International Journal For Multidisciplinary Research
E-ISSN: 2582-2160
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A Widely Indexed Open Access Peer Reviewed Multidisciplinary Bi-monthly Scholarly International Journal
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Volume 8 Issue 2
March-April 2026
Indexing Partners
Right to Life and Air Pollution in India: Constitutional Protection, Legal Framework and Contemporary Challenges
| Author(s) | Dr. Sarang Dilipkumar Dave |
|---|---|
| Country | India |
| Abstract | The right to life guaranteed under Article 21 of the Constitution of India has undergone dynamic judicial interpretation, expanding far beyond mere animal existence to include the right to live with human dignity, health, and a clean environment. Among environmental concerns, air pollution has emerged as one of the gravest threats to the effective enjoyment of this fundamental right. Rapid industrialization, urbanization, vehicular growth, construction activities, and agricultural practices have severely degraded air quality across India, leading to serious public health consequences. This article examines the constitutional dimensions of the right to life in relation to air pollution in India. It analyses how the Supreme Court of India has interpreted Article 21 to include the right to pollution-free air, supported by Directive Principles of State Policy and Fundamental Duties. The study further evaluates the statutory framework governing air pollution, including the Air (Prevention and Control of Pollution) Act, 1981, the Environment (Protection) Act, 1986, and the role of the National Green Tribunal. Despite progressive jurisprudence, the article identifies major challenges such as weak enforcement, institutional inefficiencies, lack of coordination among authorities, and limited public participation. The article concludes by emphasizing the need for stronger governance, effective implementation of environmental laws, and sustained judicial oversight to ensure meaningful protection of the right to life against the menace of air pollution. |
| Keywords | ARTICLE 21, ENVIRONMENT PROTECTION ACT, SUPREME COURT JUDGMENTS |
| Published In | Volume 8, Issue 1, January-February 2026 |
| Published On | 2026-02-12 |
| DOI | https://doi.org/10.36948/ijfmr.2026.v08i01.68536 |
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E-ISSN 2582-2160
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