Introduction:

Climate has always been a significant factor for humanity to grow manifold over the years. Sustainable growth has been possible because of the presence of a conducive environmental scenario. Nevertheless, it has also been impacted adversely by the ongoing developments in the industrial sector and real estate maneuvers. There is a dire need at this juncture to make the needs of the society compatible with the environmental system to move in the direction of a sustainable developmental process. The international community has collaborated umpteen times to sort out the ways for such developmental goals to be achieved in times to come.

 

Many a time and opt, the global temperature levels have been oscillating like a pendulum and giving rise to the stumbling blocks in the ecological balances worldwide. We are witnessing exponential exploitation of resources that we use every day for our survival. The ecosystems of the earth remain paralyzed in the wake of an ongoing decrease in the green cover. Such an imbalance has also created numerous health hazards for the creatures of this earth. In the coming years, impoverished countries will face the catastrophic scarcity of water resources, breathable air, etc. These elements are of great importance to survive magnificently. The United Nations continues to harp on ecological predicaments, to develop roadmaps seeking necessary measures to mitigate the crisis collectively.

 

 In the eastern region of our country, the temperatures are dipping as low as -15 degrees. While in states like Rajasthan and Uttar Pradesh, the temperatures are soaring as high as 48 degrees. Accordingly, we have seen natural disasters affecting large populations. In the southern Indian states, Telangana witnessed extreme temperatures in the year 2002-03. The north-eastern region of our country had also been through floods making thousands of people homeless and physically affected.

 

At the international level, steps to enact the decisive conventions and protocols aim to mitigate the devastation of nature. Suffice it to say, the agreement of Paris needs special mention over here as it has made provisions to palliate such imbalances by taking the uphill task of decreasing the universal temperature to less than two degrees Celsius. All the signatories to this pact commit to finding ways to meet this requirement as mentioned hereinabove. one cannot ignore the historic Kyoto protocol that also got a binding force to decrease the impact of hazardous gases-centric norms. The developed nations have a significant role to play by taking the lead and sensitizing other parts of the world concerning such protocols to be adhered to under all circumstances.

There must be a mention of sustainable development goals 2030 over here wherein the objectives to achieve the protection of the environment by the end of the year 2030 have been laid. India is also committed to cutting down with its CARBON FOOTPRINT to thirty-six percent by the year 2030. The pact signed in Copenhagen is also a theoretical milestone in this direction without any pragmatic trajectory of actions established.

Having mentioned that, it could be anticipated that, in times to come, there is likely to be an unprecedented increase in the floods-like situations that may cause massive destruction of the people and property. Such imbalances may also impact the degrading of soil, destroying the productions of food items in abundance. There may be an increase of high tides in the oceans forcing the nearby residents to migrate. Accordingly, the rehabilitation may give rise to the overcrowding scenario.

 

As far as India is concerned, there have been acts and legislations concerning the protection of water, air, and wildlife. Various measures have been made available to protect and preserve natural resources through justified accountability, permissibility, and liability. The supreme court of India has interpreted Article 21 of the Constitution of India in the context of living in a congenial environment free from all sorts of pollutants. Right to life under article 21 of the constitution of India means a life of dignity to live in a proper environment free from dangers or diseases and infection. Maintenance of health, preservation of sanitation, and environment have been held to fall within the purview of article 21 of the constitution of India.

 

As far as the apex court of our country is concerned, it has also given an in-depth space to article 21 to consider the importance of a pleasant environment for the survival of humanity. The right to live with dignity does also mean living in a pollution-free environment. As to maintain the health of the people, the living conditions do play an important role. 

There have been numerous cases decided by the supreme court of India wherein the right to life has been interpreted in the context of the right to live in a pleasant environment. Accordingly, the health of the people could give rise to improvised economic growth.

 

In a noted case Bandhua Mukti Morcha v Union of India AIR 1984 SC 802, the ambit of article 21 of the constitution of India extended to consider the health aspect of the right to health and personal liberty as a significant ingredient to be incorporated into the said article.

In another noted case, State of Madhya Pradesh v Kedia Leather Liquor limited 2003 (7) SCC 389, the supreme court of India held that the pollution caused by polluted water and the air is violative of Article 21 as provided by the constitution of India. Be informed that it has given new dimensions to article 21 by making it more accessible to the people in achieving a pollution-free environment. Despite the proactive stance shown by the apex court of our country, there still are many steps to be taken by the concerned stakeholders in the right direction to comply with the internationally established norms about climate change.

 

At this juncture, it would be sufficient to say that, on the domestic front, the enforcement mechanisms need to be more stringent and compatible with the international norms. However, there is a need for a robust system to oversee work progress. The people must become sensitized to make them aware of their responsibilities towards making the planet earth a better place to live. Protecting the ecosystem has also been considered a pious activity in our ancient culture and traditions. Earth is like our mother protecting us from all dangers. Therefore, it also becomes our foremost duty to protect her by not polluting her at the behest of our so-called worldly comforts and economic pursuits. I believe it is our Bhagidari through which we all can go beyond the protocols and conventions. Being more dutiful and proactive in doing whatever is supposed to be done and saving natural resources to make this planet earth a better place to live.

 

Prof. Rahul Mishra
Assistant Professor
Alliance School of Law