{Relevant for Civil Service Examination.}
Constitution, Law & Environmental Protection & Sustainability : A Fact File
Originally, our constitution did not have specific provisions for safeguarding the natural environment. However, following the United Nations Conference on Human Environment in Stockholm in 1972, amendments were made to the Indian constitution to incorporate environmental protection as a constitutional obligation.
Legislation related to the environment was enacted relatively late in 1972 with the introduction of the Wild Life Protection Act. The forty-second amendment to Article 51A of the Indian constitution, focused on Fundamental Duties, made protecting and enhancing the natural environment a fundamental duty.
Article 51A (g) emphasizes that every citizen must protect and enhance the natural environment, encompassing forests, lakes, rivers, wildlife, and show compassion for living creatures.
Article 48A directs the State to strive for environmental protection and improvement, safeguarding forests and wildlife.
Article 21 guarantees citizens the right to a healthy environment.
Established in 1980, the Department of Environment in India aimed to ensure a healthy environment, later evolving into the Ministry of Environment and Forests in 1985. The Environment Protection Act of 1986 became effective after the Bhopal Gas Tragedy, addressing gaps in existing legislation.
Constitutional provisions grant power and rights to citizens for environmental protection:
- Article 48A emphasizes the State’s duty to protect the environment.
- Article 51A (g) underscores citizens’ duty to protect and improve the environment.
- Article 253 empowers Parliament to create laws for implementing international treaties on environmental protection.
- Article 246 divides legislative subjects between the Union and State, allowing both to enact laws for environmental protection.
- Article 47 mandates the State to improve citizens’ living standards by protecting the environment.
- Article 21 asserts the right to a pollution-free environment for Indian citizens.
- Article 19(1)(g) restricts citizens from engaging in trade or business activities hazardous to public health.
- Articles 32 and 226 grant citizens the right to approach the Supreme or High Court in case of fundamental rights violations, supporting environmental preservation.
Legislation:
- Environment Protection Act (1986): Umbrella legislation addressing environmental pollution.
- Other laws address specific aspects like water, air, and forests.
Judicial Contributions:
- Supreme Court rulings have recognized the right to a clean environment.
- Examples: Taj Mahal case, Dehradun Valley case, etc.
- Rulings address various environmental issues like air pollution, public health, and park preservation.
Challenges:
- Pollution remains a major concern, impacting health and agriculture.
- Balancing economic development with environmental protection is complex.
Possible Solutions:
- Cleaner fuels, stricter emission regulations, and public awareness campaigns.
The judiciary, recognizing the right to a pollution-free environment, interprets Article 21 as encompassing the right to a wholesome environment. The Taj Mahal Case, Dehradun Valley Case, and other instances highlight the judiciary’s role in safeguarding the environment through directives and orders.
Public health concerns, like smoking in public places, pollution in Delhi, and the Sri Ram Food and Fertilizer Case, illustrate the Supreme Court’s commitment to preserving public health and controlling pollution. Judicial decisions emphasize the importance of environmental preservation over economic interests.
While pollution remains a significant issue in India, the government has initiated solutions, such as promoting cleaner fuel, emission reduction rules, and awareness campaigns. Cultivating a culture that values the environment is crucial for sustainable development.
Reference: Statistics
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Frequently Asked Questions:
1. Question: Define the term “ethnic movement” and provide an example from India.
Answer: An ethnic movement refers to a collective effort by a group sharing common cultural, linguistic, or religious traits, seeking to assert their identity and rights; an example from India is the Khalistan Movement in Punjab.
2. Question: Identify the main objectives behind the Gorkhaland ethnic movement.
Answer: The Gorkhaland ethnic movement primarily seeks to establish a separate state for India’s Nepali-speaking population in the Darjeeling region, advocating for linguistic and cultural recognition and political autonomy.
3. Question: What was the Operation Blue Star, and which ethnic movement was it related to?
Answer: Operation Blue Star was a military action in 1984, aiming to remove Sikh militants hiding in the Golden Temple in Amritsar; it is related to the Khalistan movement, which sought a separate Sikh country.
4. Question: Mention a critical factor that triggered the emergence of ethnic movements in India, as discussed by Dipankar Gupta.
Answer: Dipankar Gupta emphasized that ethnicity is fundamentally a political process, wherein caste and religion, the key components of identity formation, are politicized by leaders for vested interests.
5. Question: What were the primary reasons for the Assam Ethnicity conflicts involving Bodo tribals and Bengali Muslim settlers?
Answer: The Assam Ethnicity conflicts primarily stemmed from issues related to immigration, land rights, and resource allocation, leading to clashes, riots, and evolving relationships among indigenous communities to address challenges.
6. Question: Briefly describe the role of the Dravidian Movement in terms of caste and societal structure.
Answer: The Dravidian Movement, led notably by E.V. Ramasamy, aimed to establish an egalitarian society, focusing on anti-Brahmanism and advocating for equal rights for backward castes, while also introducing reforms like self-respect marriages.
7. Question: Name the prominent ethnic movements in North-East India and specify one common objective.
Answer: Prominent ethnic movements in North-East India include the Nagas’ and Mizos’ struggles; a common objective was to gain autonomy and recognition for their distinct tribal identities and cultural uniqueness.
8. Question: What is the key argument of Gail Omveldt regarding traditional Indian society and multiculturalism?
Answer: Gail Omveldt opposed romanticizing traditional Indian society, arguing that hierarchy has always dominated it and dismissing the notion that multiculturalism is an intrinsic feature of Indian society as a myth.
9. Question: Briefly explain the social hierarchy factor as a contributing element to ethnic movements as suggested by Olzak.
Answer: Olzak suggests that the construction of hierarchies among ethnic communities, which often leads to the suppression of one group by another, is a key factor that can instigate social and ethnic movements.
10. Question: Identify one consequence of the unequal economic development factor within the context of ethnic movements in India.
Answer: One consequence of unequal economic development is the marginalization and underdevelopment of certain groups, leading to feelings of alienation and sometimes initiating ethnic movements as these groups strive for equality and recognition.
GS Related Practices Questions…
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META TAGS:
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