Implication of SC ruling on right against climate change

Source: This post significance of SC ruling on right against climate change is based on the article ‘How Supreme Court’s verdict on climate change can push climate litigation in India’, published in Indian Express, on 22^nd April 2024.

UPSC Syllabus: GS Paper 3 – Environment – Climate change

Context: Supreme Court (SC) recently recognized the fundamental right of citizens to be free from the adverse impacts of climate change. It will increase the climate related litigations in India, as well.

Globally, according to the UN Environment Programme’s 2023 Global Climate Litigation Report, there are currently 2,180 climate-related cases being heard in 65 countries. Which has increased from 1,550 cases in 39 countries in 2020 and 884 cases in 24 countries in 2017.

Also Read – SC Ruling on right against Climate Change- Explained Pointwise

What would be the implication of SC ruling?

1) The court’s ruling aligns with a global surge in climate litigation. It will increase the number of people seeking legal remedies for climate change-related issues as government and corporate actions remain inadequate.

2) India’s courts, particularly the National Green Tribunal, have been dealing with climate-related issues for a long time. However, there have been few instances of petitions directly addressing the broader problem of climate change.

3) Ruling might potentially pave the way for a new jurisprudence that prioritizes people, socio-economic development, nature, and climate change mitigation.

What are the challenges of SC ruling?

1) Climate change is a multi-dimensional problem that cannot be tackled through any single or small set of interventions.

2) Courts may adopt a “hands-off approach” in climate cases due to their intricate links with complex socio-economic issues and policy choices made by the executive branch.

3) While courts may require the government to consider appropriate mitigation or adaptation plans and policies, they are unlikely to strictly enforce such directions, apart from occasional reprimands.