Right to Life and Environmental Protection: Article 21 in the Context of Climate Justice

When we speak of the right to life under Article 21 of the Indian Constitution, we often think of basic liberties—safety, dignity, personal freedom. But in today’s world, the meaning of “life” cannot be divorced from the environment we live in. Air that is unbreathable, water that is toxic, and climate that is erratic threaten the very essence of life itself. Climate change is no longer a distant worry; it is a lived reality. And that brings us to a vital constitutional question: Can climate justice be seen as a part of the right to life under Article 21?

Indian courts have already begun to answer this in the affirmative. Over the past few decades, the judiciary has steadily expanded the interpretation of Article 21 to include the right to a clean and healthy environment. Landmark cases like Subhash Kumar v. State of Bihar (1991) held that “right to life includes the right of enjoyment

of pollution-free water and air.” This progressive jurisprudence has become even more important in the face of climate threats.

But what does climate justice actually mean in this context? It is not just about protecting trees or penalising polluters. Climate justice is about equity. It recognizes that vulnerable communities—tribals, farmers, the poor—are disproportionately affected by floods, droughts, heatwaves, and displacement, even though they contribute least to global emissions. Integrating climate concerns into the legal understanding of life and dignity means recognising the unequal burdens imposed by environmental degradation.

In Assam's Dhemaji district, recurrent floods have led to significant displacement, forcing many to migrate for survival. Women, children, and the elderly are often left behind to cope with the aftermath, underscoring the gendered impacts of climate-induced disasters

Recently, the Supreme Court of India took a significant step in this direction in the M.K. Ranjitsinh v. Union of India (2024) judgment. The Court recognized the “right against the adverse effects of climate change” as part of Article 21. This is a remarkable evolution. It signals that environmental protection is no longer a matter of charity or policy preference—it is a constitutional duty, enforceable in law.

However, the real test lies in implementation. Climate justice cannot be served through lofty judgments alone. It requires institutional accountability, active monitoring, and clear environmental governance. Environmental Impact Assessments (EIAs) must be transparent and not reduced to routine paperwork. Forest clearances, industrial licenses, and urban planning must go beyond technical compliance and consider long-term climate impact.

The judiciary must also balance development with sustainability. Courts often face cases where industrial or infrastructural projects promise economic growth but risk environmental damage. The solution is not to stop development but to ensure that it is environmentally responsible. In this regard, the principle of “sustainable development” has been well embedded in Indian environmental jurisprudence since the Vellore Citizens’ Welfare Forum case (1996), where the Court brought in the “precautionary principle” and “polluter pays” doctrine into Indian law.

Equally important is access to environmental justice. Marginalised communities need mechanisms to raise concerns effectively, without facing bureaucratic or financial hurdles. Green benches, fast-track hearings, and support for public interest litigation are essential to keep this right alive for all citizens—not just the urban elite.

In conclusion, Article 21 is not static. Its interpretation has kept pace with societal changes and must now evolve further to meet the climate crisis head-on. Recognising the right to a stable climate and healthy environment as a part of the right to life is not a judicial overreach—it is a constitutional necessity. The judiciary, as the guardian of fundamental rights, has a critical role to play in ensuring that climate justice is not just a slogan, but a living reality for every Indian.