The Supreme Court of India has affirmed that all citizens possess a fundamental right to live in a pollution-free environment as protected under Article 21 of the Indian Constitution. This article guarantees the right to life and personal liberty, mandating that these rights may not be infringed upon except in accordance with the law.
The Court’s decision underscores the necessity for rigorous enforcement of anti-pollution laws and more decisive action, particularly in relation to the prevalent issue of stubble-burning in regions surrounding New Delhi. The order calls for intensified government interventions aimed at enhancing compliance with environmental regulations, addressing sources of pollution, and ensuring the collaboration of federal and state entities to uphold citizens’ rights to a clean environment.
The judgment also focuses on the need for punitive measures against offenders and stresses improving coordination to secure the right to environmental dignity. This right aligns with broader global recognitions, such as the fundamental human right to a clean, healthy, and sustainable environment, acknowledged by international bodies including the UN Human Rights Committee and the UN General Assembly.
Despite previous judicial directives aiming to mitigate the impact of stubble burning, enforcement has been met with challenges. In states like Punjab and Haryana, where farmers frequently engage in this practice post-harvest to expedite field clearance for new crops, efforts to control the activity have seen limited success. This practice significantly contributes to the deterioration of air quality, particularly during the transition to winter.
For more details on the Supreme Court’s ruling and its implications, see the full article on JURIST.