The recent Supreme Court verdict on climate change marks a pivotal moment in legal history, as it acknowledges the urgent need for robust measures to combat this global crisis. By affirming the government’s responsibility to uphold environmental protection and prioritize climate action, the verdict underscores the judiciary’s role in safeguarding the planet for future generations. This landmark decision not only holds governments accountable but also empowers citizens to demand concrete steps towards sustainability and carbon neutrality. However, effective implementation of the verdict’s directives will require concerted efforts from all stakeholders, including policymakers, industries, and the public, to ensure meaningful progress towards a more resilient and environmentally sustainable future.
| Prelims: SUPREME COURT, Environment & Ecology, Fundamental Rights (Article 12-35), M C Mehta v Union of India (1987), Climate Change in India, Climate Change & Mitigation Strategies, Protected Areas, Wildlife Conservation in India. Mains: Right To be Free from Adverse Effects of Climate Change- About, Need and Significance. |
Context:
- The Supreme Court of India’s extension of the constitutional rights to life and equality, to the right to be free of ill-effects of climate change.
The Supreme Court ruling on right against Climate Change:
- Impact on Right to Health (Art. 21): Climate change affects health (part of Art. 21) via air pollution, diseases, rising temperatures, exacerbating health crises.
- Impact on Right to Equality (Art. 14): Climate change worsens food, water scarcity, hitting poorer communities harder, threatening livelihoods, culture, especially of forest dwellers, tribal, and indigenous groups.
- Interconnection between Climate Change and Human Rights: SC links climate change to various rights like health, indigenous rights, gender equality, development, recognizing its broad impact on human well-being.
- Right against Climate Change and Clean Environment: SC emphasises the intertwined nature of right against adverse climate effects and clean environment, urging recognition of the former as a distinct right amidst escalating climate challenges.
The significance of the Supreme Court Ruling on right against Climate Change:
- Reiteration of India’s commitment to climate justice- The SC ruling reiterates India’s Climate responsibilities under international laws and agreements such as the Paris Agreement, which aim to provide environmental and climate justice.
- Makes the Issue of Climate change a part of public discourse- The recognition of the right against climate change as a fundamental right, makes the issue of climate change a part of the public and political discourse in the country. It will nudge the Parliament to enact legislation on the issues of climate change.
- Open the doors of constitutional courts for Environmental Jurisprudence– The recognition of the right against climate change as a fundamental right, opens the doors of the constitutional courts for citizens to litigate climate change issues in future.
- Progressive step setting a significant legal precedent- In the absence of a single or umbrella legislation against climate change in the country, the recognition of the rights of Indians against climate change by the Judiciary, is a progressive step setting a significant legal precedent.
- Recognises the Vulnerability of Indians to climate change– The Supreme court ruling is a recognition of the Vulnerability of Indians to climate Change which has been highlighted by several studies, including IPCC reports.
What are the vulnerabilities of Indians to Climate change which enhance the importance of the Verdict?
- Increase in Glacial Lake outburst floods– Climate change has increased the intensity and frequency of GLOFs due to rapid melting of the Hindu Kush Himalayan Ranges. For Ex- Recent GLOF induced flooding in Sikkim leading to destruction of lives and livelihood.
- Changing Rainfall Patterns and increase in droughts- There has been an increase in the frequency of droughts in north-western India, Jharkhand, Orissa and Chhattisgarh.
- Increase in sea levels- The densely populated cities of Kolkata and Mumbai are particularly vulnerable to the impacts of sea-level rise, tropical cyclones, and riverine flooding.
- Endangered Food and Energy Security- There has been a decrease in the crop yields because of extreme heat and low rainfall, which endangers the food security of the country. Further, the decrease in the availability of water due to climate change poses major risk factors to hydro and thermal power generation.
The other SC rulings on Environmental Issues:
| MC Mehta vs Kamal Nath 2000 | SC held that any disturbance of the basic environment elements, namely air, water and soil, which are necessary for ‘life’, would be hazardous to ‘life’ within the meaning of Article 21 of the Constitution. SC held that Right to life within Art 21 includes the right to live in a healthy environment, right to enjoy pollution-free water and air, and right to live in a pollution-free environment. |
| Virender Gaur vs State of Haryana1995 | It is the imperative duty of the State governments and municipalities to take adequate measures to promote, protect and improve both the man-made and the natural environment. |
| Karnataka Industrial Areas Development Board vs C Kenchappa, 2006 | The Supreme Court took note of the adverse effects of rising sea levels and rising global temperatures. |
| Bombay Dyeing & Mfg. Co. Ltd. (3) v. Bombay Environmental Action Group, 2006 | The Supreme Court recognised that climate change posed a “major threat” to the environment. |
Way Forward:
- Urgent Shift to Solar Energy: India must swiftly transition to solar power due to its projected 25% share in global energy demand growth. This shift ensures energy security, self-sufficiency, and environmental mitigation.
- Call to Action by Supreme Court: The Supreme Court mandates states to enact effective measures against climate change, urging immediate action.
- Intersection of Climate Change and Human Rights: Recent focus highlights the obligation of states to safeguard human rights amidst climate impacts, necessitating proactive measures.
- Interpretation of Rights by Supreme Court: Constitutional rights like right to life and equality encompass protection against climate change’s adverse effects and ensure a clean environment, as per Supreme Court’s interpretation.
- India’s Climate Change Initiatives: Despite lacking a comprehensive climate change law, India implements various measures to curb environmental degradation and address climate change concerns.
Conclusion:
Hence, the acknowledgment by the Supreme Court of India of the entitlement to protection from the detrimental impacts of climate change under constitutional fundamental rights sets the stage for legal responsibility regarding actions hindering the attainment of climate objectives. This ruling profoundly shapes the legal principles governing climate governance in India.
Source: (TH)
FAQs
FAQ: What was the recent Supreme Court verdict on climate change about?
Answer: The Supreme Court verdict on climate change highlighted the government’s obligation to address environmental concerns and take decisive action to mitigate the effects of climate change.
FAQ: What were the key directives outlined in the SC verdict regarding climate change?
Answer: The verdict emphasized the need for the government to enact and enforce policies aimed at reducing carbon emissions, protecting natural resources, and promoting sustainable development practices.
FAQ: How does the SC verdict impact government policies on climate change?
Answer: The verdict serves as a legal mandate for governments to prioritize climate action, prompting them to adopt measures such as renewable energy promotion, carbon pricing, and stringent environmental regulations.
FAQ: What role does the judiciary play in addressing climate change following this verdict?
Answer: The judiciary, through this verdict, asserts its authority to hold governments accountable for their environmental stewardship, ensuring that they fulfill their responsibilities to combat climate change effectively.
FAQ: What are the implications of this verdict for industries and citizens?
Answer: Industries are now compelled to adopt sustainable practices and reduce their carbon footprint, while citizens are empowered to demand more stringent environmental regulations and participate in climate advocacy efforts to drive meaningful change.
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