Human Rights and Environment: Laws, Cases & Global Perspectives

Human rights are universal and inalienable ensuring dignity, liberty and justice through freedoms like life, equality, health and education . The Universal Declaration of Human Rights (UDHR) laid the foundation for international protection of these rights. Alongside, environmental law and regulations safeguard natural resources, control pollution and promote sustainable development, with India’s Environment (Protection) Act, 1986 as a key framework . Today, the connection between human rights and environment is firmly recognized—courts and global institutions affirm that a clean and safe environment is essential for the fulfilment of basic environmental rights and the right to life.

Download Environment and Human Rights Law PDF

Overview of Human Rights

Human rights are basic freedoms every person has by being human. It includes civil, political, social, economic and cultural rights. They are inherent, inalienable and interconnected. Safeguarding one right helps protect others. Governments must enact laws to protect such rights. They must also stop actions that harm the ability of people to enjoy them. International human rights treaties are agreements between countries. They set rules to protect the rights of people. By signing these treaties states promise to respect and uphold human rights within their borders.

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Definition and Principles of Human Rights

Human rights are basic rights that belong to every person. The rights apply to all people irrespective of their nationality, race, gender or background. They support human dignity, growth and personal development. These rights help individuals develop their intelligence, personality and conscience. Human rights are rooted in equality, justice and respect for human worth. Every person has the right to live with dignity and realise their full potential as a member of society.

International Human Rights Instruments

A meaningful life includes access to fundamental human rights. The rights set standards for how people should be treated fairly and without discrimination. The United Nations Office of the High Commissioner for Human Rights (OHCHR) groups these rights into nine main categories and encompasses areas like civil, political, economic, social and cultural rights.

The rights are protected through international treaties which outline how states must uphold and enforce them. Each treaty focuses on one or more of the primary rights and ensures states are held accountable.

Universal Declaration of Human Rights (UDHR)

The UDHR was adopted by the United Nations General Assembly on December 10, 1948. It consists of 30 articles outlining the basic freedoms and rights that all people deserve. The rights apply to everyone irrespective of race, religion, gender or nationality. The UDHR became a foundation for future human rights laws. It inspired the International Bill of Human Rights, adopted in 1966 and enforced in 1976.

Although the UDHR is not a legally binding document but its values are reflected in many global treaties and national laws. It remains an important guide for the promotion and protection of human rights worldwide.

Overview of Environmental Law

Environmental law includes rules made by local, national or international bodies that affect how people use and protect the environment. It covers laws that safeguard natural resources like air, water, land, forests and minerals. The laws are essential for any government. They help maintain clean air, safe water and protect overall environmental health.

Definition and Scope of Environmental Law

Environmental law is a collection of rules that manage how humans interact with nature and ecosystems. The laws may cover different areas but all aim to prevent environmental damage and promote sustainable management.

They help protect not just plants and animals but also human health and safety . National and international laws work together to stop activities that harm the environment and put people at risk .

International Environmental Conventions and Treaties

International environmental treaties play a key role in addressing global environmental challenges . They guide countries in reducing pollution, protecting ecosystems and tackling climate change .

• UNFCCC (United Nations Framework Convention on Climate Change)
• Aims to stabilize greenhouse gas levels to prevent harmful human impact on the climate . It promotes fairness through shared but different responsibilities and supports developing nations with funding and technology .
• Kyoto Protocol (1997)
• Sets binding emission reduction targets for developed countries . Focuses on legally committing industrialised nations to reduce their greenhouse gas emissions .
• Paris Agreement (2015)
• Introduces a mix of voluntary and required commitments to cut emissions and adapt to climate change. Operates on a five-year review cycle and aims for global climate neutrality by mid-century.

Human Rights and Environment PDF Download

Students can download exam-ready Human Rights and Environment PDF notes for quick revision . The PDF contains :

• Key environmental rights (air, water, health, food)
• Important Article 21 cases
• Major global treaties & declarations
• Easy exam format for quick learning

Download Environment and Human Rights Law PDF

What Is the Relationship Between Environment and Human Rights Law?

Before discussing treaties and cases, we need to understand the fundamental link. Human rights law traditionally guaranteed civil, political, and socio-economic freedoms. However, by the late 20th century, it became clear that without environmental protection, none of these rights could survive.

For example, polluted air increases respiratory diseases violating the right to health. Contaminated water supplies deny the right to life . Deforestation and loss of biodiversity destroy indigenous communities’ cultural rights . Thus, human rights and environment are mutually reinforcing -protecting one strengthens the other .

The UN Human Rights Council and Geneva Environment Network repeatedly emphasize that environmental harm is not only an ecological issue but also a direct attack on fundamental rights like life, health, and food. This means governments now have dual responsibilities: protect nature and uphold human rights simultaneously.

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Types of Environmental Human Rights

Environmental human rights are diverse and multi-layered . Before listing them, it is important to note that these rights are often overlapping and interdependent . The right to water cannot be separated from the right to health and climate rights cannot be isolated from food security . Together, they form the environmental rights framework .

• Right to a Clean, Healthy and Sustainable Environment (R2hE) : Declared universal by the UN in 2022, it obligates states to reduce pollution and safeguard ecosystems .
• Right to Water and Sanitation : Recognized as essential for dignity, health and life; strongly tied to environmental pollution law and human communities .
• Right to Health: Healthy air, safe surroundings, and reduced toxic exposure ensure people’s physical well-being.
• Right to Food and Livelihood: Environmental degradation—soil erosion, water scarcity, or climate change- threatens food security and the right to an adequate standard of living .
• Right to Biodiversity and Natural Resources : Many communities depend on forests, rivers and biodiversity for survival; their rights must be safeguarded .
• Right to Climate Stability : Disasters like floods, cyclones and droughts show how climate change directly violates human rights .
• Rights of Environmental Defenders: Activists working to uphold environmental rights face violence and criminalization; protecting them is now a global human rights issue.

These rights are central to the evolution of environmental law and regulations to protect people (pdf free download versions of treaties and judgments often form exam resources).

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International Treaties and Declarations on Environment and Human Rights

International law has evolved rapidly to integrate environment and human rights. Before listing major treaties, it is worth noting that earlier international agreements (like the UN Charter) did not directly mention environmental protection. However, subsequent developments—especially after the 1972 Stockholm Declaration—ensured environment became a recognized human rights concern.

Key International Declarations and Treaties :

• Stockholm Declaration (1972) : First to declare that humans have a “fundamental right to freedom, equality and adequate conditions of life in an environment of quality.”
• Rio Declaration on Environment and Development (1992) : Introduced principles like sustainable development and precautionary action .
• UN General Assembly Resolution (2022) : Recognized the right to a healthy environment as universal .
• International Covenant on Economic, Social and Cultural Rights (ICESCR) : Interpreted to include environmental determinants of health .
• Convention on Biological Diversity (1992) : Protects biodiversity as part of community rights.
• Paris Agreement (2015) : Links climate change with global justice ensuring vulnerable populations’ rights are prioritized .

Regional Mechanisms :

• European Convention on Human Rights (ECHR) : Applied by the European Court to environmental harm cases .
• African Charter on Human and Peoples’ Rights (1981): Recognizes environmental rights explicitly.
• Inter-American Convention on Human Rights: Used to address indigenous and environmental issues in Latin America.

These frameworks show that environment and human rights are now inseparable pillars of international law.

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Environmental Protection Role in Indian Constitution

India provides one of the most detailed integrations of environmental rights within its legal system. The Constitution does not originally mention the environment, but amendments and judicial interpretation have embedded environmental rights deeply into governance.

Key Constitutional Provisions:

• Article 21: Right to life interpreted as right to a healthy environment.
• Article 48A (Directive Principles): Directs the State to protect and improve environment, safeguard forests and wildlife.
• Article 51A(g): Fundamental duty of citizens to protect environment.
• Article 47: Duty of the State to improve public health, linking environment and well-being.

Statutory Framework in India:

• Environment (Protection) Act, 1986 – umbrella legislation after Bhopal Gas Tragedy.
• Water (Prevention and Control of Pollution) Act, 1974.
• Air (Prevention and Control of Pollution) Act, 1981.
• Wildlife Protection Act, 1972.

Together, these provisions reflect India’s constitutional vision that environmental law and human rights are inseparable. This also shows how environmental law and regulations to protect people pdf free download versions are critical for UPSC/UGC aspirants.

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Case Laws Related to Environment and Human Rights

India’s judiciary has been instrumental in expanding environment and human rights linkages. Before listing the cases, it is important to understand that courts often act proactively (judicial activism) to fill legislative gaps.

Landmark Cases:

• MC Mehta v. Union of India (1986): Directed daily environment awareness in schools, cinemas, and TV. Treated environment as essential to life.

• MC Mehta v. Kamal Nath (1996): Established that polluting air, water, or soil violates the right to life.

• Rural Litigation and Entitlement Kendra v. State of UP (1985): Stopped limestone mining in Mussoorie to protect ecology and groundwater.

• Taru Jan Bharat Trust v. Union of India (1993): Ordered closure of marble mines near Sariska Tiger Reserve.

• Subhash Kumar v. State of Bihar (1991): Declared right to pollution-free water and air as part of Article 21.

• Ganga Pollution Case (1985–95): Ordered removal of polluting industries along riverbanks.

These judgments prove that courts interpret environmental pollution law and human communities as a human rights issue.

What Is the Role of the Right to Life (Article 21) in Environmental Protection in India?

The Right to Life under Article 21 is the most powerful tool for environmental protection in India. Before explaining, we must note that the Supreme Court has repeatedly expanded Article 21 to include environmental rights even though the Constitution does not explicitly mention them.

Key Dimensions of Article 21 in Environment:

• Protects right to clean water, air, and environment.
• Prevents industrial pollution and ecological destruction.
• Ensures public health and sustainable living standards.
• Empowers citizens to seek judicial remedies when environmental rights are violated.

For example, in MC Mehta v. Kamal Nath, the Court declared that no economic project can override people’s right to a clean environment. Similarly, Subhash Kumar v. State of Bihar confirmed that Article 21 covers access to clean water and air.

Thus, Article 21 embodies the principle that human rights and environment are interdependent and indivisible.

Environment and Human Rights: Interconnectedness and Interdependence

The United Nations has recognised that environmental risks directly affect human rights. Through various agencies, it has addressed this link under Environment and Human Rights Law.

General Comments 14 and 15 of the UN Human Rights Committee interpret the ICESCR to include access to safe, affordable water, sanitation and protection from harmful substances like chemicals and radiation. The UN Watercourses Convention also supports this link. Article 10 gives priority to human needs when sharing limited water resources.

In Resolution 10/4 (2009) the UN Human Rights Council acknowledged that climate change threatens basic rights such as the right to life, food, health, housing and clean water. This shows the deep connection between human rights and environmental protection.

A safe and healthy environment is essential for the protection of basic human rights. Environment and Human Rights Law highlights how environmental harm directly affects primary rights like life, health and well-being.

Right to Life and Environmental Protection

Environmental protection and the right to life are deeply connected. A clean, safe, and sustainable environment is necessary to fully enjoy rights such as life, health, food, water, housing, and development.

The UN Human Rights Committee holds states responsible if they fail to protect people from environmental threats, such as harmful chemicals or pollution. Damage to the environment—whether from natural events or human actions—can shorten life expectancy.

Governments must act when activities are known or suspected to harm life or health. Under Environment and Human Rights Law, this means taking preventive and corrective steps to reduce environmental risks.

Environmental Human Rights Defenders (EHRDs) face serious threats, including violence and killings. Since 2015, attacks on those protecting the environment and related rights have sadly increased worldwide.

Right to Health and Access to Clean Water and Air

Indian courts have recognised clean water and air as part of the right to life under Article 21 of the Constitution. This includes protection from pollution.

The Supreme Court confirmed this in cases like Bandhua Mukti Morcha v. Union of India (1984) and later in water pollution cases in the 1990s. Under Environment and Human Rights Law, clean air and water are essential for a healthy life.

Indigenous Peoples’ Rights and Environmental Conservation

The UN Declaration on the Rights of Indigenous Peoples requires free, prior, and informed consent before affecting their lands or resources.

This must happen through indigenous systems, in their language, and without force. Yet, many indigenous communities still face marginalisation.

The UNEP has a policy to protect environmental defenders, including indigenous activists. It supports safety, demands justice, and promotes fair use of natural resources.

Through the Interfaith Rainforest Initiative, UNEP also partners with religious and tribal leaders to protect nature, preserve traditional knowledge, and promote peace.

Provisions of Human Rights and Environmental Law in India

Article 21 of the Indian Constitution includes the right to a clean and safe environment as part of the right to life . This shows the strong link between Environment and Human Rights Law in India. Article 48A under the Directive Principles urges the state to protect the environment and conserve forests and wildlife . It highlights the government's role in environmental preservation . The Constitution also places responsibility on citizens to help maintain a clean environment . Both the state and the people share this duty . 

In Sachidanand Pandey v. State of West Bengal (1987), the Supreme Court stressed that protecting the environment is a joint responsibility of the government and citizens .

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Role of the Judiciary in Protecting the Environment

The judiciary plays an important role in strengthening environment and human rights law in India. Courts have interpreted constitutional rights to include environmental protection . In Francis Coralie Mullin v. Union Territory of Delhi (1981), the Supreme Court held that the right to life under Article 21 includes the right to live with dignity . In M.C. Mehta v. Union of India (1986) the Court prioritized environmental concerns over economic interests reinforcing the importance of life and health . In Charan Lal Sahu the Court affirmed that a healthy environment is part of the right to life under Article 21 . In Subhash Kumar v. State of Bihar (1991) the Court clearly stated that the right to clean air and water is included in the right to life .

Through these decisions the judiciary has expanded the scope of environment and human rights law and ensured environmental justice and legal remedies.

Conclusion

The connection between environment and human rights is no longer just a matter of moral concern but a firmly recognized legal principle worldwide . From the early declarations like the Stockholm Conference to the UN General Assembly’s recognition of the right to a healthy environment in 2022, the world community has accepted that protecting the environment is central to safeguarding human dignity . India has taken significant strides in this direction by interpreting Article 21 of its Constitution to include the right to clean water, fresh air and ecological balance . Judicial activism through cases such as MC Mehta v. Union of India and Subhash Kumar v. State of Bihar shows how courts treat environmental degradation as a direct violation of the right to life . However, challenges such as climate change, biodiversity loss, industrial pollution and weak enforcement still remain major obstacles . The way forward lies in strong implementation of environmental law and regulations to protect people, active participation of communities and global cooperation to uphold environmental rights . Ultimately, the protection of human rights and environment must be seen as a single, unified goal ensuring that present and future generations can live with dignity, justice and sustainability .

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