Roadmap for Answer Writing Introduction Define Fundamental Rights as part of the Indian Constitution (Part III). State the recent recognition of the Right to Privacy by the Supreme Court. Outline the objective: to examine how this judgment affects the scope of Fundamental Rights. Historical Context ...
Model Answer Introduction The right to a clean environment is a fundamental aspect of the right to life, as enshrined in Article 21 of the Indian Constitution. This article states that “No person shall be deprived of his life or personal liberty except according to the procedure established by law.”Read more
Model Answer
Introduction
The right to a clean environment is a fundamental aspect of the right to life, as enshrined in Article 21 of the Indian Constitution. This article states that “No person shall be deprived of his life or personal liberty except according to the procedure established by law.” The right to a clean environment encompasses the right to clean air, which is essential for a healthy life.
Body
In the context of burning crackers during Diwali, the Supreme Court of India has addressed the issue through several landmark judgments aimed at balancing environmental concerns with cultural practices.
- M.C. Mehta vs Union of India (2001): The Supreme Court emphasized the right to a clean environment and directed the government to implement measures to control noise pollution from firecrackers. This included setting noise standards and restricting the use of firecrackers in residential areas.
- Arjun Gopal vs Union of India (2017): The court imposed a temporary ban on the sale of firecrackers in the Delhi-NCR region due to severe air pollution during Diwali. It also directed the Central Pollution Control Board (CPCB) to assess the impact of firecrackers on air quality and report its findings.
- Guidelines Issued in 2018: The Supreme Court established guidelines for the use of firecrackers during Diwali, which included restrictions on the sale and manufacture of non-green crackers, designated time slots for bursting crackers, and specific areas for community celebrations. The court encouraged the use of environmentally-friendly crackers that produce less air and noise pollution.
These judgments reflect the Apex Court’s commitment to protecting the right to a clean environment while acknowledging the cultural significance of Diwali. Legal regulations on burning crackers are essential to mitigate adverse effects on air quality and public health, thereby safeguarding citizens’ well-being.
Conclusion
The Supreme Court’s rulings illustrate a balanced approach that seeks to uphold the right to a clean environment while respecting cultural traditions. Legal regulations on the burning of crackers during Diwali are crucial for ensuring a healthier environment and protecting public health.
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Model Answer Introduction Fundamental Rights, enshrined in Part III of the Indian Constitution, are pivotal in safeguarding the dignity, equality, and freedom of every citizen. These rights have evolved through judicial interpretations, with a significant milestone being the recognition of the ‘RighRead more
Model Answer
Introduction
Fundamental Rights, enshrined in Part III of the Indian Constitution, are pivotal in safeguarding the dignity, equality, and freedom of every citizen. These rights have evolved through judicial interpretations, with a significant milestone being the recognition of the ‘Right to Privacy’ as a fundamental right in the landmark case of Justice K.S. Puttaswamy (Retd.) vs Union of India (2017).
Evolution Towards the Puttaswamy Judgment
The journey to recognizing privacy as a fundamental right faced challenges, particularly from earlier judgments like Kharak Singh vs State of UP, which did not acknowledge privacy as constitutionally protected. The Puttaswamy case arose amidst concerns regarding the Aadhaar scheme, prompting a need for clarity on privacy rights.
Unpacking the Puttaswamy Judgment
In a historic ruling, the Supreme Court declared the right to privacy as intrinsic to the right to life and personal liberty under Article 21. The judgment established critical tests for any infringement on privacy, including legality, necessity, and proportionality, thereby setting a threshold for state actions. It emphasized various facets of privacy, such as informational privacy and privacy of choice, highlighting the importance of dignity and freedom.
Broader Implications on Fundamental Rights
The affirmation of the right to privacy has had far-reaching implications. It influenced the decriminalization of homosexuality in the Navtej Singh Johar case, reinforcing individual autonomy. Additionally, the recognition of the ‘Right to be Forgotten’ in the digital realm further enhances individual freedom, allowing control over personal digital footprints.
Challenges and Subsequent Measures
Despite these advancements, challenges remain, particularly regarding data protection and state surveillance. The government has initiated the draft Personal Data Protection Bill to safeguard personal data, reflecting a commitment to privacy post-Puttaswamy, although it requires further refinement.
Conclusion
The Puttaswamy judgment exemplifies the dynamic nature of the Indian Constitution, adapting to contemporary societal needs. By embedding the right to privacy within fundamental rights, the Supreme Court has reinforced the Constitution’s commitment to human dignity and personal autonomy. However, the effectiveness of this right depends on robust legislative frameworks and vigilant citizenry, balancing individual privacy with state interests in an evolving democratic landscape.
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