The Supreme Court has recognized the right to a healthy environment, free from the adverse effects of climate change, as a fundamental human right
The judgment by a three-judge Bench of Chief Justice of India (CJI) D Y Chandrachud and Justices J B Pardiwala, and Manoj Misra, can set a benchmark on the impact of climate change and the need for a healthy environment.
The Supreme Court highlighted the impact of climate change on the right to equality, highlighting the need for a balanced approach to environmental protection.
The Court underscored the impact of climate change on poorer communities, indigenous groups, and forest dwellers, who may lose their homes and culture due to the loss of land and resources.
The SC drew attention to the need for states to prioritize environmental protection and sustainable development. The aim is to address climate change’s root causes and safeguard the well-being of present and future generations.
It underlined the importance of upholding international law obligations, such as the Paris Agreement, to mitigate greenhouse gas emissions and protect fundamental rights.
The Court emphasized the need for a holistic approach to balancing the conservation of the GIB with environmental conservation.
The right against climate change is recognized by Articles 14 (right to equality) and 21 (right to life), and is linked to various human rights, including the right to health, indigenous rights, gender equality, and the right to development, noted Chief Justice DY Chandrachud.
“It is yet to be articulated that the people have a right against the adverse effects of climate change. This is perhaps because this right and the right to a clean environment are two sides of the same coin. As the havoc caused by climate change increases year by year, it becomes necessary to articulate this as a distinct right. It is recognized by Articles 14 (right to equality) and 21 (right to life),” the SC observed.
Despite governmental policy and rules recognizing the adverse effects of climate change and seeking to combat it, there is no single or umbrella legislation in India relating to climate change and its attendant concerns, the court noted.