This paper evaluates whether the right to a healthy environment ought to be established as a fundamental right or as an human right, with special emphasis on Bangladesh and others outside her borders. In Bangladesh, although this right is not guaranteed as a fundamental right under the Constitution, judicial activism by the Supreme Court has widened the interpretation of the right to life and personal liberty to include environmental protection. The study explores classic cases, including Dr.Mohiuddin Farooque v. Bangladesh, and it evaluates constitutional provisions, legislative frameworks, and international obligations. It has also integrated exemplary references, particularly from India, South Africa, and Norway, where the right to a healthy environment has been constitutionally recognized or is given effect through judicial interpretation. These perspectives are analyzed in support of the proposition that recognizing the right to a healthy environment could be both a human right and a fundamental right, which is essential for sustainable development and environmental justice. It ends with a recommendation for a constitutional and legislative framework for the right to a healthy environment with enforcement modalities, to protect the environment and to preserve it for future generations.