- Research/Scholar Paper name – “Environmental Justice Through Human Rights”
- Author: Adya Shree Dutta
- Designation/Qualification: Advocate, BA.LLB(h), & LLM
- Co-Author: Anant Chaitanya Dutta
- Designation/Qualification: Advocate, BA.LLB(h)
- Affiliation: Centre for Environmental Awareness & Centre for Study of Contemporary Legal Issues
- Date of Publication: 16/05/2021
Over the past several years, concerns regarding human rights, health and protection of the environment have increased, in response to which many countries took up the task of creating a plethora of legal instruments, specialized organs, and agencies at the global and regional levels to respond to specifically identified problems. Every year, more than two million deaths and billions of disease cases are attributed to the sole reason of pollution and environmental degradation. In India, even though the Constitution and the Legislature promote and make laws to protect and improve the environment, the real scenario is not so. The government authorities, especially the municipal corporations and other state departments themselves are not serious about waste disposal. Despite being on the concurrent list, implementations of environmental laws have been very faulty. But, health remains the one subject that bridges the two fields of environment protection and human rights. At the Stockholm Conference of 1972, the members observed that:
“Man is both creature and moulder of his environment, which gives him physical sustenance and affords him the opportunity for intellectual, moral, social and spiritual growth…… Both aspects of man’s environment, the natural and the man-made, are essential to his well-being and to the enjoyment of basic human rights, even the right to life itself.”
This paper attempts to draw a link between the law and the actual practice relating to human rights and the right to health and a clean environment because all human beings depend on the environment in which they live and therefore a safe, clean, healthy and sustainable environment becomes an integral part of the enjoyment of many human rights. An attempt has also been made to understand selected treaties that link the two issues.
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