The Hindu Business Line : 3 cheers for 2 articles

AT THE Bombay High Court, while arguing for Environmental Action Group, Mr I. M. Chagla clarified that he was not seeking a freeze on all development in the mill land.

What he prayed for was an intervention by the court "to ensure that the principles of sustainable development, balanced development, sound town planning, based on relevant socio-economic considerations and the improvement of the living and working conditions and environment as enshrined in Article 21 of the Constitution of India are followed with regard to all development/redevelopment on the mill lands, so as to protect the interests of the residents of Mumbai."

Lofty goals, indeed.

And, there is help in the Constitution, in the form of two Articles that deserve three cheers. First, Article 21. You can look it up on http://lawmin.nic.in that this Article is about `Protection of life and personal liberty'. It states that no person shall be deprived of his life or personal liberty except according to procedure established by law.

"Enjoyment of life and its attainment including their right to life with human dignity encompasses within its ambit, the protection and preservation of environment, ecological balance free from pollution of air and water, sanitation without which life cannot be enjoyed," the apex court had said about a decade ago in Virendra Gaur vs State of Haryana.

Second protection is Article 48A, titled `Protection and improvement of environment and safeguarding of forests and wild life'. It mandates that the State shall endeavour to protect and improve the environment and safeguard the forests and wildlife of the country. These two Articles form the core of the country's environment law.

Courts have recognised the duty of the Government with regard to environment.

For instance, the Supreme Court had said in the Virendra Gaur case that, "There is a constitutional imperative on the State Government and the municipalities, to ensure and safeguard proper environment and also take adequate measures to promote, protect and improve both the manmade and the natural environment".

Also, in T. N. Godavarman Thirumalpad vs Union of India (2002), the apex court had spoken of the Government's duty and mentioned `two salutary principles' governing the law of environment — the principles of sustainable development, and the precautionary principle.

"Environment law of the country is enshrined in Articles 21 and 48A of the Constitution," said Mr Chagla. However, laws too need the right environment to be effective, one may add.

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