Dhiraj Kumar Mishra*
Faculty, P.G. Deptt. of Law, Ranchi College, Ranchi
Received 12th June, 2008 ; Revised 27th August, 2008
Abstract : Environment protection is an anxiety of everyone and all human beings are dependent on nature for existence of life. The protection of environment is a common subject for all of us. Art. 48A of our constitution provides that state shall endeavour to protect and improve the environment and to safeguard the forest and wild life of the country. Art 51A imposes a fundamental duty on every citizen to protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures. Moreover, the right to live in healthy and pollution free environment has been established as a fundamental right of every person under Article 21 of the constitution. The observation of Judge KEENAN in the famous case of Union of India v. Union Carbide Corporation (1986) 2 Comp LJ169 provoked the Indian Judiciary to develop an indigenous Jurisprudence and to formulate new remedies and new strategies for enforcing the right to life and awarding compensation in an ‘appropriate’ case. The present article aims to analyse the formulation of certain new principles and pronouncement of new doctrines by the supreme court ‘as part of the law of this country’ for protection of environment.