Rising Air Pollution: A Threat to Constitutional Right to Life

Apart from being an environmental issue, air pollution in India has also become a serious constitutional issue. This blog contends that the presence of toxic air has always resulted in the violation of the basic right to life and dignity guaranteed by Article 21 of the Indian Constitution. Judicial precedents, especially in the case of Subhash Kumar v. State of Bihar, establish that the right to clean air is a constitutional right and not a matter of policy. The lack of effective implementation of policies like the Environment (Protection) Act and the National Clean Air Program leads to the violation of rights on a mass scale on a daily basis.