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Source– This post on ‘Right against adverse effects of climate change’ is based on the article “Right against adverse effects of climate change part of rights to life, equality: SC” published in “PIB” on 7th April 2024.
Why in the News?
Recently, in a significant ruling, the Supreme Court held that the Right against adverse effects of climate change is part of the right to life and the right to equality.
Which provisions were invoked?
1. A three-judge bench presided by Chief Justice of India D Y Chandrachud highlighted the following provisions which show that the Constitution recognizes the importance of the natural world:
a) Article 48A of the Constitution provides that the State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.
b) Clause (g) of Article 51A states that it shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures. These are not justiciable provisions of the Constitution.
2. The court determined that a stable and clean environment, unaffected by climate change’s unpredictability, is essential for the full realization of the right to life.
3. The failure of marginalized communities to adjust to or mitigate the impacts of climate change infringes upon their right to life (Article 21) as well as their right to equality (Article 14).
Read more: Article 21 and Article 14
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