Right Against Climate change impacts
Published on 11 Aug 2024
WHY IN NEWS?
The Supreme Court recently acknowledged the right to be protected from the detrimental impacts of climate change as a distinct entitlement. The Court highlighted Articles 14 (ensuring equality before the law and equal protection of laws) and 21 (guarantee
INTRODUCTION
Great Indian Bustard: The Great Indian Bustard (Ardeotis nigriceps) holds the distinction of being the State bird of Rajasthan. Additionally, it serves as the flagship species for grassland ecosystems, symbolising the overall health of these habitats. According to the IUCN Red List, it is categorised as Critically Endangered.
The Kyoto Protocol: Adopted on December 11, 1997, and entering into force on February 16, 2005, it has 192 Parties. It requires industrialised nations and transitioning economies to adhere to individual emission reduction targets, operationalizing the UN Framework Convention on Climate Change, which mandates mitigation policies and reporting. India ratified the protocol in 2002.
Paris Agreement: It is a legally binding treaty on climate change, was adopted by 196 Parties at COP21 in Paris on December 12, 2015. It came into force on November 4, 2016, with the primary goal of limiting the global average temperature increase to well below 2°C above pre-industrial levels and striving to cap it at 1.5°C. India has ratified the agreement in 2016.
In response to a petition for protection of the critically endangered Great Indian Bustard (GIB) and Lesser Florican, the Supreme Court in 2021 initially restricted the installation of overhead transmission lines within their habitat in Rajasthan and Gujarat. However, the government found this impractical due to its impact on renewable energy prospects and climate change commitments. Upon the request of three government departments, the Court modified its order, emphasising the broader concern of climate change risks faced by people.
Importance of the verdict
Indian scenario: This ruling is particularly significant amidst India's escalating environmental concerns, including air and water pollution, deforestation, and climate change impacts.
Example - The recent flooding triggered by Glacial Lake Outburst (GLOF) in Sikkim has resulted in loss of lives and livelihoods.
Prompt to make laws: Recognizing environmental rights serves as a nudge to Parliament, urging lawmakers to address these issues legislatively.The absence of a specific legislation addressing climate change and its impacts, despite numerous regulations and policies is an issue of concern
Environmental and climate justice: The judgement recognises the multifaceted impacts of climate change on different communities. It signifies the expansion of legal rights to include a clean environment, reflecting a proactive approach to addressing environmental pollution and upholding international commitments.
Holistic approach:The ruling highlighted the need for a comprehensive approach to environmental conservation and climate change mitigation, considering India's commitments and constitutional principles.
Initiate Public Discourse: This ruling will initiate public conversations around environmental issues creating a greater awareness and action towards safeguarding the planet.
Empowerment: It empowers citizens to utilise constitutional courts as a platform to litigate environmental concerns in the future, thereby fostering accountability and enforcement of these rights.
Example - The Global Climate Litigation Report 2023, published by the UNEP, highlighted 2,180 climate-related cases across 65 countries.
Important Rulings, Global Conventions or other Constitutions which provide such a right
Ruling by European Court of Human Rights (ECHR)
Europe's highest human rights court ruled in favour of 2,000 Swiss women, aged over 64, who sued the government for insufficient action on climate change. The ECHR recognized the right to effective protection from the severe adverse effects of climate change under the Convention and ruled that Switzerland violated the European Convention on Human Rights (ECHR) by failing to implement effective measures to combat climate change. The case, brought by KlimaSeniorinnen Schweiz, argued that inadequate climate policies violated their right to life under the European Convention on Human Rights. They highlighted their vulnerability to extreme heat, citing IPCC reports to support their case.
Climate Constitutionalism
Chile: Chile drafted a new constitution that prioritised environmental protection, Indigenous rights, and climate action, dedicating a chapter to nature and ecological concerns. But it was rejected by more than 60% of people.
Algeria: The preamble of the constitution adopted in 2020 acknowledges the impact of climate change and expresses a commitment to environmental protection and sustainable resource management for future generations.
Thailand: Thailand's 2017 Constitution, emphasises national reforms for sustainable development, including environmental protection. Section 258 highlights the need for a water resource management system considering water demand, environment, and climate change.
Global Conventions
IPCC
The Intergovernmental Panel on Climate Change (IPCC) was established in 1988 by the World Meteorological Organization (WMO) and the United Nations Environment Programme (UNEP) to provide governments with scientific information crucial for climate policy formulation. It currently has 195 member countries including India.
UNFCCC
Established in 1992, the UNFCCC (United Nations Framework Convention on Climate Change) oversees the global response to climate change, with nearly universal membership of 198 Parties. It serves as the parent treaty for the 2015 Paris Agreement and the 1997 Kyoto Protocol. All agreements under the UNFCCC aim to stabilise greenhouse gas concentrations to prevent dangerous interference with the climate system, allowing for natural ecosystem adaptation and sustainable development.
COP: The Conference Of Parties (COP), is the supreme decision making body of UNFCCC. It adopts legal instruments and makes decisions to enhance effective implementation of decisions.
Challenges for climate justice in India
Need for climate policy making: Environmental rights, though recognized, will remain largely unexercised due to the absence of concrete policies and legislation. Despite numerous environmental rights cases, issues like clean air continue to pose significant challenges, highlighting the need for effective policy implementation.
Lack of Public Awareness: Limited public awareness and understanding of environmental rights and climate justice hinder grassroots movements and citizen participation in environmental conservation efforts, posing a challenge to fostering a culture of environmental stewardship.
Insufficient Institutional Capacity: It includes resource constraints and bureaucratic inefficiencies which undermines the effective implementation of environmental policies and initiatives
Economic Interests: Conflicting interests between economic development objectives and environmental conservation goals pose a challenge to striking a balance between sustainable development and ecological preservation
Way forward
Enacting laws: Implementing legislation and policies is paramount to safeguarding citizens' rights against climate change, translating legal protections into tangible measures that address environmental challenges effectively.
Example: Amending the Energy Conservation Act 2001 to empower the Central Government to provide for a carbon credit trading scheme.
Inclusion in Manifestos: Political parties vying in Lok Sabha Polls should prioritise the integration of citizens' rights against climate change into their manifestos, outlining comprehensive action plans to ensure the realisation of these rights through robust policy frameworks and initiatives.
Enhancing International Cooperation: Addressing global environmental issues such as climate change, biodiversity loss, and pollution requires collaborative efforts and cooperation among nations. Strengthening international agreements, frameworks, and partnerships, as well as promoting dialogue and knowledge sharing is necessary.
Example: Collaborative initiatives like the Paris Agreement
Effective administration: Governments must not only acknowledge but also prioritise Supreme Court rulings emphasising the intrinsic link between ecology and human dignity. By aligning environmental jurisprudence with policy agendas, particularly in critical areas such as combating Delhi's air pollution, administrations can bridge gaps and ensure coherent and effective responses to environmental challenges.
Example: Creating Climate Smart Villages
The Green Avenger of India
About: Mahesh Chandra Mehta, the "Green Avenger of India," is a leading environmental lawyer and activist known for his influential use of Public Interest Litigations (PILs) to shape environmental jurisprudence in India.
Cases
M C Mehta v. Union of India (1988): This case addressed Ganga pollution, leading to Supreme Court directives to control industrial discharge and halt the practice of disposing corpses in the river.
M C Mehta v. Union of India (1996):The Taj Trapezium Case addressed pollution around the Taj Mahal, leading to Supreme Court directives to control industrial activities and preserve the monument.
M C Mehta v. Union of India (2002): The case aimed to tackle rising vehicular pollution in Delhi, leading to Supreme Court directives to regulate emissions, promote CNG use, and enhance public transportation, thereby curbing air pollution in the capital.
Recent SC Judgements on Environmental Justice
On Vedanta Case, 2024: The SC bench emphasised the need to keep the Vedanta Sterlite Copper plant shut due to environmental violations and local protests. Additionally, it highlighted the principle of intergenerational equity, underscoring the responsibility to conserve resources for future generations. The right to a clean environment was reaffirmed.
On a petition against the Forest Conservation Amendment Act, 2023: The Supreme Court issued an interim order requiring the government to use the "dictionary definition" of forests when identifying forest land nationwide. Additionally, the court mandated that any construction of zoos or wildlife safaris in forest areas, permitted by the amendment, must receive prior approval from the Supreme Court.
On firecrackers, 2023: The Supreme Court clarified its 2018 and 2021 orders banning barium and other banned chemicals in firecrackers, stating that they apply nationwide, not just in the National Capital Region. The ruling mandates the use of only "green firecrackers" across all states.
On stubble burning, 2023: In response to worsening air quality in Delhi-NCR, SC directed Punjab, Rajasthan, Uttar Pradesh, and Haryana to halt stubble burning, a significant contributor to poor air quality. The court also instructed the Delhi Government to prevent open burning of municipal solid waste.
On Jim Corbett National Park,2024: The Supreme Court exposed collusion between politicians, forest officials, and contractors in the illegal felling of 6,000 trees in Jim Corbett National Park. Additionally, it banned tiger safaris in core areas of national parks to minimise disturbance to wildlife, emphasising that wildlife should not be treated as zoo exhibits.
On Yamuna river pollution,2021: SC took suo motu notice of water bodies' pollution due to untreated sewage. During the hearing of an urgent petition by the Delhi Jal Board (DJB), the SC addressed the issue of Haryana's discharge of pollutants into the Yamuna river, seeking immediate action to halt it.
CONCLUSION
The recent Supreme Court ruling on the right to be free from the adverse effects of climate change is a landmark moment in India's environmental jurisprudence. It emphasises the need for legislative action and policy reforms to protect citizens' rights an