Chapter 1

Title
Right to Equality and Environmental Sustainability

Statement of problem

The problem in the research is whether there exists any relation between Right to Equality
and Environment Protection and if yes, then whether there is rule of equality in
environmental matters. It is now become very fundamental to understand this particular issue
because of the importance it has in the area of Environment Act and the constitutional
provisions that evolved and took place in the constitution over a period of time. The whole
purpose of Environment law revolved around legislature and administrative actions. Article
14 of the constitution of India guarantees equality of opportunity and as a concept it has no
parallel but when it’s put in practice exceptions are curved out and that’s why it is vital to
clarify this area bit more and do analysis. Inequalities can aggravate environmental
degradation and erode the achievement of sustainable development on different levels. The
particular issue is going to get increased in coming future because of the increasing dynamics
of the law and different areas of law. This study will add upon the significant knowledge of
the researcher and the reader about the relation of Right to equality and environment
protection.

Review of Literature

An attempt is made in this study to review available literatures on the topic of connection and
the type of relation between right to equality and environment protection act.

Justice T S Doabia, Environmental & pollution laws in India, 2 nd edition 2010,

LexisNexis: This book has a philosophical touch. The moral values essential for protection of
environment have been highlighted. The researcher has made review with the help of various
case laws and concepts.

Dr. Amod S. Tilak, Environmental Law, Snow white: In this book the further
interpretation of the exists environmental law and its implementation are described. The
researcher tried to pull out the relevant areas and reviewed the same.

M P Jain, Indian Constitutional Law, 8 th edition 2018, LexisNexis: This book cleared the
view of the researcher of constitutional provisions especially about fundamental rights. This
book also defines the rule of law with the added explanation which also help the researcher to
complete and clear this concept.

Annamalai Murugan, Fundamental Principal of Environmental Protection, R regal.:

This book includes landmark judgements on Constitutional perspective; prevention and
control of pollutions and handling hazardous substances. The researcher has made review
with the help of case laws of this book.

Objectives

1. To understand the relation between right to equality and the

environmental law, if any.
2. To understand the fundamental right of equality as far as environment
is concerns.
3. To analyse the various problems which are being faced because of the
degradation of the environment.
4. To understand stabilization of environmental sustainability and increased
equality.

Hypothesis

“Degradation of environment leads to the violation of right to equality”

Research Questions

1. Whether there is any relation between right to equality under article 14 of the
constitution of India and the environmental laws in India.
2. Whether there is any effect in the existing fundamental rights with people when
any changes in the environment occurs.
3. Whether it is possible to balance sustainability and equality at same.
4. Whether judicial involvement is stabilizing the inequality, if any.

Research Methodology

The research methodology accepted in the research for this article is in the from secondary
resources, which includes books, articles, web documents etc. The researcher has his own
understanding and, in this article, uses all the secondary resources to corroborate that
understanding and bringing the different perspective before the reader.

Tentative Chapterisation

Chap 2 – Interpretation of constitutional preamble and provisions.

Chap 3 – Balancing environmental sustainability and increased equality. Chap 4 – Role

of Judicial system.
Chap 5 – Conclusion.

References/Bibliography

Justice T S Doabia, Environmental & pollution laws in India Dr. Amod

S. Tilak, Environmental Law, Snow white
Annamalai Murugan, Fundamental Principal of Environmental Protection