Subhash Kumar v State of Bihar (1991)

Human Rights Law · Impact of UDHR on the Indian Constitution

Facts.

A PIL alleged that industrial discharge was polluting the Bokaro river, harming the health of local residents.

Issue.

Is the right to a wholesome, pollution-free environment part of the right to life under Article 21?

Held.

Yes. The right to life includes the right to enjoyment of pollution-free water and air; a citizen may invoke Article 32 to protect it (though the Court cautioned against PIL for private ends).

Why it matters.

A cornerstone of Indian environmental rights and the answer to the factory-pollution fact-pattern; prior State “permission” does not legalise pollution.

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