The Supreme Court of India held Wednesday that all citizens have the fundamental right to live in a pollution-free environment under Article 21 of the Indian Constitution. Article 21 of the Constitution guarantees the rights to life and personal liberty, stating that no one shall be deprived of these except in accordance with the law.

The court’s order emphasizes the fundamental nature of rights guaranteed by Article 21, criticizing ineffective enforcement of anti-pollution laws and the limited action against stubble-burning offenders. It stresses the importance of strict enforcement of environmental laws, punitive measures, and collaboration between the federal and state governments in upholding citizens’ rights to clean air and environmental dignity. The court ordered immediate government action to improve compliance and address pollution sources in Delhi and the surrounding areas. The court added:

The time has come to remind the Government of India and the State Governments that every citizen has a fundamental right under Article 21 of the Constitution of India to live in a pollution-free environment … [the stubble burning and air pollution] are the matters of blatant violation of fundamental rights guaranteed under Article 21 of the Constitution of India … the Governments will have to address themselves to the question of how they will protect the right of citizens to live with dignity and in a pollution-free environment.

The right to a clean, healthy and sustainable environment is a fundamental human right recognized by the UN Human Rights Committee and the UN General Assembly. There are 16 framework principles on environmental human rights, including states’ obligation to ensure the effective enforcement of their environmental standards and provide for access to effective remedies for violations of human rights and domestic laws relating to the environment.

Air quality worsens each year before winter as cold, calm air traps pollutants from vehicles, industries, construction, and burning agricultural waste. In Punjab and Haryana states of India, farmers burn crop stubble post-harvest to clear fields quickly for the next planting cycle. This longstanding practice now accounts for around 30-40 percent of Delhi’s pollution in October and November, as reported by to the national government’s air-quality monitoring agency SAFAR. While courts have issued orders to curb stubble burning, enforcement remains challenging, with state officials citing limited control and, at times, resistance from farmers despite imposed fines.