Environment Protection Vis-à-Vis Religious Beliefs in India: An Analysis of the Constitutional and Judicial Approach

Abstract

The most prominent aspects of environment lie in- the sacredness of the land, the freshness of the air, the sparkle of water, the midst of dark woods, the music of the winds, the songs of the humming insects and the fragrance of the flowers. The relationship of trees, beasts, rivers, sky and furthermore, different aspects of nature are firmly sewn with the lives of individuals. The privilege to live in a perfect and solid condition is a standout amongst the most esteemed wellsprings of life. The Right to live in a hygienic atmosphere is not a recent right invented by Environment Jurisprudence in India. This right has been recognized by ancient Indian scriptures in the form of Vedas, Dharam- Shastras and Granthas under various religions. The major difference in the enjoyment of this right in the 21^st century is that it has acquired the privilege of a ‘Fundamental Right’ the breach of which, the Constitution of India will not allow. The Constitution of India declares that ‘Secularism’ is the first and foremost doctrine that opposes all forms of inter-religious domination. However, in the name of religion, nature’s gifts are exploited. This article is focused on the analysis of two important issues: (a) Different religious practices that lead to environmental pollution and (2) Paradox of two fundamental Constitutional rights namely ‘Secularism’ and ‘Fundamental Right to live in the healthy environment’.