Subject: Case Laws

“The Constitution is not a mere lawyers’ document, it is a vehicle of Life, and its spirit is always the spirit of Age.”- B.R. Ambedkar

Constitutionalization of environmental problems under Article 21 is the embodiment of this spirit.

Constitutionalization is done through

Expansion of Article 21

Use of Directive Principles (Art. 48A, 51A(g))

Development of Doctrines (Polluter Pays, Precautionary Principle, Public Trust, Absolute Liability, Intergenerational Equity)

Expansion of Judicial Review & PILs

Use of Continuous Mandamus

Relevant case laws

Industrial Pollution

MC Mehta v. Union of India (Oleum Gas Leak, 1986) – Established Absolute Liability for hazardous industries.

Indian Council for Enviro-Legal Action v. UOI (1996) – Applied Polluter Pays Principle.

Water Pollution

MC Mehta v. UOI (Ganga Pollution, 1988) – Ordered closure of polluting tanneries.

Paryavaran Suraksha Samiti v. UOI (2017) – Directed installation of Sewage Treatment Plants (STPs).

Air Pollution

MC Mehta v. UOI (Delhi Pollution, 1998) – Mandated conversion of public transport to CNG.

MC Mehta v. UOI (Firecrackers, 2024) – Imposed ban to ensure clean air.

Deforestation & Forest Rights

T.N. Godavarman v. UOI (1997-ongoing) – Continuous mandamus for forest conservation.

Niyamgiri Case (2013) – Empowered Gram Sabha to protect tribal rights.

Climate Change

M.K. Ranjitsinh v. UOI (2024) – Recognised Right against adverse climate impacts under Articles 14 and 21.

Natural Resources

MC Mehta v. Kamal Nath (1997) – Applied Public Trust Doctrine to rivers.

Reliance Natural Resources v. RIL (2010) – Declared natural resources as public property.

Development Projects

Narmada Bachao Andolan v. UOI (2000) – Integrated sustainable development into constitutional law.

Vanashakti v. UOI (2024) – Stressed need for prior environmental clearance.

As Justice P.N. Bhagwati observed, “Right to life includes the right to live with human dignity” – and dignity today is inseparable from a clean and healthy environment.

Gender justice implies ensuring equality, dignity, and non-discrimination for women genders in political, social, and economic spheres.

As per UN Women, gender justice entails ending the inequalities between women and men that are produced and reproduced in the family, the community, the market and the state.

Constitutional Provisions

Articles 14, 15, 16 – Equality before law, prohibition of gender discrimination, equal opportunities in employment.

Article 21 – Right to life with dignity, bodily autonomy, and reproductive choice.

Articles 39(a), 39(d), 42 – Equal pay for equal work, maternity relief, humane conditions of work.

73rd & 74th Amendments – 33% reservation for women in Panchayati Raj and urban local bodies.

Articles 23 & 24 – Prohibition of trafficking of women and child labour.

Article 51A(e) – Fundamental duty to renounce practices derogatory to women’s dignity.

Case Laws

Air India v. Nargesh Mirza (1981) – Struck down discriminatory service rules against women employees.

Anuj Garg v. Hotel Association (2008) – Invalidated law barring women from working in bars as stereotypical.

Vishaka v. State of Rajasthan (1997) – Laid down sexual harassment guidelines at workplace.

Joseph Shine v. UOI (2018) – Struck down adultery law as discriminatory.

Rajesh Kumar Gupta v. State of UP (2005) – Upheld reservation for women in teacher recruitment.

Laxmi v. Union of India (2014) – Guidelines for acid attack victims’ compensation.

Independent Thought v. UOI (2017) – Criminalised marital rape of girls aged 15-18.

Shah Bano Case (1985) – Muslim woman’s right to maintenance upheld.

Shayara Bano v. UOI (2017) – Instant triple talaq declared unconstitutional.

Indian Young Lawyers Assn. v. State of Kerala (2018) – Sabarimala judgment ensured women’s entry into temples.

Challenges

Patriarchal Mindset – Eg- khap Panchayats

Implementation Gap – Eg- Beti Bachao Beti Padhao

Violence Against Women – Rising cases of domestic violence, acid attacks, honour killings.

Intersectional Discrimination – Dalit, tribal, and minority women face compounded marginalisation.

Way Forward for Gender Justice–

Effective Implementation – Strict monitoring of laws like POSH Act, Dowry Prohibition Act, and POCSO.

Judicial Responsiveness – Fast-track courts and gender-sensitive training for judges.

Bibipur Model (Haryana) naming streets after daughters to promote recognition.

Digital Empowerment – Tamil Nadu’s Agal Vilakku to address cyberbullying and online harassment.

“I measure the progress of a community by the degree of progress which women have achieved.” – Ambedkar

Salient Features – Preamble to Emergency