Environment & Health |
Healthy Environment, a Human Right: The Apex Court has held that,
…A responsible Municipal Council constituted for the precise purpose of
preserving public health and providing better finances cannot run away from its
principal duty by pleading financial inability. Decency and dignity are
non-negotiable facets of human rights and are a first charge on local
self-governing bodies. Similarly, providing drainage
system – not pompous and attractive, but in working condition and sufficient to
meet the needs of the people – cannot be evaded if the municipality is to
justify its existence… .
The court has held that as per Art. 47 of the Constitution of India it is the
duty of the state to provide for proper facilities for public health.
Under Article 47 of the Constitution of India, it is the responsibility of the
State to raise the level of nutrition and the standard of living of its people
and the improvement of public health. It is incumbent on State to improve the
health of public providing unpolluted drinking water. State in present case has
failed to discharge its primary responsibility. It is also covered by Article 21
of the Constitution of India and it is the right of the citizens of India to
have protection of life, to have pollution free air and pure water… .
The Supreme Court in Murli S Deora vs. Union of India and Ors5, recognized the
harmful effects of smoking in public and also the effect on passive smokers, and
in the absence of statutory provisons at that time, prohibited smoking in public
places such as,1.auditoriums, 2. hospital buildings, 3. health institutions, 4.
educational institutions, 5.libraries, 6. court buildings, 7. public office, 8.
public conveyances, including the railways. |
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