SAFEGUARDING THE SEAS: THE CONSTITUTIONAL RIGHT TO A HEALTHY MARINE ENVIRONMENT UNDER ARTICLE 21

Read full text
Authors: Bhojwani Dr. Shriya
Cited by: 0

Abstract

The Indian Constitution has become a rather unlikely protector of marine ecosystems in the sense that its progressive jurisprudence has been adopted. The core of this metamorphosis lies in Article 21, which was initially formulated in the context of life and liberty, but is now redefined to include the ecological importance. This treatise discusses the interpretation of Article 21 as a right to a clean and healthy marine environment and how judicial innovation and a growing collection of environmental case law has made that possible. This paper also examines the rising challenges to Indian coastal and marine jurisdiction such as industrial pollution and biodiversity loss and question whether legal mechanisms within the country can be adequately used to address these issues. The main focus of the investigation is tension between constitutional guarantees and international responsibilities on the basis of such instruments as UNCLOS, MARPOL, and Convention on Biological Diversity. Based on the landmark rulings by M.C. Mehta, the citizens welfare forum of Vellore, and the Indian council of enviro legal action, the paper illustrates that Indian courts have confused domestic and international law, although the jurisprudence is not uniform, with poor enforcement and redundancy of institutions being frequent. The insider prediction using a doctrinal critique and policy analysis is the trend to be integrated coastal governance that will ensure the constitutional values are not only safeguarded, but also align the environmental commitments of India

Fields of Study & Subjects

Environmental law and policy International Environmental Law and Policies International Maritime Law Issues

Publication details

Journal / source
Zenodo (CERN European Organization for Nuclear Research)
Publication date
13 February 2026
Language
EN
Document type
Book chapter