The concept of constitutionalising environmental rights involves embedding environmental protection into a nation’s constitution, either as substantive rights, procedural rights, or state obligations. Given South Asia’s vulnerability to climate change, regional judiciaries and legislatures have increasingly integrated environmental protection with fundamental human rights.
- Bangladesh: Article 18A of the Constitution mandates the state to preserve natural resources, though it resides in Part II and lacks direct judicial enforceability. Landmark cases like Dr Mohiuddin Farooque v Bangladesh (1996) expanded the ‘right to life’ to include pollution-free air and water, while Nishat Jute Mills v Human Rights and Peace for Bangladesh (2019) granted legal personhood to the Turag River.
- India: Articles 48A and 51A(g) establish state obligations and citizen duties regarding environmental conservation. In Kinkri Devi v State of Himachal Pradesh (1987), the court affirmed these provisions as essential for protecting natural resources.
- Pakistan: Article 9A explicitly guarantees a pollution-free environment as a fundamental right, formalizing previous judicial expansions of the ‘right to life’ seen in cases like Shehla Zia v WAPDA (1994).
- Sri Lanka: Articles 27(14) and 28(f) impose environmental duties on the state and citizens, though these remain non-enforceable under Chapter VI. Nevertheless, the Supreme Court has utilized the public trust doctrine in decisions such as the Eppawala Phosphate case to enhance environmental protection.
The region is transitioning from reliance on judicial activism toward more concrete legislative actions to address environmental survival.
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