The Kolkata municipal body is allowing a factory to dump toxic waste near my home. How do I enforce my right to a clean environment?
VE Asked by Veena Shastri from India
Quick Answer
Article 21 of the Constitution includes the right to a clean and healthy environment, as held in Subhash Kumar (1991) and the right against pollution affecting health.
Detailed Legal Analysis
Article 21 of the Constitution includes the right to a clean and healthy environment, as held in Subhash Kumar (1991) and the right against pollution affecting health. File a complaint with the State Pollution Control Board in West Bengal and the Central Pollution Control Board.
Issue a legal notice to the factory and the Kolkata municipal body. File a PIL before Calcutta High Court under Article 226 seeking closure or regulation of the factory and compensation for affected residents.
The polluter pays principle, recognised in Indian Council for Enviro-Legal Action (1996), applies. Preserve waste samples, photographs, and medical records as evidence.
Refer to West Bengal Premises Tenancy Act 1997 for state pollution control and municipal law in West Bengal.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.