The Aravalli Redefinition And Article 21: Analysing Environmental Rights Amidst Delhi's Air

Introduction:

Hon’ble Supreme court (“SC”) in the case of Subhash Kumar v. State of Bihar,[i] explicitly stated that the right to life with dignity includes the right to enjoyment of pollution-free water and air for the full enjoyment of life. The United Nations Human Rights Council (“UNHCR”) recently recognized the human right to a clean, healthy, and sustainable environment as a standalone right, reinforcing its foundational role in realizing other human rights. The deteriorating air quality in Delhi, could be seen as a violation of Article 21 and the SC direction. The new definition put forth to reinforce uniformity in the definition is a threat to region’s ecology and great biodiversity.

Delhi was the most polluted megacity in India and within the National Capital Region in 2025, an analysis of PM2.5 data by the Centre for Research on Energy and Clean Air (CREA) revealed. According to the report titled "2024 World Air Quality," India is home to 13 of the most polluted cities out of 20. Overall, the report said that 35% of Indian cities reported annual PM2.5 levels exceeding 10 times the World Health Organization (WHO) limit of 5 micrograms per cubic meter. In the already deteriorating circumstances the new classification aggravates the existing enigma.

The blog explores the geographic factors contributing to the deteriorating air quality. further it delves into the topic of Aravalli controversy and how it aggravates the existing crises. The blog seeks to discover legal dimensions pertaining to the issue and constitutional provisions pertaining environment protection.

Geographic Factors Responsible

While pollution in the Indo-Gangetic Plain is commonly attributed to industrialization, vehicular emissions, construction activities, urbanization, desertification, and biomass burning, a critical yet often overlooked factor is the region's meteorological geography. Delhi's topography creates conditions particularly conducive to pollutant accumulation, situated at a relatively low elevation of 200-250 meters above sea level, the city is encircled by elevated terrain that forms a semi-arid basin. This geographic configuration restricts airflow, effectively creating a natural bowl where pollutants become trapped.

The Himalayan range to the north and the Aravalli hills to the southwest form a valley-like structure that severely limits the horizontal dispersion of air pollutants. This geographical trap is further exacerbated during winter months when atmospheric temperature inversions occur. These inversions create a layer of cold air above warmer air near the ground, acting as an invisible lid that confines pollutants at ground level where they directly impact human health. This prevents the vertical and horizontal movement of pollutants. This combination of topographical constraints and seasonal meteorological phenomena makes the Delhi-NCR region uniquely vulnerable to severe air quality deterioration, regardless of emission levels.

The Aravalli Range serves as a critical natural barrier against desertification and soil erosion in northern India. However, same geographical positioning creates a paradox: while the range provides essential ecological services, it simultaneously contributes to pollutant entrapment in the Delhi-NCR region by restricting both vertical and horizontal dispersion of air pollutants.

Recognized among the oldest mountain ranges in the world, the Aravalli’s perform multiple vital functions. They intercept heat and dust from desert areas to the west, preventing the further influx of PM 2.5 and PM 10 particulate matter into the region. Often described as the "lungs" of Delhi-NCR, these ranges support rich biodiversity and provide crucial ecosystem services. Despite their role in trapping local pollutants, the Aravalli’s ultimately serve as a moderating force for the region's air quality by blocking worse pollution from desert sources.

The protection of the Aravalli Range is not merely an environmental concern but a legal obligation. As a signatory to the 1994 United Nations Convention to Combat Desertification , (“UNCCD”)India has committed to preserving such critical ecological barriers that prevent land degradation and desertification in vulnerable regions.

The Aravalli Controversy

The SC while deciding upon the matters related to illegal mining in the Aravalli hills decided upon constituting a committee to redefine the definition of Aravalli to ensure uniformity of regulation in the three states namely Rajasthan, Gujarat, Haryana and regulated illegal mining in the great biodiversity heritage.[ii] The expert committee under the supervision of SC pondered on the matter of illegal mining and proposed a uniform definition to protect this great heritage and biodiversity flourishing in the region. In response The committee submitted its report making directives for uniform definition of Aravalli. The committee proposed comprehensive inclusion of landforms, which defined Aravalli hills as a landform rising 100 m or above of local terrain further it defined a cluster based definition of ranges, which defined Aravalli ranges as the hills within 500 m of proximity.

The need for uniform definition arise due to disparity in the definition of the terrain, which opened the doors of opportunity to encroaches to carry illegal mining in the area and exploit the natural resource. Mining is a concurrent subject under Entry 23 of the Concurrent List under Schedule Seven of the Indian Constitution, which means both the state and the centre have the right to make laws, but the centre's laws would be repugnant to the state's. the varying definition in 4 different states created a lacuna in enforcement of protection guidelines.

Environment advocates argue that this definition would lead to the exploitation of this biodiversity hotspot and would open the area to mining and other commercial activities. According to the union minister, the reclassification has been done to bring uniformity in the enforcement of environmental laws across states, as previously each state had its own classification to allow mining. Similarly, he also informed that only 0.19% of the whole range has been opened to mining, and no new mines are being opened. The area affected is expected to be 277.89 km², out of a total of 1.44 lakh km². Environmentalists argue this will create increased heat strokes, increased temperatures accelerating desertification, depleting groundwater, eroding biodiversity, and worsening air pollution and water scarcity across north India, especially megacities like Delhi that are severely affected by pollution.

A question arises: should uniformity be brought at the cost of amplified rates of desertification in the northern part of the country, or at the cost of asthma or respiratory diseases that occur due to inhaling hazardous air in the region? After a series of protests by Gen-Z on social media platforms and environmentalists' outrage, the Hon'ble SC has stayed the judgment; until then, no mining is permitted in the legally protected area of the Aravalli.

With Delhi, the average PM 2.5 levels exceed the prescribed PM 2.5 levels by the World Health Organization (WHO). The recent definition of the Aravalli presents an advancing threat to the ecology of northern India, especially the Delhi-NCR region, where alarmingly poor air quality has caused respiratory diseases and health threats. This redefinition has aggravated the existing pollution crisis.

Judicial Trends On Environmental Justice.

The right to life under Article 21 of the Indian Constitution not merely ludes the right to life in its purview but also encompasses more than mere existence ,it includes the right to live in a pollution-free environment. The rising PM 2.5 levels in Delhi that have made breathing very difficult constitute a violation of the right to life under Article 21 of the Indian Constitution.

In case of Subhash Kumar v. State of Bihar[iii]the petitioner alleged that the respondent, Tata Steel & Co., had been releasing hazardous effluent and waste into the river, thereby polluting it. This discharge of effluent waste into the waterbody rendered the water unfit for drinking or irrigation. The court recognized that the right to life includes the right to a pollution-free environment.

Further in case of Indian Council for Enviro-Legal Action v. Union of India[iv] where the respondents released untreated toxic sludge into the environment, which polluted the soil, infiltrated the ground, and rendered the groundwater unfit for use. In this case, the Court applied the polluter pays principle, holding that those responsible for pollution are liable to compensate for the extent of damage caused. The principle’s reasoning one who is responsible for the environmental hazard must reimburse and compensate of the damage caused.The Court also stressed the precautionary principle, underscoring that industries have a duty to exercise reasonable care and take preventive measures to avert or remedy environmental harm arising from their activities.

Vellore Citizens Welfare Forum v. Union of India[v] The case arose due to the discharge of untreated effluents by tanneries in Tamil Nadu, which caused severe pollution of agricultural land, rivers, and groundwater. The petition was filed in the public interest, highlighting the environmental and health hazards suffered by local residents. The court emphasized the polluter pays principle and emphasized the responsibility of industries, holding them absolutely liable to compensate for the environmental hazard caused.

Paradox Of Environmental Justice: The Way Ahead

The judiciary has consistently highlighted the need to strike a balance between economic growth and environmental conservation. The courts have reaffirmed that economic progress should not be pursued at the expense of environmental harm.

Article 48A of the Indian Constitution mandates that the State must make efforts to preserve and enhance the environment while protecting the nation's forests and wildlife. The revised definition of the Aravalli region contradicts this constitutional provision and places the Aravalli range at significant risk, potentially leading to severe and permanent damage.

Article 51(g) of the Indian Constitution establishes a fundamental obligation for the government to safeguard and enhance the natural environment—encompassing forests, water bodies, rivers, and wildlife—while promoting kindness toward all living beings. However, a recent definition introduced by the Ministry of Environment and Climate Change poses serious threats to biodiversity heritage sites and heightens desertification risks across Delhi, Uttar Pradesh, and Haryana. These changes are likely to worsen pollution levels in Delhi, where residents already suffer from some of the most severely contaminated air quality.

Conclusion:

Economic progress should not be achieved through environmental destruction. The deteriorating air quality in Delhi endangers public health and infringes upon Article 21, which guarantees not merely the right to exist but also the right to live in an unpolluted environment. The revised definition of the Aravalli range permits mining and commercial operations in the mountainous region. The Aravalli hills, which serve as a natural filtration system for air, now face significant danger. The government must undertake measures to preserve these mountains and ensure that citizens have access to clean and breathable air.

References:

[i] (1991) 1 S.C.C 598 (India).

[ii] M.C. Mehta v. Union of India, 2024 S.C.C. OnLine S.C. 5788 (India).

[iii] (1991) 1 S.C.C. 598 (India).

[iv] (1996) 3 S.C.C. 212 (India).

[v] (1996) 5 S.C.C. 647 (India).

Ananya Gupta is a first year B.A.LLB Student at faculty of Law, Jamia Millia Islamia, New Delhi.