What are the rights a person has under this law?

Last updated on Jun 21, 2022

The right to healthy environment(( Rural Litigation and Entitlement Kendra v. State of U.P, (1985) 2 SCC 431 : AIR 1985 SC 652.)) for all persons is a part of the Right to Life guaranteed by Article 21 of the Constitution of India. This includes the right to pollution free water(( A.P. Pollution Control Board v. M.V. Nayadu II, (1999) 2 SCC 247 : AIR 1999 SC 912; Mrs. Susetha v. State of T.N., (2006) 6 SCC 543; Narmada Bachao Andolan v. Union of India, (2000) 10 SCC 664; Subhash Kumar v. State of Bihar, (1991) 1 SCC 598 : AIR 1991 SC 420.))(( T. Damodhar Rao v. S.O. Municipal Board, AIR 1987 AP 171; Chhetriya Pradushan Mukti Sangarsh Samiti v. State of U.P., (1990) 4 SCC 449 : AIR 1990 SC 2060; T.N. Godavarnam Thirumalpad v. Union of India, (2002) 10 SCC 606.)).  People have a right to seek remedy for anything which endangers or impairs the quality of life under Article 21 i.e., interferes with the clean water or pollutes water, in violation of the laws,  under Article 32 of the Constitution(( Subhash Kumar v. State of Bihar , AIR 1991 SC 420.)).

Article 48A and Article 51A(g) of the Constitution of India, place a duty on the State as well as every citizen of India to improve and protect the environment including rivers and lakes from pollution.

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