SC Ruling on right against Climate Change- Explained Pointwise

Supreme Court (SC) in its latest judgement has recognised the right against the adverse effects of climate change as a distinct fundamental right in the Constitution. SC held that the right against adverse impact of climate change is intertwined with the right to life (Art 21) and right to equality (Art 14) that are embedded in the Indian constitution.

What is the Supreme Court ruling on right against Climate Change?

The SC ruling has come in the case connected with the survival of the endangered Great Indian Bustard Species. 

1. Right against Climate Change is a fundamental right- Right to a healthy environment, which is safe from the ill-effects of climate change, is a fundamental right.

2. Expansive view of the Fundamental rights under Art 14 and 21- SC has held that right to life (Art 21) and right to equality (Art 14) could not be fully realised without a clean, stable environment. SC has expanded the scope of Art 14 and Art 21 to underline the need to protect lives and livelihoods in the face of climate change.

3. Impact on the right to health (Art 21) due to Climate Change- The right to health (which is a part of the right to life under Article 21) is impacted due to factors such as air pollution, vector-borne diseases, rising temperatures, droughts. These factors are exacerbated due to climate change.

4. Impact on the right to equality (Art 14) due to Climate Change- Climate change and environmental degradation lead to acute food and water shortages in a particular area where the poorer communities suffer more than richer ones. Forest dwellers, tribal and indigenous communities have a higher risk of losing their homes and culture due to climate change as compared to other communities.

5. Interconnection between climate change and human rights- SC in its judgement has held that climate change impacts various human rights such as the right to health, indigenous rights, gender equality, and the right to development.

6. Right against Climate change and right to clean environment two sides of the same coin- SC in its ruling has observed that the right against adverse effect of climate change and the right to clean environment are two sides of the same coin. However, with the increase in adverse effects of climate change, it is imperative to recognise the right against adverse effects of climate change as a distinct right.

What is the significance of the Supreme Court Ruling on right against Climate Change?

1. Reiteration of India’s commitment to climate justice- The SC ruling reiterates India’s Climate responsibilities under International laws and agreements such as the Paris Agreement, which aim to provide environmental and climate justice.

2. Makes the Issue of Climate change a part of public discourse- The recognition of the right against climate change as a fundamental right, makes the issue of climate change a part of the public and political discourse in the country. It will nudge the Parliament to enact legislations on the issues of climate change.

3. Opens the doors of constitution courts for Environmental Jurisprudence- The recognition of the right against the climate change as a fundamental right, opens the doors of the constitutional courts for citizens to litigate climate change issues in future.

4. Progressive step setting a significant legal precedent- In the absence of a single or umbrella legislation against climate change in the country, the recognition of the rights of Indians against climate change by the Judiciary, is a progressive step setting a significant legal precedent.

5. Recognises the Vulnerability of Indians to climate change- The Supreme court ruling is a recognition of the Vulnerability of Indians to climate Change which has been highlighted by the several studies, including IPCC reports.

What are the vulnerabilities of Indians to Climate change which enhance the importance of the Verdict?

1. Increase in Glacial lake outburst floods- Climate change has increased the intensity and frequency of GLOFs due to rapid melting of the Hindukush Himalayan Ranges. For Ex- Recent GLOF induced flooding in Sikkim leading to destruction of lives and livelihood.

2. Changing Rainfall Patterns and increase in droughts- There has been increase in the frequency of droughts in north-western India, Jharkhand, Orissa and Chhattisgarh.

3. Increase in sea levels- The densely populated cities of Kolkata and Mumba are particularly vulnerable to the impacts of sea-level rise, tropical cyclones, and riverine flooding.

4. Endangered Food and Energy Security- There has been a decrease in the crop yields because of extreme heat and low rainfall, which endangers the food security of the country. Further, the decrease in the availability of water due to climate change poses major risk factors to hydro and thermal power generation.

What are the other SC rulings on Environmental Issues?

The Supreme Court on several occasions in the past few decades has relied on the Constitution to uphold human rights pertaining to environmental issues.

What Should be the Way Forward?

1. Enaction of legislation to give effect to the right- Enaction of legislation and framing of policies against climate change will help in the actual realisation of the right of citizens against climate change.

2. Inclusion in Political Manifestos- This recognised fundamental right against climate change must be a part of the political manifestos of the political parties in the fray for Lok Sabha Polls. They must outline their plan of action for the realisation of these rights.

3. Avoiding hiatus between environmental jurisprudence and policy- Governments must give proper respect to these SC rulings that underline the links between ecology and human dignity. We must aim to avoid the hiatus between environmental jurisprudence and policy like in the case of Delhi Air Pollution.