Pollution in Ghaziabad is threatening my right to life; what constitutional remedy exists?
AS Asked by Ashok Yadav from India
Quick Answer
The right to a clean and healthy environment is part of the right to life under Article 21, recognised by the Supreme Court in multiple cases including M.C.
Detailed Legal Analysis
The right to a clean and healthy environment is part of the right to life under Article 21, recognised by the Supreme Court in multiple cases including M.C. Mehta v.
Union of India. File a writ petition under Article 32 in the Supreme Court or Article 226 in the Allahabad High Court against the polluting source and the regulatory authorities.
The court can issue directions to the Pollution Control Board to enforce the standards and to the polluter to pay remediation costs under the polluter pays principle. The right includes the right to clean air, water and a hazard-free living environment, and the state has a positive duty to protect it.
Uttar Pradesh Rent Control Act 1972 on pollution control must be enforced by the State Board, and its inaction is justiciable as a violation of Article 21. Collect pollution data, the source details, and the complaints filed with the Board in Ghaziabad, and the court can appoint an expert committee to monitor compliance and report periodically.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.