The right to a healthy environment has emerged as one of the most significant normative developments in contemporary international law, situated at the intersection of human rights, environmental protection, and sustainable development. This article critically examines whether this right has attained, or is in the process of attaining, the status of customary international law. Through an analysis of international environmental instruments, judicial pronouncements of international and regional courts, and evolving state practice, the study argues that environmental protection is increasingly perceived as a legal obligation rather than a discretionary policy choice. A distinctive contribution of this article lies in its integration of Sanātana Hindu ethics as a civilizational framework of environmental stewardship, highlighting principles of restraint, harmony, duty, and intergenerational responsibility that parallel modern environmental legal norms. The paper further evaluates India’s constitutional jurisprudence, public interest litigation, and international engagement as evidence of both state practice and opinio juris supporting the normative evolution of environmental rights. Regional developments in South Asia are also examined to contextualise emerging trends. While acknowledging existing challenges such as fragmented enforcement and developmental constraints, the article concludes that the right to a healthy environment occupies an advanced stage of emergence within customary international law, reinforced by converging legal practices and ethical traditions. The study ultimately underscores the value of harmonising international law with enduring civilizational ethics to strengthen global environmental governance.
Dr. Amit Mishra (Wed,) studied this question.