enforced against private parties as well.

Some aspects of Article 21 such as the right to clean environment have been enforced against private parties as well. The State is also under a Constitutional duty to ensure that the rights of its citizens are not violated even by non­State actors and ensure an environment where each right can   be   exercised   without   fear   of   undue   encroachment.   In People’s Union for Democratic Rights vs. Union of India13 , while rejecting the contention of the State that it was the obligation of the private party i.e., the contractor to follow the mandate of Article 24 of the Constitution and the relevant laws, it was clarified that the primary obligation to protect fundamental rights was that of the State even in the absence of   an   effective   legislation.   In  Bodhisattwa   Gautam  vs. Subhra   Chakraborty   (Ms.)14 ,  interim   compensation   was awarded holding that fundamental rights under Article 21 can be enforced even against private bodies and individuals. Public law remedy has been repeatedly resorted to even against non13(1982) 3 SCC 235 14(1996) 1 SC 490 14 State actors when their acts have violated the fundamental rights of other citizens. Award of damages against non­State actors for violation of the right to clean environment under Article 21 was laid down in  M.C.  Mehta  vs.  Kamal  Nath15 . Similarly, the majority and concurring opinion in Justice K.S. Puttaswamy  vs.  Union  of   India16 ,  while elaborating on the duty of the State and non­State actors to protect the rights of citizens,   pointed   out   that   recognition   and   enforcement   of claims   qua   non­State   actors   may   require   legislative intervention.   However,   when   it   comes   to   Article   19,   a Constitution Bench in P.D. Shamdasani vs. Central Bank of India   Ltd.17 ,  has held it to be inapplicable against private persons.