Children's Access to Justice for Environmental Rights | India

This report looks at whether the laws and policies in India make it possible for children to access their environmental rights.

In India, the Constitution does not explicitly recognise a standalone right to a healthy environment, but the courts have interpreted the right to life under Article 21 as including the right to live in a clean and healthy environment. The Constitution also places a duty on citizens and the State to protect and improve the environment. India has an extensive environmental legal framework, including legislation on pollution control, forests, biodiversity and waste management.

Indian courts have played a major role in strengthening environmental protections through landmark judgments recognising rights to clean air and water, applying principles such as sustainable development and intergenerational equity and expanding remedies for environmental harm. In 2024, the Supreme Court recognised protection from the adverse effects of climate change as a fundamental right under Articles 14 and 21 of the Constitution.

Public interest litigation has significantly expanded access to environmental justice by allowing individuals and organisations to bring cases on behalf of affected groups. However, children cannot usually bring cases on their own and must act through a legal representative or “next friend”.

The Constitution protects freedoms of assembly, expression and association. Moreover, India has ratified the Convention on the Rights of the Child, which recognises these rights for children. However, these rights are subject to restrictions linked to public order, security and morality and there have been reports of police action and other measures affecting peaceful protesters and activists. Children can also face practical barriers to participation, including restrictions on attending certain protests and demonstrations.

This report was published in September 2026 and developed with the support of Dr. Hemavathi S Shekhar, Founder and Director of the Enact Earth Foundation, as well as finalised based on any feedback from the State. To learn more read the full report below, and please get in touch if this information was useful and you want to talk more.