ANNOUNCEMENTS
As far back as 1968, the UN General Assembly had adopted a resolution acknowledging the relationship between the environment and human rights. It has been widely accepted that environmental degradation adversely affects the enjoyment of human rights such as the right to life and right to health. Even though the right to environment is not articulated in a legally binding international instrument, the linkage between the environment and human rights is being increasingly recognised at the international level. Several texts, both national and international, acknowledge the connection between the environment and human rights. The international and regional courts have also evolved jurisprudence in favour of a right to a clean and healthy environment within the rubric of universally recognised human rights. Since 1992, the right to a healthy environment (or a related formulation) has been formally recognised by several countries in their national constitutions. In the Indian context, though the protection of the environment figures in the chapter on Directive Principles (which are non-justiciable) the Supreme Court by its interpretation has elevated the right to a clean and healthy environment to the status of a fundamental right within the meaning of ‘right to life’ under Article 21 of the Constitution of India.
The National Human Rights Commission of India (NHRC), established under the Protection of Human Rights Act, 1993, is entrusted with the responsibility of addressing not only the violations relating to civil and political rights but also those pertaining to social, economic and cultural rights. Being a quasi-judicial body, the NHRC is not bound by rigorous court procedures and is placed in a position whereby it can provide quick relief to victims of human rights violations. It is in this context that the study analyses the role and performance of the NHRC in addressing public complaints concerning environment-related human rights violations. The theoretical focus of the research study is on the conceptual aspects concerning the recognition of the linkage between human rights and the environment at the international, regional and national levels and on the role played by the Indian judiciary in establishing the jurisprudence relating to the right to environment.
In the empirical part of the study, the role and performance of the NHRC in handling environment-related public complaints has been analysed with reference to its mandate under the law. The research methodology is qualitative, and is based on both, secondary data collected from the case files of the NHRC, its reports and published documents and the primary data collected from the field by administering semi-structured questionnaires to the complainants, to the officials of NHRC and case studies based on observations in the field.
The process of handling complaints has been evaluated to determine whether it is adequate and effective for ensuring the prompt delivery of environmental justice. The perception of the public regarding the role of the NHRC has been assessed on the basis of the primary data collected through questionnaire from the complainants. Recommendations have been made indicating how the complaint-handling process could be made more effective and how NHRC can utilise its full potential to catalyse all the key players in making the right to environment a reality in the national and international context.
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