ARTICLE 21 EXTENDS TO ECOLOGICAL PRESERVATION

Overview

At a conference organized by NALSA and KELSA in Thiruvananthapuram, Supreme Court of India Judge Justice Surya Kant emphasized that Article 21 guaranteeing the right to life, must extend to preserving ecological conditions essential for human survival . The event focused on rising human–wildlife conflicts and was attended by Supreme Court and High Court judges .

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Key Aspects

Justice Kant’s speech highlighted multiple issues relating to ecological justice, community rights and the balance between human survival and wildlife conservation . He drew attention to how the justice system must ensure inclusivity while dealing with ecological challenges .

• Justice Surya Kant emphasized that justice cannot function selectively in substance or application .
  
• He noted that human–wildlife conflict is not only an environmental issue but also a governance and justice concern .
  
• Many victims from marginalized communities near forests remain unaware of legal rights and entitlements .
  
• The judiciary, through its Green Bench, has played a crucial role in ensuring sustainable development .
  

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Legal Insights

Justice Kant referred to important constitutional and statutory principles which frame ecological protection as part of justice delivery . His remarks reinforced the judiciary’s role in harmonizing human rights with environmental law .

• Article 21, Constitution of India : Right to life includes the right to a clean and healthy environment .
  
• Article 48A, Constitution of India : State must protect and improve environment and safeguard wildlife .
  
• Article 51A(g), Constitution of India : Fundamental duty of citizens to protect natural environment .
  
• Sustainable Development Principle : Judicially recognized in cases like Vellore Citizens’ Welfare Forum v. Union of India (1996).
  
• NALSA Scheme on Human–Wildlife Conflict, 2025: Free legal aid and awareness for affected families .
  
• NALSA SPRUHA Scheme, 2025 : Legal and counselling support to dependents of incarcerated persons and crime victims .
  

Court’s Verdict

Though not a judicial ruling, the address reaffirmed the Supreme Court of India’s stance that Article 21 of Indian Constitution extends to ecological preservation . Justice Kant stressed ecological justice, sustainable development and access to legal aid for vulnerable communities . Initiatives launched by NALSA and KELSA aim to bridge justice delivery with conservation .

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Source- Supreme Court of India 

Read also –

• Article 21 of Indian Constitution 

• Indian Constitution