Right to health with special reference to healthy environment

Abstract

Public health is the most relevant area of discussion of all times. This paper analyses the relation between health rights and environmental protection. There are no direct provisions under Part III of the Indian Constitution related to Health and the Environment. Thus, judicial interpretations accommodating Health and Clean Environment under Article 21 are examined. The nexus between public health and the environment is cross-checked with empirical data. The role of the judiciary in emphasising health and environmental rights is noteworthy. The constitutional interpretations and judicial recommendations paved way for legislative actions in these areas. The environmental legislations mostly give importance to public health along with environmental protection. Analysing the environmental laws, it is evident that the principle behind all those legislations is public health concerns. The role of NGT is remarkable in serving environmental justice. There is always a conflict between public health, environmental protection, and development which is hard to solve. In the light of the hardships faced by COVID-19, it is evident that environment and human health is closely related and only by giving importance to environmental protection, public health can be ensured.