SC Judgment on Climate Change: the Supreme Court has ruled that the right to a healthy environment, free from the adverse effects of climate change, is a fundamental right under Article 21. Read more below.
The Supreme Court passed its judgment in a case titled M K Ranjitsinh & Ors versus Union of India & Ors.
The case was regarding the protection of two critically endangered bird species on the IUCN Red List – the great Indian bustard (GIB) and the lesser florican.
Both the bird species are listed under Part III of Schedule I of the Wild Life (Protection) Act, 1972.
SC Judgment on Climate Change
The Supreme Court has extended the ambit of Articles 14 and 21 of the fundamental right and ruled that people have the right to be free from the adverse effects of climate change.
- Articles 14 and 21 of the Indian Constitution guarantee fundamental rights to equality and life respectively.
- In a very recent event, the right to a clean environment was also considered a fundamental right under the Right to Life of Article 21.
- The court also highlighted the interconnection between climate change and various human rights, including the right to health, indigenous rights, gender equality, and the right to development.
Expanding the Scope of the Right to Life
- The Supreme Court, in its judgment, noted that the right to life under Article 21 must be interpreted progressively to include the right to a clean and healthy environment, which is essential for the enjoyment of other fundamental rights.
- Justice S. Ravindra Bhat stated that the “right to life” must be understood to include the “right to a healthy environment, free from the adverse effects of climate change.”
- This interpretation expands the traditional understanding of the right to life, recognizing the intrinsic link between human well-being and the state of the environment.
Incorporating International Law Principles
- The Supreme Court’s judgment draws heavily from international law principles, particularly the concept of the “right to a healthy environment” recognized by various international treaties and declarations.
- The Court relied on the Stockholm Declaration (1972), the Rio Declaration (1992), and the Paris Agreement (2015) to establish the global consensus on the human right to a healthy environment.
- By incorporating these international frameworks, the judgment strengthens the legal foundation for the recognition of this right in the Indian context.
Imposing Duties on the Government
The Supreme Court’s ruling not only recognizes the right to a healthy environment but also imposes specific duties on the government to take necessary actions to protect this right.
The judgment mandates the central and state governments to:
- Formulate and implement a comprehensive climate change policy that addresses mitigation, adaptation, and loss and damage.
- Ensure that the policy is aligned with India’s international commitments under the Paris Agreement.
- Establish a robust monitoring and evaluation mechanism to regularly assess the progress and effectiveness of climate actions.
- Provide adequate financial resources and technological support to facilitate the implementation of the climate policy.
Addressing Intergenerational Equity
- The judgment recognizes the intergenerational nature of the climate crisis, acknowledging that the current generation has a responsibility to protect the environment for future generations.
- The Court emphasizes that the right to a healthy environment is not limited to the present but extends to future generations, who have an equal claim to a livable planet.
- This principle of intergenerational equity is an essential aspect of the judgment, as it establishes a long-term, sustainable approach to climate action.
Possible Implications of the Judgment
The Supreme Court’s landmark judgment on the right against the adverse effects of climate change has far-reaching implications for India’s climate policy and governance.
- The judgment opens the door for increased climate litigation in India, as individuals and civil society organizations can now challenge the government’s climate policies and measures through Public Interest Litigation (PIL). This can lead to more robust judicial oversight and pressure on the government to strengthen its climate actions.
- The Court’s directive to the government to formulate a comprehensive climate change policy, aligned with international commitments, can drive the development of a more holistic and ambitious climate action plan.
- This has the potential to accelerate India’s transition towards a low-carbon economy and build resilience against the impacts of climate change.
- The recognition of the right to a healthy environment also has implications for addressing the disproportionate impact of climate change on marginalized and vulnerable communities.
However, the implementation of this landmark judgment also presents significant challenges.
- Translating the Court’s directives into effective and measurable climate actions will require strong political will, robust institutional frameworks, and sustained public engagement.
- Coordinating climate policy across different levels of government (central, state, and local) and ensuring adequate financial and technological resources for implementation will be crucial for the successful realization of the right to a healthy environment.
The Great Indian Bustard
The Great Indian Bustard (Ardeotis nigriceps) is the state bird of Rajasthan.
- The Great Indian Bustard is an important species that represents the health of grassland habitats in India.
- This means that if the GIB is doing well, it’s a sign that the grasslands it lives in are also in good condition.
- The GIB is mostly found in the Indian states of Rajasthan and Gujarat. There are also small populations in a few other states like Maharashtra, Karnataka, and Andhra Pradesh.
A judgement was pronounced in open court, constituting an expert committee to examine the problem faced by the bird species whose natural habitat and flight routes collide with power transmission lines in Gujarat and Rajasthan.
Protection status of The Great Indian Bustard
The Great Indian Bustard has special protection status:
- It is listed as Critically Endangered on the IUCN Red List.
- It is included in Appendix I of the Convention on International Trade in Endangered Species (CITES), which means trade in this species is strictly prohibited.
- It is also listed in Appendix I of the Convention on Migratory Species (CMS).
- In India, it is protected under Schedule I of the Wildlife (Protection) Act, 1972, which provides the highest level of protection.
Conclusion
The Supreme Court’s judgment on the right against the adverse effects of climate change as a fundamental right under Article 21 has the potential to be a transformative moment in India’s climate governance.
By elevating environmental protection to the realm of constitutional rights, the Court has paved the way for a more accountable, inclusive, and sustainable approach to addressing the climate crisis.
This landmark decision not only strengthens the legal framework for climate action but also empowers citizens to participate actively in the process of shaping India’s climate future.
Related articles:
Article Written By: Priti Raj
Leave a Reply