DRP News Bulletin

DRP NB 27 Sep 2021: TN HC: Protest against environment violations fundamental duty

(Feature image: Protesters hold placards during a demonstration against the killings of 13 protesters in Tuticorin. Photograph: Arun Sankar/AFP/Getty, Source The Guardian report. )

In a remarkable refreshing order, the Madurai bench of Tamil Nadu High Court has held that protest against environmental violations like that of Sterlite factory is a fundamental duty of citizens. The Madurai bench has reasoned that the duties of the state in protecting the environment are basically the rights of the people. The bench relied on Article 51-A (g) of Part IV-A (Fundamental Duties), which deals with the duty to protect and improve the natural environment, including forests, lakes, rivers and wildlife and to have compassion for living creatures. A liberal interpretation of Article 21 (protection of life and personal liberty) of the constitution enabled the bench to hold that right to environment, free of danger of disease and infection is inherent in it.

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