Judicial Interventions in Environmental Health and the Right to Health: A Critical Analysis of Landmark Endosulfan Case in India and Similar Cases in Usa, Uk, Canada, and Australia

Abstract

Objective: The primary objective of this study is to conduct a comparative analysis of landmark judicial interventions in environmental health and Right to Health across multiple jurisdictions, including India, the USA, the UK, Canada, and Australia. These cases underscore the judiciary's critical role in shaping environmental health policies and enforcing the Right to Health through rigorous legal frameworks and proactive oversight.   Theoretical Framework: This study's theoretical framework integrates human rights law, public health policy, and judicial activism to examine the realization of the Right to Health in India. This integrated approach underscores the judiciary's role in upholding health rights and the complex interplay of legal, social, and political factors in realizing these rights, advocating for their explicit recognition in the Indian Constitution.   Methodology: Case Analysis: This study conducts a comparative analysis of landmark judicial interventions in environmental health across India, the USA, the UK, Canada, and Australia, highlighting the judiciary's role in enforcing environmental laws and protecting public health.   Results And Discussion: The comparative analysis revealed several key findings which include the Judicial Recognition of Environmental Health, Role of Judicial Activism, Common Legal Principles, Impact on Public Health Policies. The study concludes that judicial interventions have been pivotal in advancing environmental health protections and enforcing the Right to Health.   Research Implications: The findings advocate for a more explicit recognition of the Right to Health within the constitutional framework, suggesting that formalizing this right could enhance legal protections and improve health outcomes for vulnerable populations.   Originality/Value: This study provides a novel contribution to the discourse on health rights by examining the intersection of legal mandates and public health through the lens of the Indian judiciary. This study's findings are valuable for legal scholars, policymakers, public health professionals, and advocates, providing a robust evidence base to support the integration of health rights into constitutional guarantees and the development of more effective public health interventions.