THE RIGHT TO A HEALTHY ENVIRONMENT AND ITS ENFORCEMENT: COMPARING THE CASES OF NIGERIA AND INDIA

Abstract

The right to a healthy environment is one of the emerging rights in the international human rights law. This work analyses the judiciary’s roles in advancing the right to a healthy environment in Nigeria and India. These two countries have similarities and yet there exists a remarkable difference between the levels of recognition of the right to environment in both countries. Thus, the right to a healthy environment is linked with the environment, human rights and sustainable development. Notably, Nigerian is known for its rich mineral oil which has become the economy’s main stay. However, the impact of the mineral oil in Nigeria especially the Niger Delta Region has deteriorated the environment which has impacted negatively on the health of the citizens living in such abode. The provision of a healthy environment remains non-justiciable in both constitutions but India has adopted a more pragmatic approach in the interpretation of the right to a healthy environment as envisaged by the provisions of the law. Though Nigeria has ratified the African Charter on the Human and Peoples Rights, it is yet to come to terms with the purport of such ratification, This article examines how Nigeria can make the right to a healthy environment attainable by its citizens by holistically adopting the procedures that are reached in India towards actualizing the right to a healthy environment. It is therefore recommended that an expansive and derivative interpretation of both the African Charter on Human and People’s rights and the provisions of Fundamental Human Rights in the Nigerian Constitution can go a long way in the realization of a right to a healthy environment in Nigeria. Thus, these provisions may be utilized both defensively and restrictively to protect against actions that violate citizen’s rights.