, land acquisition for development projects like mining, construction of dams, and projects for expansion of industries, has led to large scale relocating often without sufficient compensation of rehabilitation, or violating the rights of these communities.

● WATER ACCESS

The access to clean and safe drinking water is a fundamental right recognized by the United Nations, India water access is still a major issue, extremely in rural areas. Over extraction of groundwater, polluted rivers and unequal distribution intensify the problem. While policies like the national rural drinking water programme, this seeks to ensure safe water for all, many deprived communities still struggle for basic water access, leading to public health emergency and violations of their human rights. ● Right to environment and air quality The right to a clean environment is recognized as a part of the fundamental right to life under article 21 of the Indian constitution. However, the degradation of environment, deforestation, pollution, also urbanization have adversely affected impact on health of pubic and their livelihoods.

The rapid growth of industries has contributed to critical issues of air quality, extremely in cities like Delhi, affecting millions of peoples their right to health. While the judiciary has taken some measures to address these issues, like the National green tribunal (NGT) its rulings and enforcement is still challenged.

● Mineral resources India is affluent in mineral resources, but the extraction process has frequently has been connected with violation of human rights. Communities living areas of mining, especially in states that are mineral enriched like Jharkhand, Chhattisgarh and Odisha they face problems like relocating and replacement, issues like loss of livelihood, environment degradation and poor labour conditions. The mines and minerals (development and regulation) act,1957 aims to govern the mineral resources, but has been criticized for nor adversely implementing the social and environmental impacts on local population.

LEGAL FRAMEWORK AND INTERNATIONAL OBLIGATIONS-

● India is a testifier to specific international human rights agreements, such as the International Covenant on Economic, Social and Cultural Rights (ICESCR), which highlights the right to an adequate worth of living, including access to resources like food, water, and shelter. The government’s legal framework, including the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Land Acquisition Act), that aims to defence these rights. However, challenges endured in balancing the economic development with the rights of those who are touched by the exploitation of resources.

CHALLENGES & CONFLICTS-

● Relocation: Development projects like, mining, and infrastructure expansion frequently out turn in the displacement of indigenous and rural communities. Human rights activists quarrel about the consent from affected communities that are often detour or incorrectly acquired. ● Corporate liability: Multinational corporations and local industries occasionally participates in activities that result in environmental degradation and violation of local community rights. There have been occurrence of inadequate regulation and fragile implementation of environmental and labor laws. ● Judicial Interference: India’s judiciary has played an important role in upholding human

rights in accordance to natural resources. Cases relating to environmental protection, the rights of forests, and land acquisition have customarily been directed by courts, though carrying out of judgments remains a happening grapple.

CORPORATE ACCOUNTABLITY FOR ENVIRONMENT HARM-

Corporate accountability for environmental harm mainly refers to the responsibility of businesses and corporations to ensure that their operations do not cause excessive damage to the environment. This topic balances both legal and ethical obligations that has been moulded by growing awareness of environmental issues like pollution, climate change, and depletion of resources. Key aspects include: ● Governments have expanded laws and regulations to hold corporations accountable for environmental harm. These include various international agreements, national laws (e. g. the U. S. Clean Air Act, India's Environmental Protection Act), and regional policies. Corporations faces fines, penalties, or lawsuits if they violate these regulations. ● Environmental, Social, and Governance (ESG) Criteria: Investors progressively acknowledge ESG factors when assessing companies.

Environmental sustainability is also included in this, and companies are anticipated to adopt answerable practices like decreasing emissions, waste management, and use of sustainable resource. ● Corporate Social Responsibility (CSR): Apart from legal obligations, many companies voluntarily take measures to address the environmental issues, such as adopting sustainable practices, reducing carbon footprints, and participating in reforestation or the efforts for conservation. CSR initiatives are a method for companies to signify their commitment to environmental conservation. ● Public and Market coercion: Consumers, investors, and activists applies pressure on corporations to be more environmentally responsible. Social media campaigns and boycotts can hold companies accountable, while ethical commercialism uplifts businesses to adopt green practices.

● International Standards: Various international frameworks, like the Paris Agreement and the United Nations’ Sustainable Development Goals (SDGs), encourage or require businesses to alleviate their environmental impact, especially concerning about the carbon emissions and sustainability. Overall, the corporate accountability for environmental harm requires stabilizing gains with environmental responsibility, legal compliance, and societal expectations.

ENVIRONMENTAL EDUCATION AND AWARENESS AS A HUMAN RIGHT-

Environmental education and awareness are important instruments for promoting sustainable development, ecological integrity, and social justice. Acknowledging them as human rights means that every individual shall have the knowledge, skills, and values that are must to participate in environmental protection and sustainability efforts. This concept has been gaining incentive in international legal frameworks and human rights discussions due to the growing threats posed by the climate change, the loss of biodiversity, pollution, and the depletion of natural resources. Let’s explore this context in detail; International Recognition of Environmental Rights- UN Declarations: The United Nations has played an important role in encouraging environmental awareness and education as part of human rights.

The 1972 Stockholm Declaration on the Human Environment was one of the first global documents maintain the relationship with environment to human rights. It established the idea that humans have a responsibility to protect and improve the environment for present and future generations without compromising the needs for today’s generations. The 2015 Paris Agreement: This agreement emphasizes the part of education and public awareness in addressing climate change. Article 12 of the agreement implies on all parties to cooperate in promoting environmental education and public engagement according to their climate action plans. UN Special Report on Human Rights and the Environment: In 2021, the UN acknowledged a clean, healthy, and sustainable environment as a fundamental human right. This recognition connects straightly into the need for environmental education and awareness because people

need to understand the severe environmental issues to effectively protect and implement these rights.

ENVIRONMENTAL EDUCATION IN HUMAN RIGHTS FRAMEWORK-

Environmental education encircles the teaching of principles and practices that establishes sustainable interaction between humans and the natural environment. It includes knowledge of ecosystems, biodiversity, climate change, natural resource management, and pollution. Environmental awareness is the enlightened understanding of the environmental impacts of human activities and the societal interference of environmental degradation. Including these within human rights structure suggests that people are entitled to education that enables them to: ● Understand the Interrelationship: between human rights and environmental health. ● Access Environmental Information: which is crucial for public participation in decision-making processes. ● Indulging in Environmental Decision Making and in their communities at governmental levels.

● Enjoy a robust Environment: where clean air, water, and soil are considered part of their innate rights.

ENVIRONMENTAL EDUCATION AS A MEANS TO ADDRESS INEQUALITY-

Environmental harm extremely affects vulnerable populations, including deprived communities, women, and indigenous peoples. Mainly, these groups have limited access to education, environmental information, and decision-making processes. Education and awareness can overpass these spaces by: ● authorizing marginalized groups to demand accountability from governments and corporations. ● Equipping communities with knowledge of sustainable practices. ● Promoting eco-literacy among citizens so they can advocate for and exercise

sustainable development. ● The incorporation of environmental education in formal and informal education systems can help mark environmental injustice and promote equity. For example, amalgamating climate change studies into school programs and studies can help future generations better understand and battle the crisis.

LEGAL OBLIGATIONS OF STATE -

Admitting environmental education as a human right also sets obligations on governments to provide the necessary education network. This could involve- Embodying Environmental Topics into National programs: Governments shall secure that environmental education is a part of both primary and higher education. Topics such as biodiversity, climate change, pollution, and conservation should be included to raise awareness among young people. Public Awareness Campaigns: Governments are accountable for organizing public awareness programs, especially in areas that are highly affected by environmental issues such as deforestation or air pollution. Encouraging Public Participation: Governments shall make trouble free conditions for citizens to indulge in environmental decision-making by developing platforms where environmental knowledge and concerns can be shared.

CHALLENGES IN IMPLEMENTATION-

Regardless the recognition of environmental education as a critical right, there are various challenges in implementing it globally: Lack of Resources: Many expanding countries lack the financial or technical resources to implement strong environmental education programs. This creates an inconsistency in how much environmental knowledge is available to people. The Political Will: governments may be unwilling to promote environmental education if it challenges the economic or industrial status quo. hostility to climate change science

or sustainable practices can be the result in the suppression of educational efforts. Cultural and Social Barriers: In some societies, environmental issues are not seen as a priority due to instant socio-economic concerns such as poverty or conflicts. Efforts need to be traditionally sensitive and adjusted to the local needs to be effective.

ENVIRONMENTAL EDUCATION AND GLOBAL COOPERATION-

The global nature of environmental issues, such as climate change and biodiversity loss, have need of international cooperations on education and awareness efforts. This mainly involve: Cross-border Environmental Campaigns: Nations can cooperate on educational programs that give lessons to citizens about collective ecosystems, such as river systems, forests, and oceans. International Environmental Movements: Global NGOs like Greenpeace, the World Wildlife Fund (WWF), and Fridays for Future work to raise awareness and educate citizens on environmental issues, while advising for policy changes at international levels. Support for Developing Nations: Developed nations can aid developing countries by accommodating financial and technical resources for environmental education. This support is crucial to building global environmental refinement.

CONCLUSION-

In conclusion, the intersection of environmental law and human rights is critical in meeting up the challenges faced by marginalized sections of India. With the help of effective environmental legislation, we can not only protect natural resources but also safeguards the fundamental rights of individuals, particularly the right to a healthy and clean environment under Article 21 of the Indian constitution. This legal framework is important to hold corporations accountable for environmental damage and ensuring that development steps do not infringe upon the rights of vulnerable groups and communities by implementing human rights principles into environmental governance, we can create a system that prioritize ecological sustainability as well as social justice.

Strengthening legal protections and fostering public awareness are vital steps in promoting a positive approach that balances the development with the protection of

human rights and the environment. Ultimately, by putting efforts individually and as a whole world we can make this planet a better place to live people where the rights of all harmonizes with environment.