ASSOCIATION FOR ENVIRONMENT PROTECTION Vs. STATE OF KERALA

JUDGEMENT

(1.) LEAVE granted.

(2.) SINCE time immemorial, people across the world have always made efforts to preserve and protect the natural resources like air, water, plants, flora and fauna. Ancient scriptures of different countries are full of stories of man's zeal to protect the environment and ecology. Our sages and saints always preached and also taught the people to worship earth, sky, rivers, sea, plants, trees and every form of life. Majority of people still consider it as their sacred duty to protect the plants, trees, rivers, wells, etc., because it is believed that they belong to all living creatures.

(3.) ALTHOUGH , the Constitution of India, which was enforced on 26.1.1950 did not contain any express provision for protection of environment and ecology, the people continued to treat it as their social duty to respect the nature, natural re - sources and protect environment and ecology. After 26 years, Article 48 -A was inserted in Part IV of the Constitution and the State was burdened with the re - sponsibility of making an endeavour to protect and improve the environment and to safeguard the forest and wildlife of the country. By the same amendment, Fundamental Duties of the citizens were enumerated in the form of Article 51 -A (Part -IV A). These include the duty to protect and improve the natural environ - ment including forests, lakes, rivers and wildlife and to have compassion for liv - ing creatures [Article 51 -A(g)].