The Supreme court of India has recognized another aspect of the Right to life which has been laid down under Article 21 of the Constitution of India i.e. the right to livelihood. However, there is every possible chance of a collision between the right to environment and the right to livelihood as the Government’s actions to close down the industrial units for the protection of environment has been resulting in loss of jobs, dislocation of the poor workers and might disrupt badly the lifestyles of people which are heavily dependent on such industries.
Therefore, in order to achieve sustainable development and also ensure right to livelihood to people, a balance needs to be drawn. Thus, understanding the gravity of the issue, the Apex court of India has been playing a pivotal role. It has laid down several judgments whereby it has passed orders requiring the state agencies and other concerned persons to resettle and rehabilitate the workers or other persons who has been displaced by the decision of the court or the Government to close down an industry or to relocate at a suitable place. The interest of such workers who earn their livelihood from such industries has been taken care of the court in many cases too. Decisions given in RLEK v. State of UP (1988) , M.C. Mehta v. UOI(1997), etc needs special mention in this context.
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Post Contributed By:
Souradeep Rakshit
Asst. Prof. of Law
IILS, Dagapur
