Assertion of Right to Clean Environment in India

Abstract

Right to clean environment has been held to be implicit by the Indian Supreme Court in the guarantee of right to life under Article 21 of the Indian Constitution. Although the right was not expressly recognized in the Constitution the judiciary through creative interpretation has asserted this right. Bhopal gas tragedy, signing of international instruments for environmental protection and eco-sensitive approach of Indian judiciary all together have led to assertion of right to clean environment and it’s further strengthening in Article 21 of Indian Constitution.

Keywords: environment, clean environment, Supreme Court of India, Bhopal gas tragedy