Right against adverse effects of climate change part of rights to life, equality: SC

Right against adverse effects of climate change part of rights to life, equality: SC

Subject: Polity

Section: Constitution

Context:

In a significant ruling, the Supreme Court has expanded the scope of Articles 14 and 21 to include the “right against the adverse effects of climate change.

Constitutional Provisions:

• Article 48A of the Constitution provides that the State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country.
• Clause (g) of Article 51A stipulates 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.
• Although these are not justiciable provisions of the Constitution, they are indications that the Constitution recognises the importance of the natural world.
• Article 21 recognises the right to life and personal liberty while Article 14 indicates that all persons shall have equality before law and the equal protection of laws. 
• These Articles are important sources of the right to a clean environment and the right against the adverse effects of climate change.

Key takeaways from the verdict:

• The court pointed out that India aimed to achieve an installed renewable energy capacity (excluding large hydro) of 175 GW (Gigawatts) by 2022, a goal that signified the country’s commitment to clean energy adoption, and the future goal is 450 GW installed capacity by 2030.
• A blanket direction for undergrounding high voltage and low voltage power lines of the nature that was directed by this Court would need recalibration.
• India is likely to account for 25% of global energy demand growth over the next two decades, necessitating a move towards solar for enhanced energy security and self-sufficiency while mitigating environmental impacts.
• Rampant air pollution emphasizes the need for cleaner energy sources like solar to combat pollution caused by fossil fuels.
• Declining groundwater levels and decreasing annual rainfall underscore the importance of diversifying energy sources.