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VOL. 5, ISSUE 1 (2023)
Integrating environmental protection and human rights: an analytical review of India’s legal and policy framework
Authors
Megha Sharma, Dr. Vivek Malik
Abstract
The international and Indian legal and policy frameworks
have been transformed by the acknowledgment of the inherent human right to a clean
and healthy environment. Examining environmental protection within the human rights
framework of India from constitutional, legislative, and institutional perspectives,
this review article analyzes and discusses the topic. Articles 21, 48A, and 51A(g)
of the Indian Constitution are discussed, along with how international agreements
like the Stockholm Declaration (1972), Rio Declaration (1992), and the Paris Agreement
(2015) have affected them. The paper evaluates the operational functions of CPCBs,
SPCBs, NGT, and MoEFCC and explores significant environmental legislations such
as the Environment (Protection) Act, 1986, the Air and Water Pollution Acts, and
the Forest and Wildlife Protection Acts. Despite significant progress, weak enforcement,
judicial overload, and policy incoherence remain major challenges. The paper concludes
that realizing environmental justice in India demands a robust rights-based approach,
stronger institutional accountability, and participatory environmental governance
to ensure sustainable development and human well-being.
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Pages:135-140
How to cite this article:
Megha Sharma, Dr. Vivek Malik "Integrating environmental protection and human rights: an analytical review of India’s legal and policy framework". International Journal of Law, Policy and Social Review, Vol 5, Issue 1, 2023, Pages 135-140
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