Summary of Recent judgment

Case: Virender Gaur v. State of Haryana (1995) 2 SCC 577



Date of Order / Judgment: 8th August, 2024

The Matter Heard by Bench: Justice K. Ramaswamy, Justice M. N. Venkatachaliah, Justice S. C. Agarwal

Background
  • • In the landmark case Virender Gaur v. State of Haryana, the Supreme Court of India confronted the critical issue of whether the right to life under Article 21 of the Indian Constitution includes the right to a clean and healthy environment. The petitioners, led by Virender Gaur, challenged the State of Haryana's inadequate measures to control environmental pollution, arguing that such negligence infringed upon their fundamental rights.
Issues
  • 1. Whether the right to life under Article 21 of the Indian Constitution encompasses the right to a clean and healthy environment.
  • 2. The extent of the State’s duty to maintain ecological balance and ensure a hygienic environment.
Observation:
  • • The Supreme Court observed that the right to life under Article 21 is not merely a right to exist but includes the right to live in a healthy and clean environment. The Court recognized that the enjoyment of life and its attainment, including living with dignity, requires the protection and preservation of environmental quality.
  • • The Court reasoned that without a clean environment, the right to life is not fully realised. Therefore, hygienic environment is an integral facet of right to healthy life and it would be impossible to live with human dignity without a humane and healthy environment.
  • • The Court emphasized that the State has a fundamental duty to maintain ecological balance and ensure environmental hygiene. Environmental pollution, including air and water contamination, was deemed a direct threat to the right to live with dignity.
  • • The Court noted that any actions or omissions leading to environmental degradation and pollution would amount to a violation of Article 21. It highlighted the necessity for the State to not only protect but also proactively improve the environment to safeguard the health and dignity of its citizens.
Decision:
  • • The Supreme Court ruled in favour of the petitioners, affirming that the right to a clean and healthy environment is a fundamental component of the right to life under Article 21. The Court directed the State of Haryana to implement immediate and effective measures to address and mitigate environmental pollution and ensure ecological balance. The decision underscored the constitutional imperative for the State and local authorities to actively engage in environmental protection and improvement.

The Court recognised the right to clean environment. The ruling established that courts have the authority to enforce environmental rights as part of the right to life. The judgment significantly influenced also the environmental legislation in India. It reinforced the need for stringent environmental laws and policies to protect public health and ecological balance. It further encouraged the formulation of policies that prioritize sustainable development and environmental conservation.