Safeguarding Human Rights Through Environmental Protection: An Analysis of Article 21 of the Constitution of India

Authors

  • Bhupal Bhattacharya Associate Professor, Banasthali , (A Deemed University)

Keywords:

Article 21, human rights, environmental protection, constitution of India, climate change, judicial decisions, environmental justice, sustainable development

Abstract

Environmental protection is crucial for safeguarding human rights, particularly in the face of growing environmental degradation and climate change. Article 21 of the Indian Constitution guarantees the right to life and personal liberty, which courts have interpreted to include the right to a clean and healthy environment. This research paper analyzes the role of Article 21 in safeguarding human rights through environmental protection in India. It examines the constitutional provisions, judicial decisions, and legal frameworks related to environmental protection and human rights in India. The paper highlights the challenges faced in implementing environmental laws and policies in India, and suggests measures to ensure effective enforcement and protection of human rights. The study concludes that Article 21 plays a critical role in protecting human rights through environmental protection, and that greater efforts are needed to promote environmental justice and sustainable development in India.

Author Biography

Bhupal Bhattacharya, Associate Professor, Banasthali , (A Deemed University)

 

BHUPAL BHATTACHARYA   

 

Address    :    Amity Law school, Amity University Mumbai, Bhatan,

P.O. Samathne, Kasalkhand, Dist. Raigarh, Maharashtra- 410206

E-mail    :    [email protected]; [email protected]

Skype id: bhupalbhattacharya

Phone    :    09564368001/ 7718972360   

PROFESSIONAL PROFILE

  • Accomplishing career as an Administrator and Educator at the Graduate and Post Graduate levels.
  • Outstanding track record in assuring student success and in litigation and drafting.
  • Extensive background of developing and implementing special programs for at-risk and special needs.
  • Effective communicator with excellent planning, organizational, and negotiation strengths as well as the ability to lead, reach consensus, establish goals, and attain results.

PROFESSIONAL & ACADEMIC QUALIFICATIONS:   

❖

Pursuing Ph.D. in Law. (2015 Registered)

2015

Assam University

❖

Post Graduation in Social Work (2 Year MSW) with specialization in Family and Child Welfare

2015



SHIATS

❖

Post Graduation in Law (2 year LL.M) with specialization  in Business Laws

2010



Kurukshetra University

❖

Graduation in Law (LL.B.) with First Rank in College (2nd in University)

2006

Assam University

❖

Graduation in Commerce with Honours in Accountancy

2003

Tripura University

❖

Post Graduate Diploma in Computer Application (1 year PGDCA)

2001

National Academy of Computer Careers

 

ACADEMIC /TEACHING EXPERIENCE

» Assistant Professor, Scale-II, Amity Law school, Amity University Mumbai, (October 2016 to present date)

Subjects Entrusted:

3 year LL.B.                      : Law of Contracts, Hindu Law, Company Law.

5 year B.A., LL.B. & BBA LL.B. ( Hons.) : Law of Contracts, Hindu Law, Direct Tax, Company Law,  Consumer Protection Act, 1986, Property Law

1 Year LL.M: Competition Law

 

» Lecturer, Law College Durgapur, July 2011 to 5th October 2016

Subjects Entrusted:

3 year LL.B.                      : Law of Contracts, Hindu Law, Direct Tax, Company Law.

5 year B.A., LL.B. ( Hons.) : Law of Contracts, Intellectual Property Rights (IPR), Hindu Law, Direct Tax, Company Law,  Consumer Protection Act, 1986,

» Visiting Lecturer cum Consultant, Sikkim Manipal University, Agartala Learning Center (Two Academic Sessions viz. Fall 2008 & Spring 2009)

For MBA    :    (a) Legal Aspects of Business; and (b) Taxation Management.

For BBA    :    (a) Legal Regulatory Framework.

» Visiting Faculty, State Institute of Public Administration and Rural Development (SIPARD), Agartala, Tripura (2003), Taught: Basic concepts of Information Technology along with Programming Language.

PUBLICATIONS, SEMINAR PRESENTATIONS & PARTICIPATIONS (UGC SPONSORED)

  • Polluter pays principle: A critical Review (Published in JCC Law Review, Vol. VI No. I, ISSN 2231 296X 2015)
  • Studying Development: A step towards Sustainable Environment and protection of Human Rights (Published in Forest and Environment in India- Law, History, Culture, and Modern Approaches, ISBN 978-93-83252-85-5, EBH Publications, India, December 2015)
  • Conjugal Visits In Prisons In India: A Human Rights Justification

(Paper presented in International Seminar in Sidho-Kanho-Birsha University, Purulia, West Bengal, India, on April 29 & 30, 2014)

 

  • Insensitive Gender Justice in Modern India. (Published in Global Journal of Juridical Sciences, ISSN 2347- 5668, September 2013)
  • Arrest suspends the right to life and liberty of an individual: A study of societal sanction towards custodial crime.

(Paper presented in National seminar in Kalyani University, 18th & 19Th November 2013.)

  • “Development, Environment and Sustainable Livelihood”

(Participated : Department of Economics, University of Burdwan, January 18-19, 2013)

 

  • Privatization of Higher Education in India with Special Focus on the Role of  Private Universities in Legal Education

(Participated in: Jogesh Chandra Chaudhuri Law College, Kolkata in collaboration with Jindal Global Law School, Sonipat, Haryana on 10th February 2013)

  • Arrest suspends the right to life and liberty of an individual: A study of societal sanction towards custodial crime (Paper presented in National Seminar in The Department of Political Science, The University of Kalyani)
  • Unbridled Exploitation of Poor Indians in Clinical Trials, ISBN 978-81-909143-6-9

(Paper presented in: Ambedkar College, Fatikroy, North Tripura on 9th and 10th February 2012, ).

  • Changing Forms of Crimes in Our Society and Ways for Its Prevention,

(Published in: Changing Society, Culture and Its Impacts on People, ISBN-978-81-909878-9-9) (Paper presented in: Sambhu Nath College, Labpur, Birbhum, West Bengal on 15th & 16th February, 2012.)

  • Water Sharing: New Equation of Indo Bangladesh Relation

(Published in: JCC Law Review, Vol. III No. 1, ISSN 2231 296X 2012)

  • An Analysis of Prolific and Unplanned Expansion of Higher Education in India

(Paper presented in: Calcutta University, West Bengal March 15th & 16th  2012)

  • Corruption Control: An Insight

(Paper presented in: Durgapur Institute of Legal Studies, Durgapur, District Burdwan, West Bengal September 28th & 29th 2012)

 

  • Tipaimukh: New Equation Of Indo Bangladesh Bilateral Relation

(Published in: Centre for Juridical Studies Dibrugarh Uniersity, 2012, ISSN No.-0976-1543)

  • A Journey Towards Implementing Directive Principles Of State Policy An Analysis Of Landmark Cases
  • In search of Human Rights in Legislation and Regulatory Practices

(Paper presented in: Directorate of Distance Education, Tripura University, Tripura, 2nd December 2012)

 

ASSOCIATED MEMBERSHIPS

  • Enrolled as Member of the Gauhati High Court Bar Council 89/2007.
  • Enrolled as Member of the Tripura Human Rights Organization, 2008.
  • Enrolled as Member of the Tripura Bar Association, 2007.

 

HIGHLIGHTS OF LITIGATIONS & PROFESSIONAL EXPERIENCES

Kings & Alliance -Advocates & Solicitors, New Delhi (with Advocate on Record Ms. Puja Sharma and Mohit Chaudhary), E-45, Lajpat Nagar, New Delhi.

» Advocate and Associate (Aug 2009 – Jul 2011)

  • Handling of Cases; drafting and finalizing agreements and preparing Legal Notices
  • Keeping track over the journals, circulars, notifications on Criminal and Civil Laws etc.
  • Reviewing the documents relevant to the case, Privilege and Specific Concepts etc.

Sr. Adocate Mr. Saktimoy Chakraborti, Gauhati High Court, Agartala Bench

  • » Advocate and Associate (November 2006 – Jul 2009)



PROFESSIONAL AFFILIATIONS

  • Final Exam Paper setter & Examiner of 5 Years B.A. LL.B., (Hons.), University of Burdwan, & Kalyani University from 2011 to till date
  • Executive Member, Journal Committee Law College Durgapur, Rahul Foundation. 2011 to till date
  • Disciplinary Committee, Member, Law College Durgapur, Rahul Foundation. 2011 to till date
  • Consultant of Sikkim Manipal University, Agartala Branch- 2008-2009

 

ADDITIONAL SOCIAL WORK CONTRIBUTIONS:

  • Unified Transcendence: Founder Member cum Secretary (August 2016 onwards to till date)

 

Remarkable Achievements:

  • Organized Awareness Programmes in the State of Assam (Shibsagar), and about to organize 3 days Rural Entrepreneurship Fair from 31st March to 2nd April 2017 focusing in the potential sectors of Crafts and Arts, Women Empowerment, FMCG, Micro Finance, Agriculture, Training Projects in the state of West Bengal (Durgapur).
  • Organized a Rural Entrepreneurship fair in collaboration with NIT Durgapur, West Bengal on 31st March to 2nd April 2017.
  • ARC Foundation: Director of Netaji Subhas Chandra- Centre for Welfare and Social Development (An independent wing of the ARC Foundation (from 15th January 2014 onwards to till date; Registration No. IV - 00101 of 2012, Sl. No. 02326 of 2012)
  • Remarkable Achievement: Opening of lakhs of Jan Dhan Bank Accounts under the Government Scheme.

I.T. SKILLS :

  • Office Packages    :    MS Office (MS Word, MS Excel, MS Access and MS PowerPoint).
  • Programming    :    GW BASIC Language, FoxPro Language and ‘C’ Language.
  • Operating Systems    :    Windows. 97-2003/ Win. 2007/ Win.  XP/ Win. NT/ Win. Vista.

PERSONAL DETAILS :

  • Father’s Name      :    Prof. Bhakti Prasanna Bhattacharjee (Ex Professor & H.O.D.,

The Maharaja Bir Bikram College, Tripura University, Agartala).

  • Mother’s Name       :    Smt. Sankari Bhattacharjee (Housewife).
  • Date of Birth       :    17th December 1981.
  • Nationality        :    Indian by Birth.
  • Permanent Address : C/o. Prof. B. P. Bhattacharjee, Bhattacharya Enclave,

        Indranagar,   Agartala, Tripura (West) PIN 799006

  • Languages known       :    English, Hindi, Bengali and Assamese.
  • Strengths       :    Attentive, Adaptive, Co-operative, and Hardworking.

INTERESTS & HOBBIES:

  • Social Work activities, Professional Counseling, Travelling, Singing and Listening Music.

DECLARATION: To the best of my knowledge and belief, I hereby declare that all the information as furnished above is true and correct.

 

BHUPAL BHATTACHARYA

References

Agyeman, Julian, Robert D. Bullard, and Bob Evans. "Exploring the nexus: Bringing together sustainability, environmental justice and equity." Space and polity 6, no. 1 (2002): 77-90.

Bhattacharya, Bhupal, Priya Roy, Sarmistha Bhattacharya, Biresh Prasad, and Amit Kumar Mandal. "Nanotechnology and sustainable development: overcoming the obstacles by adopting ethical practices for future farming." In Engineered Nanomaterials for Sustainable Agricultural Production, Soil Improvement and Stress Management, pp. 431-445. Academic Press, 2023.

Corvalan, Carlos, Simon Hales, Anthony J. McMichael, and Colin Butler. Ecosystems and human well-being: health synthesis. Vol. 1. World Health Organization, 2005.

Atapattu, Sumudu. "The right to a healthy life or the right to die polluted: The emergence of a human right to a healthy environment under international law." Tul. Envtl. LJ 16 (2002): 65.

Liebenberg, Sandra. "The international covenant on economic, social and cultural rights and its implications for South Africa." South African Journal on Human Rights 11, no. 3 (1995): 359-378.

Anaya, James. "Indigenous peoples' participatory rights in relation to decisions about natural resource extraction: the more fundamental issue of what rights indigenous peoples have in lands and resources." Ariz. J. Int'l & Comp. L. 22 (2005): 7.

Singh, R. B. "Environmental consequences of agricultural development: a case study from the Green Revolution state of Haryana, India." Agriculture, ecosystems & environment 82, no. 1-3 (2000): 97-103.

Ebeku, Kaniye SA. "Constitutional right to a healthy environment and human rights approaches to environmental protection in Nigeria: Gbemre v. Shell revisited." Review of European Community & International Environmental Law 16, no. 3 (2007): 312-320.

AI 1991 SC 420

1996 5 SCC 647

(1997) 2 SCC 267

Anton, Donald K., and Dinah L. Shelton. Environmental protection and human rights. Cambridge University Press, 2011.

Atapattu, Sumudu. "The right to a healthy life or the right to die polluted: The emergence of a human right to a healthy environment under international law." Tul. Envtl. LJ 16 (2002): 65.

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Published

2023-04-14

How to Cite

Bhattacharya, B. (2023). Safeguarding Human Rights Through Environmental Protection: An Analysis of Article 21 of the Constitution of India. Journal of Human Rights Law and Practice, 6(1), 32–36. Retrieved from https://lawjournals.celnet.in/index.php/jhrlp/article/view/1259

Issue

Vol. 6 No. 1 (2023): Journal of Human Rights Law and Practice

Section

Articles

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