INTERSECTION OF HUMAN RIGHTS AND ENVIRONMENTAL LAW

By Jayati Khatter and Ritika Priyadarshini,
Students,BBA. LL.B(Hons.), School of Law, Manav Rachna University
Email: jayatikhatter2002@gmail.com / ritikamishra2001@gmail.com

ABSTRACT

This research paper explores the intersection between human rights and environmental law, highlighting their interdependent relationship. It begins with an introduction to the growing recognition that a healthy environment is essential for the realization of fundamental human rights. An overview of human rights and environmental law is provided, explaining their common goals of safeguarding human dignity and ecological balance. The development of environmental law in India is traced, focusing on its evolution through judicial interventions and legislative efforts. The paper delves into the symbiotic relationship between human rights and environmental law, examining how environmental degradation threatens the enjoyment of human rights. Key international treaties and conventions, such as the Stockholm Declaration, the Rio Declaration, and the Paris Agreement, are discussed to underscore global efforts in environmental protection. The paper also reviews Indian legislation and landmark cases, including the Bhopal Gas Tragedy and the Vellore Citizens Welfare Forum case, which have shaped environmental jurisprudence. The conclusion offers suggestions to strengthen this intersection by emphasizing the need for stronger enforcement mechanisms and integrating human rights into environmental policies.

Keywords- Human rights, Environmental law, Indian legislation, Sustainable development, international treaties, Judicial intervention etc.

I. INTRODUCTION

The environment and human rights are inextricably linked: while dirty, dangerous, and unhygienic surroundings may violate our human rights, safe, clean, healthy, and sustainable environments are necessary to enjoy our rights.[1] Human beings are among God’s highest creations. They’re blessed with an inherent right to enjoy the environment when born. However, like any other right, there is also a correlated duty, which must be considered.

Human rights are those rights possessed by all people merely by being human, regardless of their economic status or background. They are constructed based on equality, dignity, and mutual respect. Any declaration of a human right to environmental circumstances of a particular quality is referred to as an environmental right. This indicates that they are observable, noticeable, and essential components of society and its ecology rather than abstract, far-off, meaningless notions. The right to a healthy environment is protected by the constitution in more than 100 countries. Human health and well-being are negatively impacted when environmental rights are infringed, as is the state of the earth.

The UN General Assembly (UNGA) passed a resolution on July 28, 2022, stating that every person on the earth has a right to a safe environment. Many stakeholders mobilized for decades before this historic decision was made. The resolution asks governments, nongovernmental organizations, and commercial companies to step up efforts to guarantee a healthy environment for everybody. It is based on a similar text that the Human Rights Council endorsed in October 2021.

The resolution recognizing the human right to a clean, healthy, and sustainable environment was adopted by the General Assembly (GA), the main UN policy-making body. This was a historic moment that sent a strong message that there is widespread support for this right, which is already recognized at the national and regional levels in 156 countries.

States' dedication to environmental issues, years of advocacy and cooperation by national human rights institutions, civil society organizations, Indigenous Peoples, children and youth, and business actors, among others, culminated in the resolution of the right to a healthy environment, which was also backed by UN bodies.[2]

II. HUMAN RIGHTS

Human rights are principles that uphold the worth and dignity of every individual. Individuals' lives in society, their relationships with one another, their connection with the State, and the State's obligations to them are all governed by their human rights.

Governments are prohibited from doing certain things under human rights law and are required to do other things. People also have obligations: in exercising their human rights, they have to respect others' rights. Nobody has the authority to act in a way that infringes on the rights of another government, organization, or individual.

III. NATURE OF HUMAN RIGHTS

i. Universal and Inalienable- Universal and unalienable are human rights. Every person on the planet has a right to them. Nobody can willingly give them up. They cannot be taken away from him or them by others.

ii. Indivisible- Human rights cannot be divided. Civil, political, economic, social, and cultural aspects are all inherently linked to the dignity of every human. As such, their status as rights is equal for all of them. A’ small' right does not exist. The hierarchy of human rights does not exist.

iii. Interrelated and Interdependent- The fulfillment of one right frequently depends, entirely or partially, on the fulfillment of other rights. For example, the fulfillment of the right to health could be contingent upon the fulfillment of the right to education or the right to information.

iv. Equality and Non-Discrimination- Due to the intrinsic dignity of every human being, all people are equal to fellow humans. According to the human rights treaty bodies, every person has the right to exercise their human rights without facing any form of discrimination based on their race, color, sex, ethnicity, age, language, religion, political opinion, national or social origin, disability, property, birth, or any other status.

v. Participation and Inclusion- Every individual and every person has the right to actively, freely, and meaningfully contribute to and enjoy the fruits of civic, political, economic, social, and cultural development, which enables the realization of fundamental freedoms and human rights.

vi. Accountability and Rule of Law- Human rights documents provide legal norms and standards that States and other duty-bearers are required to abide by. If they do not, harmed parties have the right, in line with the legal guidelines and processes, to initiate proceedings for suitable redress before a competent court or other adjudicator.[3]

Human rights are inherent to our existence as human beings and are not bestowed upon us by any political entity. All people have these fundamental rights, regardless of their gender, race, nationality, ethnicity, colour, religion, language, or any other characteristic. They include the most basic, the right to life, as well as those that are essential to a fulfilling life, like the rights to food, shelter, employment, health care, and liberty.

The first official text outlining fundamental human rights to be universally protected was the 1948 UN General Assembly's adoption of the Universal Declaration of Human Rights (UDHR). On December 10, 2023, the UDHR will celebrate its 75th anniversary as the cornerstone of all international human rights law.[4]

IV. ENVIRONMENTAL LAW

The word "environmental law" refers to a broad category of legal doctrine that emphasizes safeguarding human health, the environment, and natural resources. It is a complicated network of laws, rules, and policies intended to deal with matters like waste management, pollution control, and the quality of the air and water.

Protecting human health, maintaining the environment for current and future generations, and promoting sustainable development are the three main goals of environmental legislation.[5]
Environmental law addresses a broad range of issues, including waste management, chemical safety, air and water quality, endangered species protection, and trash management. These regulations aim to avoid environmental contamination and reduce the negative effects of human activity on the environment.

Environmental law at the international level includes global environmental accords that tackle global concerns including biodiversity preservation, ozone depletion, and climate change. National governments and international organizations frequently work together to negotiate and carry out these agreements.

A legal framework made up of tenets, guidelines, rules, and laws established by various local, national, and international entities is known as environmental law. Its goal is to protect and preserve the environment while ensuring that it is suitable for the current and upcoming generations.[6]

"A collective body of rules and regulations, orders and statutes, constraints and allowances that are all concerned with the maintenance and protection of the natural environment of a country" is the definition of environmental law given by Black's Law Dictionary.

"An amalgam of state and federal statutes, regulations, and common-law principles covering Air Pollution, Water Pollution, Hazardous Waste, the Wilderness, and Endangered Wildlife" is how the Free Legal Dictionary defines environmental law.

V. DEVELOPMENT OF ENVIRONMENTAL LAW IN INDIA

There have been two separate stages in the evolution of environmental law in India:

i. Development up to 1972: During this time, India relied mostly on a combination of criminal laws, tort laws, water and forest restrictions, and specialist legislation to address environmental protection issues. This generation saw relatively little progress made in the area of Indian environmental law.

ii. Development after 1972: This stage was a major advancement in the field of international environmental law and was in line with the conclusions of the Stockholm Conference. India was not an exception to the growing worldwide awareness of environmental protection issues brought about by the Stockholm Conference.[7]

As new environmental issues arise, environmental research advances and public demands for increased environmental protection are met, environmental legislation is always changing. As a result, environmental science and law are becoming increasingly important and sophisticated fields essential to modern society.[8]

Businesses are greatly impacted by environmental law, which shapes how they operate, produce, and handle waste. Environmental regulations require businesses to follow certain procedures, such as acquiring permits, adhering to emissions limits, and managing trash according to prescribed protocols.

Adherence to environmental regulations can result in enhanced environmental performance, decreased waste, and increased operational efficiency. Businesses can safeguard themselves against legal ramifications, evade fines and penalties, and improve their standing with clients, investors, and other stakeholders by abiding by these standards.

Furthermore, a growing number of businesses are realizing the value of sustainable business practices and are taking voluntary steps such as corporate social responsibility programs, green procurement policies, and the sourcing of renewable energy. In addition to helping companies maintain their competitiveness in the expanding eco-friendly goods and services industry, these initiatives can contribute to environment protection and conservation.[9]

VI. RELATIONSHIP BETWEEN HUMAN RIGHTS AND ENVIRONMENTAL LAW

Human rights and environmental law are closely linked and complementary; they both aim to uphold human rights and promote the welfare of all people. The advancement and growth of human well-being are issues that both of them care about. Numerous governments and international and national organizations have acknowledged the connection between environmental law and human rights. Because both are necessary for a higher standard of living, human rights and environmental conservation are intertwined. Human rights and environmental law are intertwined because the right to life is acknowledged as a fundamental right. Courts have interpreted and expanded the meaning of this right to life to include the right to live in a clean environment.

The outcomes of global gatherings, summits, and court decisions regarded human rights as a useful instrument for defending environmental rights and environmental duties. Despite the obvious connection between environmental conservation and human rights, no international organization or country views this relationship as irrelevant. Natural imbalances brought about by industrialization, urbanization, globalization, and resource exploitation have resulted in several grave environmental concerns, including ozone depletion, climate change, biodiversity loss, and public health problems. These concerns encompass not only environmental matters but also diverse economic, political, and social aspects. The relationship between environmental law and human rights led to the development of the rights-based approach to environmental problem-solving.

Governments, corporations, civic society, and other interested parties should come together to decide on policies that will solve the most urgent environmental issues facing the globe. The way that the human race upholds its rights will undoubtedly have an impact on the sustainability of the environment and its importance. Many international organizations have acknowledged that the realization of human rights depends on a wholesome environment. However, the idea that humans must protect the environment and must take into account factors other than the resources required for existence and survival is less often acknowledged and addressed. It is explicitly said that there is a duty where there is a right. The environment affects socioeconomic growth.

The preservation of the environment and natural resources has been ranked among the most crucial topics since the Stockholm Environment Conference in 1972. The proclamation provides a thorough overview of the most important human rights and environmental issues. The state has a responsibility to safeguard fundamental human rights, and the preservation and protection of the environment are crucial for the enjoyment of these rights, including the right to life itself. The only way to address this issue is through appropriate legislation. Appropriate environmental rules are essential for allowing man to coexist peacefully with the natural world and achieve his ultimate objective of leading a happy life.[10]

VII. SIGNIFICANT TREATIES AND CONVENTIONS IN RESPECT TO ENVIRONMENTAL LAW

Initially, no government or national or international organization took the preservation of the environment or the natural world seriously. This was the situation every time. From 1972 till the present, there have been constant efforts made to conserve the environment. A few international accords, treaties, and laws that have been put in place to protect the environment will be covered in the part that follows.[11]

i. Stockholm Declaration 1972

Mankind became more aware of the environment after the 1972 United Nations Conference on the Human Environment, held in Stockholm, Sweden. A human environment declaration was approved at this meeting. In many parts of the world, 1972 is regarded as the start of the environmental movement and as a turning point in the development of environmental laws. Principle 1 of the Stockholm Declaration publicly acknowledged the interdependence of environmental law and human rights. The United Nations Environment Programme (UNEP), an organization dedicated to the definition of human rights and the environment, was founded after this proclamation was adopted.

ii. Rio Conference 1992

The 1972 Stockholm Declaration was reiterated during the United Nations Conference on Environment and Development in 1992. The Rio Declaration establishes a connection between protecting human rights and following environmental rules. People have a responsibility to protect the environment as well as a right to live in a healthy environment, according to the values that were accepted as part of the Declaration's framework for sustainable development. This proclamation links the right to development with the right to live in a quiet, healthy, and peaceful environment, highlighting the relationship between all human rights and environmental preservation. The Rio Declaration marked a turning point in the shift to sustainable development.

iii. World Summit 2002

The recent global summit on sustainable development, which took place in Johannesburg, aimed to educate the public on the value of sustainable growth in enhancing the future without endangering the demands of the here and now. Its primary emphasis is on execution, not on formulating new accords and goals. The primary topics discussed throughout the discussion included gender equality, democratic societies, good governance, and enhancing international collaboration for environmental protection.

In addition to these conferences, there have been some developments in the form of talks and resolutions from human rights organizations, international organizations, and specialized agencies working to improve the world and the environment. The UN General Assembly declared in a 1990 resolution that environmental protection is essential to the realization of fundamental human rights. In his 2012 report on human rights and the environment, the special rapporteur focused on environmental consciousness as a prerequisite for the state to guarantee environmental protection.[12]

For the first time, in the late 1960s, the UN General Assembly recognized the link between environmental protection and human rights. The obvious link between the environment and the right to life was recognized at the United Nations Conference on the Human Environment in 1972. The Stockholm Declaration's Preamble indeed states that “man is both creature and molder of his environment, which gives him physical sustenance and affords him the opportunity for intellectual, moral, social, and spiritual growth."
Both the natural and artificial elements of man's environment affect his well-being and his ability to exercise basic human rights, such as the right to life.[13]

VIII. INTERPRETATION OF THE RIGHT TO LIVE IN A CLEAN ENVIRONMENT IN INTERNATIONAL FORUM

A fundamental human right, the right to live in a clean and healthy environment has been construed differently by different international fora. The opinions of multiple international tribunals support the idea that the right to life should include the right to live in a healthy environment. The obligation to respect and protect the rights and fundamental freedoms of others, the right to obtain necessary public services, and the right to live in a healthy environment are the three fundamental rights enumerated in Article 11 of the Additional Protocol to the Inter-American Convention on Human Rights (1994).

"Man has a fundamental right to freedom, equality, and appropriate living conditions, in a setting of a standard that allows for a life of dignity and wellbeing, and he carries a grave responsibility to safeguard and enhance the environment for both the present and the generations to come." (The rights to freedom, equality, and acceptable living conditions are examples of basic human rights.) The state government to safeguard and enhance the natural surroundings. The protection of children's health is covered under Article 24(2)(C) of the Convention on the Rights of the Child (1989). This is done to prevent the spread of disease, famine, and harm caused by toxins in the environment.

IX. LEGAL PROVISIONS FOR UPHOLDING HUMAN RIGHTS & ENVIRONMENTAL JUSTICE IN INDIA

The Constitution and numerous legislative enactments are the primary foundation for Namibia's extensive and interconnected legal framework for environmental preservation and human rights. Through its Fundamental Rights (Part III), which provide important protections including the Right to Equality (Article 14), the Right to Freedom (Article 19), and the Right to Life and Personal Liberty (Article 21), the Indian Constitution plays a crucial role in defending human rights. Courts have construed Article 21 to encompass the right to a clean and healthy environment, establishing a clear connection between environmental issues and human rights. To further guarantee that human rights are available and upheld, the Directive Principles of State Policy (Part IV), including Article 39(A), strongly emphasize equitable justice and legal assistance for all. [14]

The state is also required by Article 48-A of the Directive Principles of State Policy to take significant action to safeguard and maintain the environment. This clause emphasizes the responsibility of the government and the people to actively protect the country's wildlife. The Constitution emphasizes that protecting and preserving the environment is a shared duty between the people and the government in addition to being a fundamental right.

All Indian residents have a fundamental obligation under Article 51-A(g) to safeguard natural resources, including rivers, forests, and wildlife, to ensure their preservation for future generations. The intrinsic connection between environmental conservation and human rights is established in this essay, which highlights the reciprocal relationship in which environmental preservation is necessary for the enjoyment of human rights.

The Supreme Court of India emphasized this relationship in judgments such as Sachidanand Pandey v. State of West Bengal. The court ruled that while dealing with environmental issues, it must consider Articles 48-A and 51-A(g) of the Constitution, emphasizing the judiciary's role in protecting both environmental and human rights.[15]

X. INDIAN LEGISLATIONS ON THE HUMAN RIGHT TO ENVIRONMENT

The Indian legislative landscape regarding the human right to a healthy environment underwent significant transformation following the Bhopal Gas Tragedy on December 3, 1984. The incident, in which approximately 40 tons of the toxic gas methyl isocyanate leaked from the Union Carbide India Limited (UCIL) facility, resulted in the deaths of around 4,000 people and affected over 200,000 others, devastating local ecosystems and causing long-term environmental harm. In the wake of this disaster, it became evident that the Indian judiciary lacked the technical and conceptual capacity to address environmental issues effectively. Consequently, the government pursued legal recourse against Union Carbide Corporation, ultimately leading to the Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985, which allowed the central government to represent the gas victims in seeking compensation. This tragedy catalyzed a shift in Indian environmental policy, with the establishment of the Ministry of Environment and Forests in 1985 and the National Council for Environmental Policy and Planning in 1972.

The primary legislative frameworks that emerged include the Environment Protection Act, of 1986, which serves as an umbrella law for environmental protection, ensuring standards for pollution control and empowering the central government to regulate industrial activities. The Air (Prevention and Control of Pollution) Act, 1981, and the Water (Prevention and Control of Pollution) Act, 1974, further established regulatory bodies at both the central and state levels to monitor and mitigate air and water pollution. Additionally, the National Green Tribunal Act, of 2010, established a specialized tribunal to adjudicate environmental disputes, thereby enhancing access to justice in environmental matters. Other significant legislations include the Wildlife Protection Act, of 1972, the Forest (Conservation) Act, of 1980, and the Biological Diversity Act, of 2002, all aimed at conserving biodiversity and regulating the use of natural resources. These legislative measures collectively underscore the Indian commitment to protecting environmental rights as fundamental to human rights, emphasizing the intrinsic connection between a healthy environment and the right to life as enshrined in Article 21 of the Indian Constitution.[16]

XI. INDIA’S LAWS & REGULATIONS

In addition to these enactments, the government has created several rules and regulations to carry out the legal and constitutional responsibility to maintain a clean environment. One of the most notable of them is the Hazardous Wastes Management rules; within them, any waste that is considered hazardous due to any of its physical, chemical, reactive, or poisonous properties features that are combustible, explosive, or corrosive, pose a risk to human health or the environment, whether on their own or after coming into contact with different materials or wastes. [17]

The Hazardous Wastes (Management, Handling, and Transboundary) Rules, 2008, for example, are a set of significant regulations that offer guidelines for importing, manufacturing, and storing hazardous substances and managing hazardous wastes. The Biomedical Waste (Management and Handling) Rules, 1998 were designed with appropriate disposal, segregation, and handling in mind—transportation, etc., of trash infectious. The 2000 Municipal Solid Wastes (Management and Handling) Rules give municipalities the ability to dispose of municipal solid trash methodically.

These rules have several flaws, including numerous instances of certain categories overlapping, which are inconvenient. Execution of the Municipal Solid Wastes and Biomedical Waste (Management and Handling) Rules, 1998 Rules for (Management and Handling), 2000. To address the issue, the Ministry of Forests, Environment and Climate Change has formulated the draft Bio-Medical Waste (Management & Handling) Rules, 2015 (Draft BMW Rules) and the draft Solid Waste Management Rules, 2015 (Draft SWM Rules).

The Ministry of Environment and Forests published the Coastal Regulation Zone Notification.[18] Its goal is to guarantee the security of livelihood for the coastal communities that depend on fishing as well as other local groups. It also addresses the threats of natural disasters in coastal areas and sea level rise brought on by global warming. Its goals include protecting coastal stretches and promoting development in a sustainable way based on scientific principles.

XII. LANDMARK ENVIRONMENTAL CASES IN INDIA

Indian courts have played a pivotal role in shaping environmental jurisprudence, with significant judgments that protect both human rights and the environment. Particularly, the Supreme Court has interpreted Article 21 of the Indian Constitution more broadly, incorporating the right to a clean and healthy environment as a component of the right to life. This was first made clear in the case of Francis Coralie Mullin v. Union.[19] Territory, where it was decided that human dignity was a part of the right to life.[20]

In M.C. Mehta v. Union of India, this case is often referred to as the foundation of environmental jurisprudence in India court ruled that environmental preservation takes precedence over unemployment, reinforcing the importance of environmental concerns over economic disadvantages.[21] The right to a healthy environment was also recognized in Charan Lal Sahu v. Union of India as a crucial component of the right to life under Article 21. The courts linked environmental protection to fundamental rights by using these findings to provide legal remedies to persons harmed by the environment.[22]

In Vellore Citizens Welfare Forum vs. Union of India,[23] Supreme Court[24] Held that the industries are vital for the country's development but to control the pollution caused by them, the principle of 'sustainable adopted' must be adopted as the balancing concept. These rulings show that Indian courts have integrated environmental rights into the larger human rights framework, while also upholding and extending the reach of these rights. They have made sure that the courts are crucial in solving the environmental crisis and giving justice to people who have been injured by environmental deterioration.

XIII. CHALLENGES

India's environmental problems are closely related to human rights, especially the rights to life, health, and dignity. The Indian judiciary has interpreted Article 21 of the Constitution, which guarantees the right to life, to include the right to a clean, healthy, and sustainable environment. The ability of people to exercise these fundamental human rights is directly impacted by environmental deterioration.[25]

i. The right to a healthy environment and life: Human life and health are seriously threatened by environmental degradation, which includes deforestation, air and water pollution, and climate change. The Indian Supreme Court held in judgments such as Subhash Kumar v. State of Bihar (1991) that the right to clean air and water is a part of Article 21's right to life. This fundamental right is violated when pollution levels grow, people's quality of life worsens, and there is less access to safe drinking water and environmental health.

ii. The right to Health: Public health is impacted by a degraded environment, with impoverished and marginalized people being disproportionately affected as they are more susceptible to environmental risks. Water contamination promotes the spread of waterborne illnesses like cholera and dysentery, while air pollution from city automobile exhaust and industrial pollutants causes respiratory illnesses. These health effects violate the right to health, which is essential to the right to life.

iii. The right to a livelihood and dignity: People's livelihoods are at risk due to environmental degradation, which includes deforestation, soil erosion, and resource depletion. This is especially true for individuals whose jobs depend on natural resources like farming, forestry, and fishing. People lose their dignity as well as their money when these resources are endangered. This is particularly true for underprivileged populations since the environment provides a direct source of subsistence for them. As confirmed in Francis Coralie Mullin v. Union Territory of Delhi, the right to live with dignity is thereby violated, undermining the right to a livelihood.

iv. Effects on Communities that are Marginalised: The marginalized populations of India, such as tribal and rural people who mostly depend on natural resources for subsistence, are disproportionately impacted by the country's environmental problems. These people are uprooted by environmental deterioration, especially when it comes to mining and deforestation, which violates their rights to land and resources that have long been a component of their traditional livelihoods. Their human rights are being violated by this forced relocation without fair recompense or rehabilitation.

v. Influence on Marginalised Communities: India's marginalized populations—such as tribal and rural people—are disproportionately affected by the nation's environmental issues because they rely mostly on natural resources for their subsistence. Environmental degradation, particularly mining, and deforestation, uproots these people and violates their rights to land and resources that have long been a part of their traditional livelihoods. With no just compensation or rehabilitation, this forced displacement violates their human rights.

vi. Climate Change and Future Generations’ Rights: Climate change is a growing environmental challenge that threatens not just the current population but future generations. Rising temperatures, erratic rainfall, and extreme weather events are already impacting agricultural productivity, leading to food insecurity, displacement, and economic instability. The right of future generations to a healthy environment is part of the broader human rights framework. The Supreme Court of India has recognized this through the precautionary principle and polluter pays principle (established in Vellore Citizens Welfare Forum v. Union of India), mandating that development must be sustainable and not compromise the environment for future generations.

Human rights and environmental protection in balancing India's environmental governance need to reconcile human rights protection with growth. Sustainable development is one of the court-established principles that aims to prevent economic progress from coming at the expense of human rights. Safeguarding public health, livelihoods, and dignity also depends on the implementation of effective environmental regulations, such as those that guarantee the right to a clean environment.

XIV. CONCLUSION & SUGGESTION

India's environmental concerns are inextricably linked to human rights, particularly the right to life, health, dignity, and livelihood. The Indian judiciary has played an important role in interpreting fundamental rights, including the right to a clean and healthy environment, which is protected by Article 21 of the Constitution. However, rising industrialization, deforestation, pollution, and climate change continue to pose serious risks to both the environment and the well-being of marginalized groups, whose survival is directly dependent on natural resources.

The global acknowledgment of the right to a healthy environment highlights the importance of legal frameworks that strike a balance between environmental protection and long-term development for current and future generations. India must continue to prioritize environmental governance that respects human rights while promoting economic growth. Just by integrating sustainability into development strategies can India protect its environment while ensuring the fundamental rights of its citizens.

Suggestions would include:

i. Strengthening Environmental Legislation: To guarantee that marginalized groups receive environmental justice, current laws should be strengthened with more effective enforcement mechanisms, particularly in rural and tribal areas.

ii. Promoting Public Participation and Education: Public awareness campaigns and educational initiatives should be expanded to enable communities to actively participate in environmental decision-making, thereby defending their rights.

iii. Encouraging Sustainable Practices: Economic policy must prioritize sustainable development by encouraging responsible natural resource usage and lowering the industry's environmental impact.

iv. Developing Climate Adaptation and Mitigation Strategies: India must put in place comprehensive measures to mitigate the consequences of climate change while also strengthening resilience in vulnerable communities. This includes conserving habitats and maintaining food security.

v. Judicial Activism and Accountability: The judiciary must continue to support the ideals of environmental justice, sustainable development, and human rights by holding polluters accountable and implementing environmental regulations.

vi. Implementation of International Agreements: By aligning national policies with global climate goals, India may demonstrate its commitment to international environmental agreements like the Paris Agreement.

Through this India would able to move towards a future where environmental sustainability and human rights protection coexist in harmony, ensuring a healthy, dignified life for all citizens

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[1] Human Rights and the Environment, Geneva Environment Network

[2] Human Rights and the Environmnet, Geneva Environment Network

[3] What are Human Rights?, UNICEF

[4] What are Human Rights? United Nations Human Rights Office of the High COmmissioner

[5] What is Environmental Law- and why does it matter? Security and Global Studies Blog, Americamn Public University

[6] Envionmental law: Definition, History, Principles, Examples, Lloyd Law College

[7] Envionmental law: Definition, History, Principles, Examples, Lloyd college

[8] What is Environmental Law- and why does it matter? Security and Global Studies Blog, Americamn Public University

[9] What is Environmental Law- and why does it matter? Security and Global Studies Blog, Americamn Public University

[10] Sachan Pratyush, Intersection between Human Rights and Environmental Law: The Scenario in India, IJLMH

[11] Sachan Pratyush, Intersection between Human Rights and Environmental Law: The Scenario in India, IJLMH

[12] Patel Hiren, India’s Human Rights and Environmnetal Law Intersection Scenario, IJNRD

[13] More Dikshita, The Intersection of Human Rights and Environmental Law, Legal Bites

[14] Sachan Pratyush, Intersection between Human Rights and Environmental Law: The Scenario in India, IJLMH

[15] 1987 AIR 1109, 1987 SCR (2) 223

[16] Dr. Sushma Sharma, Human Rights and Environmental Protection In India: An Analytical Review, JETIR

[17]Dr. Sushma Sharma, Human Rights and Environmental Protection In India: An Analytical Review, JETIR

[18] Ministry of Environment and Forest (The MoEF) is today the apex administrative body in the country working for Environmental Protection and laying down the legal and regulatory framework for environmental protection

[19] 1981 AIR 746, 1981 SCR (2) 516

[20] 1981 AIR 746, 1981 SCR (2) 516

[21] 1987 AIR 1987, 965 SCR (1) 819

[22] 1987 AIR 1086, 1987 SCR (1) 819

[23] 1996 5 SCR 241, ILDC 443 (IN 1996), 1996 5 SCC 647, 1996 AIR 2715, JT 1996, 375

[24] Vellore Citizen’s Forum Welfare v. Union of India (1996) 5 SCC 647

[25] Dr. Suresh Dhanda, India and Environmental & Human Rights Concerns, Foreign Policy of India