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Enforcement of the Right to Environment Protection through Public Interest Litigation in India

Enforcement of the Right to Environment Protection through Public Interest Litigation in India

The growing threats to our environment through developmental activities has created an unprecedented crisis. It has resulted in hazards for decent and healthy environment which is so crucial for human existence. The world has come a long way since the first historic effort to diagnose the global environment took place at the UN Conference on HumanEnvironment (Stockholm, 1972). The journey from the Stockholm Conference to the Earth Summit at Rio de Janeiro has led to the recognition that all human beings are entitled to a healthy and productive life in harmony with nature. The growing awareness about unhampered development has led to numerous international and national efforts to protect the environment.Human beings are the primary victims of environmental damage. Though there is no consensus at the international level regarding securing a right to environment asa fundamental human right, yet efforts have been made in some national jurisdictions to recognise such a right.This right to environment essentially emanates from the right to life, which is the core of all fundamental human rights. The parameters of this right in the various jurisdictions may be put differently, even as the right itself is still in evolution. This emerging human right, recognised primarily through judicial interpretations, tends to offer a shield against the "developmental terrorism" which is threatening to engulf humankind, among other species, on our fragile planet. The nascent right to environment protection is likely to be frowned upon in developed as well as developing societies, as those seeking it may be dubbed anti-development. The invoking and enforcement of this right has often become controversial and difficult,as available mechanisms and judicial responses are determining factors.

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