The need for environmental protection has brought about the international recognition of the right to a clean environment expressed in various international declarations and resolutions. In order to implement the right to a clean environment, it must be reflected in national constitutions and laws of individual states. India and Tanzania serve as examples here for an analysis of the problems in implementing and enforcing the right to a clean environment. Ratifying international agreements on environmental issues, India included the right to clean environment in ist constitution. It is clearly stated in the Directive Principles. The states of India have to comply with these Directive Principles when making laws. The Directive Principles" are, however, not enforceable in court. Various case studies show that the right to a clean environment can be enforced by linking it, for example, with the right to life enshrined in the Indian constitution. The importance of public interest litigation groups is shown. The constitution of Tanzania does not state the right to a clean environment. It contains, however, some environmental provisions. But these are too general and very difficult to enforce. Despite the environmental provisions in the constitutions of both India and Tanzania, the laws remain inadequate and the difficulties in enforcing them persist and with it the environmental problems.
Our Constitution has enormously grown and evolved over the years and is said to be one of the most amended constitution so far. In the Indian background, the status of environment protection has not only raised to the fundamental law of land but after a long time in recent past it is corresponded with human rights and is now accepted as well established fact that it is basic human right to every citizen of India [1].
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Explanation:
The need for environmental protection has brought about the international recognition of the right to a clean environment expressed in various international declarations and resolutions. In order to implement the right to a clean environment, it must be reflected in national constitutions and laws of individual states. India and Tanzania serve as examples here for an analysis of the problems in implementing and enforcing the right to a clean environment. Ratifying international agreements on environmental issues, India included the right to clean environment in ist constitution. It is clearly stated in the Directive Principles. The states of India have to comply with these Directive Principles when making laws. The Directive Principles" are, however, not enforceable in court. Various case studies show that the right to a clean environment can be enforced by linking it, for example, with the right to life enshrined in the Indian constitution. The importance of public interest litigation groups is shown. The constitution of Tanzania does not state the right to a clean environment. It contains, however, some environmental provisions. But these are too general and very difficult to enforce. Despite the environmental provisions in the constitutions of both India and Tanzania, the laws remain inadequate and the difficulties in enforcing them persist and with it the environmental problems.
Explanation:
Our Constitution has enormously grown and evolved over the years and is said to be one of the most amended constitution so far. In the Indian background, the status of environment protection has not only raised to the fundamental law of land but after a long time in recent past it is corresponded with human rights and is now accepted as well established fact that it is basic human right to every citizen of India [1].