Author(s): Mugdha Dwivedi

Abstract: This article intricately explores the dynamic interplay between the hallowed realm of human rights and the ever-evolving sphere of environmental law. It elucidates the increasingly acknowledged and symbiotic relationship between these legal paradigms, emphasizing the categorical imperative of seamlessly integrating human rights tenets into the tapestry of environmental decision-making processes. In doing so, it underscores the cardinal role played by environmental jurisprudence in steadfastly upholding and vindicating the sacrosanct domain of human rights. Human rights and environmental law, akin to entwined vines, exhibit an indelible intertwining, mutually fortifying each other's foundations. Both are fundamentally geared towards the solemn mission of acknowledging and fortifying the edifice of human well-being. It is manifestly evident that numerous international and national entities, including governments, have formally acknowledged and consecrated the intrinsic nexus between environmental regulatory frameworks and the sacred precincts of human rights. Given their shared aspiration to elevate the human condition, the synergy between human rights and environmental conservation becomes palpable. This interconnection is most conspicuously illustrated in the juridical amplification of the right to life, ingeniously extending its purview to encompass the right to an environment imbued with salubrity. This treatise adeptly navigates the pivotal crossroads where the venerable pathways of human rights and environmental law converge, forging an indispensable alliance in safeguarding and advancing the wellspring of human welfare. The profound interplay between robust environmental guardianship and the untrammelled realisation of human rights is incontrovertible. This intricate interplay not only serves as a catalyst for sustainable development but also buttresses the scaffold of human rights jurisprudence, effectually broadening its embrace to encompass the hallowed precincts of environmental stewardship. The inseparable intertwinement of the environment and human rights unequivocally posits that the true protection of human rights flourishes in harmonious concert with the vigilant preservation of the environment. In the context of India, the judicial echelons evince an acute cognizance of the indissoluble bond binding environmental preservation to human rights. They astutely apprehend the irreplaceable value of environmental endowments. Consequently, Indian courts tenaciously endeavour to bridge the divide, seamlessly harmonizing the tapestry of environmental statutes with the lofty principles of human rights. Notwithstanding the proliferation of environmental legislation in the Indian legal landscape, the tenacious spectre of environmental challenges endures. To translate aspirations into tangible progress, it becomes imperious that laws are not mere formulations but vibrant instruments, rigorously enforced and subjected to constant judicial scrutiny. Recognizing this irrefutable imperative, the Law Commission of India, in its 186th opus, vigorously championed the establishment of dedicated environmental tribunals, presided over by specialized jurists endowed with the acumen to adroitly adjudicate environmental disputes. The establishment of such judicial bastions is an exigent desideratum whose time has come. It is an era of enlightenment, where the recognition dawns that those who precipitate environmental degradation concurrently trample upon the hallowed precincts of fundamental human rights. The pivotal nexus between environmental despoliation and the infringement of human rights imperatively beckons us to embrace it, resolutely confronting and redressing this discord with unwavering determination.

DOI: 10.22271/2790-0673.2023.v3.i2a.78

Pages: 21-26 | Views: 439 | Downloads: 193

Download Full Article: Click Here