Court on climate right and how India can enforce it
Source: The Hindu
For Prelims: Fundamental Rights, Environmental Rights, Current events of national and international events
For Mains: Bilateral, regional, and global alliances and agreements involving India, as well as those influencing India's interests, and significant international organizations
Highlights of the Article
Environment as a Fundamental Right
Indian Laws on Environment
Climate Right
Great Indian Bustard
Context
Through its recent judgment in M.K. Ranjitsinh and Ors. vs Union of India & Ors., the Supreme Court of India has dropped a large rock into the relatively placid waters of India’s nascent climate change jurisprudence. It has read into the Constitution of India the right to ‘be free from the adverse effects of climate change’, identifying both the right to life and the right to equality as its sources. As a new government considers its imperatives and agenda, Ranjitsinh provides an intriguing opportunity to think through and possibly enact much more systematic governance around climate change
UPSC EXAM NOTES ANALYSIS
1. Environment as a Fundamental right (Climate right)
- Scholars and legal experts continue to analyze the court's ruling. The case focused on whether and under what conditions electricity transmission lines could be constructed through the habitat of the critically endangered Great Indian Bustard. The government argued that a previous court order protecting the bird’s habitat had hindered India's renewable energy potential.
- The modified ruling prioritized transmission infrastructure to accelerate the development of renewable energy, addressing climate change concerns.
- However, the most significant aspect of the judgment was the introduction of a novel ‘climate right’ rooted in constitutionally guaranteed rights to life (Article 21) and equality (Article 14). This interpretation could pave the way for climate-related litigation, empowering citizens to demand government action to safeguard this right.
- Yet, the judgment raises unresolved questions. Does the Court overly emphasize large-scale clean energy initiatives as the primary strategy against climate impacts, potentially neglecting climate adaptation and local environmental resilience? How will this right against climate change impacts be effectively enforced? And what implications might this have for government policy agendas? One approach could involve incremental judicial decisions around this newly recognized right. Alternatively, new legislation could actively operationalize protections against climate change impacts.
- The former approach, relying on judicial actions through increased climate litigation, may lead to a gradual but incomplete array of protections over time, contingent on subsequent policy actions. Such a patchwork approach might struggle to establish a comprehensive policy framework for the future.
- Considering this, could legislative action on climate change be a more effective strategy? The judgment itself notes the absence of comprehensive climate change legislation in India, suggesting potential benefits of overarching framework legislation.
- Drawing from global examples, such legislation could define a national vision for addressing climate change across sectors and regions, establish necessary institutions with appropriate mandates, and create structured processes for governance in anticipation of and response to climate challenges
2. Indian Context
- These advantages are compelling reasons for India to consider climate legislation. However, it's crucial that Indian climate laws are not merely replicas of those from other nations but are tailored to suit India's unique circumstances.
- Undoubtedly, India must transition towards a low-carbon energy future, as underscored in the Ranjitsinh judgment. Yet, this alone isn't sufficient to enforce protections against the adverse impacts of climate change.
- Climate legislation should also establish a supportive regulatory framework for sustainable urban development, buildings, and transportation networks.
- It should facilitate adaptation strategies such as localized heat action plans and resilient crop cultivation.
- Furthermore, it should safeguard critical ecosystems like mangroves that buffer against extreme weather events. Social equity considerations must also be integral to these efforts.
- In essence, climate legislation should integrate and embed climate change considerations into India's developmental processes. Nothing less will suffice to mitigate the adverse effects of climate change.
- However, attempting to encompass all these aspects within a single comprehensive law isn't feasible, especially given India's existing legal framework that addresses many of these issues. It's impossible to predict every aspect of societal preparation for climate change upfront. So, what is the best way forward?
- In this regard, there is an opportunity to draw lessons from international experiences, learning both from their pitfalls and their successful approaches.
- Many countries' climate laws, often modeled after the United Kingdom's example, narrowly focus on regulating carbon emissions through mechanisms like regular national carbon budgets.
- Unfortunately, this approach, which has become somewhat of a global standard, isn't well-suited to India's context.
- Instead, considering India's developmental status, vulnerability, and the need to build substantial infrastructure, the country requires a law that not only fosters low-carbon practices but also promotes climate-resilient development.
- It's crucial to understand the distinction between regulatory laws, such as those in the UK, which concentrate narrowly on emission limitations, and enabling laws, akin to those in Kenya, which stimulate decision-making across various sectors of the economy—urban planning, agriculture, water management, energy, and more.
- An enabling law can systematically guide decisions by assessing their contribution to low-carbon growth and climate resilience. Importantly, this approach prioritizes both mitigation and adaptation strategies.
- An enabling law would likely be procedural, establishing institutions, processes, and standards to mainstream climate change considerations across diverse ministries and sectors of society.
- For instance, such a law would include mechanisms for knowledge-sharing, ensuring transparency, opportunities for public participation, and expert consultation. It would also facilitate the meaningful establishment (and revision) of targets, timelines, and reporting mechanisms to track progress against these goals.
3. Federalism and Climate Laws
- Another critical aspect for an India-specific climate law is ensuring its effective integration with Indian federalism.
- Many domains crucial for climate action, such as urban planning, agriculture, water management, and even electricity, fall within the jurisdiction of sub-national governments—States and local bodies.
- A climate law in India must therefore establish a national framework for coordinated action while decentralizing enough authority to empower States and local governments. It should equip them with necessary resources and information to implement effective climate measures.
- Moreover, an ideal climate law should extend its enabling role beyond government to include business, civil society, and local communities, especially those most vulnerable to climate impacts.
- These stakeholders possess vital knowledge and insights crucial for transitioning to sustainable energy practices and enhancing resilience. Facilitating their active participation in decision-making processes would enable diverse segments of society to contribute their expertise towards addressing climate change challenges.
- These principles outline a framework for an Indian climate law, aligning with the vision set forth in the Ranjitsinh judgment and providing a pathway to fulfill its objectives effectively
4.Environmental Laws in India
Environmental laws in India form a crucial framework for the conservation, protection, and sustainable management of natural resources and ecosystems. These laws are essential for addressing environmental challenges, ensuring sustainable development, and safeguarding public health.
Some key environmental laws in India include:
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The Wildlife Protection Act, 1972: Aimed at protecting wildlife and their habitats, regulating trade in wildlife species, and establishing protected areas such as national parks and sanctuaries.
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The Water (Prevention and Control of Pollution) Act, 1974: Focuses on preventing and controlling water pollution by regulating industrial effluents, sewage discharge, and promoting measures for water quality management.
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The Air (Prevention and Control of Pollution) Act, 1981: Addresses air pollution by regulating emissions from industries, vehicles, and other sources, and promoting measures for air quality monitoring and control.
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The Environment (Protection) Act, 1986: Provides a comprehensive framework for environmental protection and conservation, empowering the central government to take measures to protect and improve environmental quality.
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The Forest (Conservation) Act, 1980: Regulates and restricts the diversion of forest land for non-forest purposes, ensuring the sustainable use and conservation of forests.
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The Biological Diversity Act, 2002: Aims to conserve biological diversity in India, regulate access to biological resources, and ensure equitable sharing of benefits arising from their utilization.
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The National Green Tribunal Act, 2010: Establishes the National Green Tribunal (NGT) as a specialized judicial body to handle cases related to environmental protection and conservation.
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The Coastal Regulation Zone (CRZ) Notification: Regulates activities along coastal areas to protect coastal ecosystems, habitats, and livelihoods.
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The Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016: Regulates the management, treatment, and disposal of hazardous wastes to minimize their environmental and health impacts.
5. Conclusion
These laws and regulations play a critical role in shaping environmental policy and governance in India, addressing various aspects of environmental protection, pollution control, and sustainable development. They provide a legal framework for promoting responsible environmental practices and ensuring compliance with international environmental commitments
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Mains Practice Questions
1.Discuss the significance of the Environment (Protection) Act, 1986, in the context of environmental governance in India. How has this legislation contributed to addressing environmental challenges and ensuring sustainable development? (15 marks)
2.Examine the role of the National Green Tribunal (NGT) in environmental adjudication and its impact on environmental conservation efforts in India. Highlight key contributions and challenges faced by NGT since its establishment. (15 marks)
3.Critically analyze the effectiveness of the Wildlife Protection Act, 1972, in conserving India’s biodiversity and protecting endangered species. Discuss the strengths, weaknesses, and recent developments pertaining to this legislation. (15 marks)
4.Discuss the key provisions and objectives of the Coastal Regulation Zone (CRZ) Notification in India. Assess its role in balancing coastal development with environmental conservation, highlighting challenges and recent amendments. (15 marks)
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