Human Rights And Climate Change

INTRODUCTION

The post 2nd World War development of Human Rights law begins with the adoption of the U.N Charter that derives the concept of human rights from natural rights. Various principles of Human Rights are as old as the ancient doctrine of “natural rights”. What exactly defines Human Rights, from where it has been borrowed and how it is included in the Indian Constitution? In this context, a prime issue is - Human Rights and Climate Change. How are human rights affected by climate change? All human beings depend on nature to live. A safe, clean and healthy environment is an integral part of the full enjoyment of human rights, which also includes the right to food, life, health, water, and sanitation. Many states have already included the Right to a safe environment in their constitution as a Fundamental Right. Today the concept of climate change is basically related to human rights and it is the most debated topic.

DEFINITION OF HUMAN RIGHTS

Human Rights are those inalienable and fundamental rights of every individual, which is essential for the existence of human lives. (1) Every person is irrespective of his/her nationality, race, religion, sex or place of living just because simply he/she is a human being. Human Beings are thus inherent in human nature.

Human Rights are not created by any legislation. They resemble the natural rights where the legislation deals with protecting these rights. It guarantees the welfare of common people in the territory so that everyone is equally protected and given these rights. Human rights cannot be taken away by any legislative act of Government because they are basic and natural Fundamental rights which were granted to every human being by their birth.

ORIGIN AND DEVELOPMENT OF HUMAN RIGHTS

The first important step in the direction of Human Rights - It was based on the “universal basis” which was adopted by UDHR (Universal Declaration Of Human Rights) on 10th Dec 1948 by the U.N General Assembly. This act reflects the boldness of U.N to provide Human Rights to all the people of the world either rich or poor, educated or uneducated because Human Rights is based on dignity and the main objective is to protect the life of human beings.

UDHR consists of a preamble which refers to the faith in human rights with dignity and includes almost 30 Articles covering both civil and political Rights along with social and cultural rights too. UDHR declares a common standard of achievement for the peoples of all the nations.

RIGHT TO ENVIRONMENT AS A BASIC FUNDAMENTAL RIGHT

The term 'environment' means - surroundings of natural resources, atmosphere, water bodies, trees, and plants. In the Vedic period, Environment was considered as one’s inseparable part of life. A healthy environment is an essential element and aspect of the right to live life not only for humans but it also belongs to all the animals or any other creatures belonging to this planet. (3) Violation of a Healthy environment is the violation of the right to life. The meaning to ‘safe environment’ is ambiguous, since it may result in Hazardous pollution which is increasing day-by-day. According to Global witness, 2016 was the deadliest year on record, with at least 200 killings of environmental and land-right activities. The man was born with the fundamental right to freedom, right to equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well being, and bears a solemn of responsibility to protect and improve the environment for present and future generations. The right to have a decent, clean environment to live peacefully is guaranteed under Article 21 of the Indian Constitution. The Right to life and Environmental pollution are indicative of the fact that our judiciary is much alert and active to the right of not only the resent but for the future too.

CONCEPT OF HUMAN LIFE AND ENVIRONMENT

According to the Stockholm Declaration on the Human Environment,1972 right to the environment means the right to life itself which means that man is both the creator and molder of the environment, which gives physical sustenance and affords the opportunity of intellectual, science and moral as well as social. The protection and improvement of the human environment is a major issue that affects the whole world or might be the generation. There are many conflicts growing as evidence of a man had cause harm to the beautiful nature and many reasons for the earth, the level of pollution is increasing since the last decades. Human beings themselves might know that these serious issues of pollution like noise, water, air may cause harm to their life too which will bring a threat to their life. It should be focus to keep our environment neat and clean. Now the world has reached the point where we must try to shape the action towards a greener environment. To defend and to improve the human environment for future and present generation which has become an imperative goal for mankind, a goal to be pursued together with harmony with the proper establishment of goal and peace of the worldwide. Therefore, the developing countries must direct their efforts to development, bearing in mind their priorities and must need the safeguard for the protection of the environment. In order to attain sustainable environment protection of the environment shall constitute an integral part of the development process. The foundation of the jurisprudence of Environment protection was laid down under the Art48-A and 51-A(g) of the Constitution Of India in the 42nd Amendment Act, 1976.

CASE LAW:

M.C MEHTA v UNION OF INDIA(4)

In this famous landmark judgment case, the Hon’ble Supreme Court held that everyone is entitled to a safe environment and it is the fundamental duty of every citizen to protect the environment.

[The author, Upasana Borah is a 4th Year law student at NEF LAW COLLEGE, ASSAM affiliated to Gauhati University]

1. HUMAN RIGHTS UNDER INTERNATIONAL LAW AND INDIAN LAW BY DR. S.K KAPOOR (2ND EDITION), 2001
2. https://www.ohchr.org/EN/UDHR/Documents/UDHR_Translations/eng.pdf
3. https://www.ohchr.org/EN/Issues/Environment/SREnvironment/Pages/SRenvironmentIndex.aspx; Mahendra P. Singh, J.N Pandey and V.N Shukla Constitution of India, 11th Ed
4. M.C MEHTA v UNION OF INDIA, Union of India, AIR 1987 SC 1086