What are the challenges in defining and protecting the right to a healthy environment in India?

The right to a healthy environment is increasingly recognized as essential for the well-being of citizens in India. While this right is not explicitly mentioned in the Constitution, the judiciary has interpreted it as part of the Right to Life under Article 21. However, there are several challenges in defining and protecting this right effectively.

• Lack of Explicit Constitutional Provision: The Indian Constitution does not directly mention the right to a healthy environment, leading to ambiguity in its scope and enforceability.
• Balancing Development and Environment: Rapid industrialization and urbanization often conflict with environmental protection. Striking a balance between economic growth and environmental sustainability is a major challenge.
• Weak Implementation of Laws: Although there are several environmental laws (like the Environment Protection Act, 1986), enforcement is often weak due to lack of resources, corruption, and bureaucratic delays.
• Judicial Overload: Courts play a crucial role in upholding environmental rights, but a large number of pending cases and limited technical expertise can slow down the process.
• Poor Public Awareness: Many citizens are unaware of their environmental rights and the legal remedies available, which limits public participation and accountability.
• Fragmented Institutional Framework: Multiple agencies at central and state levels often work in silos, leading to poor coordination and ineffective action.
• Environmental Degradation and Pollution: High levels of air, water, and soil pollution make it difficult to ensure a healthy environment, especially in urban and industrial areas.
• Lack of Reliable Data: Inadequate environmental monitoring and data collection hamper effective policy-making and enforcement.
• Social and Economic Inequalities: Vulnerable groups like the poor, tribal communities, and women are often disproportionately affected by environmental degradation and have less access to legal recourse.