DPSP AND ENVIRONMENTAL PROTECTION

In India, the concern for environmental protection has not only been raised to the status of
fundamental law of the land, but it is also wedded with human rights approach and it is now well
established that, it is the basic human right of every individual to live in pollution free
environment with full human dignity. The then Prime Minister Mrs. Indira Gandhi, in the first
International Conference on Human Environment at Stockholm in 1972, voiced deep concern
about the degradation of the environment and eco-imbalances. She also emphasized that
pollution, population and poverty are inter-related problems and there must be an integrated
approach to deal with them. India was also one of the signatories of the Stockholm Declaration
which is known as Magna Carta on human environment. Based upon the Stockholm conference,
the Indian parliament passed the forty second amendment to the constitution in the year 19765
and incorporated specially two Articles relating to protection and improvement of environment
where in the Constitution of India obligates the State as well as Citizens to Protect and
Improve the environment1.

DPSP is scattered Hytho the Articles 36-51 in the part 10th of constitution. DPSP widely
informed about the protection of women class, weaker section, buys, environment. The concept
of Directive Principles of State Policy was borrowed from the Irish Constitution. Article 47 of
the Constitution which reads: The State shall regard the raising of the level of nutrition and the
standard of living of its people and the improvement of public health as among its primary duties
and, in particular, the State shall endeavour to bring about prohibition of the consumption except
for medical purposes of intoxicating drinks and drugs which are injurious to health. The basic
principle embodied in the Article very clearly denies the statement to some of the learned authors
that initially our Constitution was environmentally blind38 and environment as a subject has
been left out of the Constitution. Article 47 calls upon the State to perform the basic duty to look
after the health of the citizen and also take necessary and effective steps to improve their
standard of living and also raise the level of nutrition. Improvement of public health forms the

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Article 48-A Protection and improvement of environment and safeguarding of forests and wild life: The State
shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.
Article 51A(g) It shall be the duty of every citizen of India to protect and improve the natural environment
including forests, lakes, rivers and wild life and to have compassion for living creatures;

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core of environment because due to various environmental hazards it is the health of the general
people which comes under severe threat. In order to protect the health the framers of the
Constitution gave emphasis on the improvement of public health which is more vital for the
existence of the mankind. In the present times several factors account for the pollution hazards
which is going beyond control. The pollution of water and air spoils the nature very well and
affect our health. Therefore, taking into consideration, the Constitution very aptly recognized the
right to health and casts a responsibility upon the State making it obligatory to work for
improving the health of the citizens.

In Talcher Swasthya Surakshya Parishad v. Chairman-Cum-MD Mohanadi Coal Fields Ltd2.,

and Others39 it was alleged that due to the operation of the collieries in the Talcher area, the
people of Talcher town and nearby areas have been affected as there is no pure air to breathe and
pure water to drink. They are forced to inhale such air being exposed to dust and effluent
material and also are forced to take contaminated water which has become unsuitable for
drinking purposes due to such dust and effluent articles.

It was also alleged that due to extraction done from underneath the ground surface, land is
becoming loose and there have been several instances of seepage of water and subsidence of
earth, thereby endangering human life and property. In this case the High Court observed that:
It is needless to say that all concerned, i.e., the governments, the government agency like the
Pollution Control Board, the coal-mines owners operating in the area have to ensure that at the
altar of industrial development, environment and consequentially health of the people do not get
sacrificed. It is the function of the Pollution Control Board to ensure that the rigid guidelines
required to be followed in the matter of air and water pollution. Statistics may not always reflect
the correct state of affairs. In the maze of figures, let welfare of people is not lost. The Pollution
Control Board was directed to take strict steps after determining consequences of such pollution
and see that there is no reoccurrence. It was further directed by the Court that, for industrial
development, the people should not become ill on account of collapse of buildings, surface
erosion and water pollution3 . In Hamid Khan v. State of Madhyapradesh4it was held that there
was a gross negligence on the part of the state government in not taking proper measure before

2
AIR 1996 Ori 195.
3
Dr.Sukanta K.Nanda, Environmental Law, 75 (Central Law Publication: Allahabad, 1st Edn., 2007).
4
AIR 1997 MP 191.

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supplying drinking water from hand-pumps which has resulted in colossal damage to the people,
the Court held that the State was responsible and has failed to discharge its primary
responsibility.

With the objective of affording better protection to the environment, the Constitution was
amended in the year 1976 and a new Article 48-A was inserted into the Constitution which reads:
The State shall endeavour to protect and improve the environment and safeguard the forests
and wild life of the country. This Article used the word Environment in a wider sense which
affects all the living being and influences the conditions of their lives. Water and air are among
such important factors which mould the life of the citizens. Billions of years have passed and the
society is still dependant on water and also will continue to do so, thus proving the necessity and
vitality of water for the existence of the mankind. Hence, it becomes the pious duty and
responsibility of the State to protect the water and water resources as well as whole environment
from all activities. So if we construe the Article, this necessarily requires the State not only to
adopt the protectionist policy but also to provide for the improvement of the environment.
Article 48-A further provides to safeguard the forests and wild life. This is an important
provision as the environment is greatly influenced by forests and wild life. The forests in
particular has a direct relation with water pollution as the forest is responsible for natural rain
which protects against pollution to a great extent and again by maintaining a balance, it
constitutes an important safeguard against atmosphere pollution. In this way the forests
contribute a lot in protecting the pollution of water5.

In India, the judicial attitude in protecting and improving the environment provides a testimony
of the fact that, directive principles are not mere guiding principles of policy but they have to
be given effect to. In Shri. Sachidanand Pandey v. State of West Bengal 6the Supreme Court
pointed out that whenever a problem of ecology is brought before the court, the court is bound to
bear in mind Articles 48-A and 51-A (g) of the Constitution, the Court further observed: When
the Court is called upon to give effect to the directive principles and the fundamental duty, the
court is not to shrug its shoulders and say that priorities are a matter of policy. The least the
Court may do is to examine whether appropriate consideration are borne in mind and

5
Dr. Sukanta K. Nanda, Environmental Law, 76 (Central Law Publication: Allahabad, 1st Edn., 2007).
6
AIR 1987 SC 1109.

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irrelevancies excluded. In appropriate cases, the Court may go further, but how much further
must depend on the circumstances of the case. The Court may always give necessary directions.
However, the Court will not attempt to nicely balance relevant considerations. When the
question involves nice balancing of relevant considerations, the court may feel justified in
resigning itself to acceptance of the decision of the concerned authority.

In T. Damodhar Rao. v. S. O Municipal Corporation, Hyderabad7 the court pointed out that in
view of Articles 48-A and 51-A(g), it is clear that protection of environment is not only the duty
of every citizen but it is also the obligation of the State and all other State organs including
courts. In M.C. Mehta v. Union of India45 8the court observed that Articles-39(e), 47 and 48-A
by themselves and collectively casts a duty on the State to secure the health of the people,
improve public health and protect and improve environment. The cumulative effect of Articles
48-A and 51-A(g) appears to be that the State as much as the Citizens both are now under a
constitutional obligation to conserve, preserve, protect and improve the environment.

CONCLUSION

Environmental pollution which has emerged as one of the biggest social problems is being
regarded as a real problem affecting the society at large and thus state is under an obligation to
fulfill the basic aim of socialism, that is, to provide decent standard of living to all which can be
possible from a pollution free environment. The environmental issues are complex and need to
dwell on points of scientific and technical relevance. The Courts in such situations find it
difficult to form its own independent opinion and take recourse to the help of expert committees
which is a long and time consuming exercise.

The powers vested to the Pollution Control Boards are not enough to prevent pollution. The
Boards do not have power to punish the violators but can launch prosecution against them in the
Courts which ultimately defeat the purpose and object of the Environmental Laws due to long
delays in deciding the cases. Environmental protection is an integral part of the development
process and cannot be considered in isolation from it. This involves a holistic approach and
understanding of issues which are best handled with the participation of all concerned.

7
AIR 1987 AP 171
8
5 (2002) 4 SCC 356. (popularly known as CNG case).

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