- Thursday, Apr 2nd, 2026
| TITLE | Right to Health and Environmental Safety under Article 21: Constitutional Challenges in Pesticide Regulation in India |
|---|---|
| ABSTRACT | India, as one of the world's largest consumers of pesticides, faces a persistent tension between agricultural productivity and the protection of fundamental rights. Article 21 of the Indian Constitution, guaranteeing the right to life and personal liberty, has been expansively interpreted by the judiciary to encompass the right to health, a pollution-free environment, and dignified living. This includes safeguards against hazardous substances like pesticides, which cause acute poisoning, chronic illnesses (including neurological disorders, reproductive issues, and cancers), and widespread environmental degradation through soil, water, and biodiversity contamination. Despite regulatory mechanisms under the Insecticides Act, 1968, Environment (Protection) Act, 1986, and Food Safety and Standards Act, 2006, significant gaps persist in enforcement, residue monitoring, and timely bans on hazardous chemicals. The draft Pesticides Management Bill, 2025, introduced to replace the outdated 1968 law, aims to modernize regulation but has been criticized for prioritizing industry ease over robust health and ecological protections, and for failing to adequately empower states or address the continued use of highly hazardous pesticides. This paper examines the constitutional challenges arising from these regulatory shortcomings, drawing on landmark judicial expansions of Article 21—such as the right to a healthy environment (M.C. Mehta cases), occupational health safeguards, and the emerging recognition of protection from adverse climate and pollution impacts (e.g., M.K. Ranjitsinh v. Union of India, 2024). It analyzes high-profile cases involving pesticide tragedies (e.g., ongoing endosulfan aftermath in Kerala, with recent NGT directions in 2025 on missing barrels) and empirical evidence of rising health burdens, including pesticide-linked poisonings and residues in food chains. Employing a doctrinal and analytical methodology, the study highlights implementation failures, federalism issues, and access-to-justice barriers for affected farmers and communities. It concludes that aligning pesticide governance with Article 21's imperatives requires urgent reforms: stronger application of the precautionary principle, mandatory health and environmental impact assessments, promotion of sustainable alternatives like integrated pest management and biopesticides, and enhanced judicial and institutional oversight to prevent irreversible harm to public health and ecosystems while supporting agricultural needs. |
| AUTHOR | Harsh Punia Student 2nd Semester LLB, Manipal University, Jaipur, Rajasthan, India |
| VOLUME | 12 |
| DOI | DOI:10.15680/IJARETY.2025.1201040 |
| 40_Right to Health And Environmental.pdf | |
| KEYWORDS | |
| References | ReferenceS |
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