Right against climate change part of right to life, equality: Read the Supreme Court’s exact arguments

Right against climate change part of right to life, equality: Read the Supreme Court’s exact arguments

Subject: Environment

Section: Species in news

Context:

• On April 5, 2024, the Supreme Court of India, in a landmark judgment led by Chief Justice DY Chandrachud, recognized the right against the adverse impacts of climate change as a fundamental right, linking it to the right to life and equality (Articles 14 and 21) under the Indian Constitution.

Details:

• This decision came during a case concerning the conservation of the great Indian bustard and the lesser florican, challenging a 2021 verdict that imposed a blanket ban on overhead powerlines in certain areas to protect these birds.
• The verdict underscored the distinction between climate mitigation and ecological conservation, emphasizing the necessity of balancing environmental protection with the advancement of clean energy.
• It highlighted India’s legislative and policy efforts to combat climate change, including various acts and missions aimed at protecting the environment and promoting renewable energy, but noted the absence of a comprehensive climate change law.
• Nonetheless, the Court interpreted constitutional provisions, such as Article 48A and Clause (g) of Article 51A, which mandate environmental protection and the promotion of wildlife conservation, as implicitly providing a right to be safeguarded from the negative effects of climate change.
• This interpretation affirms the constitutional basis for the right to a clean environment and protection against climate change, rooted in the broader rights to life and equality.
• The 2015 United Nations Environment Programme report also outlined five human rights obligations related to climate change, including both mitigation and adaptation efforts. 22 In 2018, the UN Special Rapporteur on Human Rights and the Environment emphasized that human rights necessitate states to establish effective laws and policies to reduce greenhouse gas emissions, aligning with the framework principles on human rights and the environment.
• In Virender Gaur vs State of Haryana, 1995 this Court recognised the right to a clean environment as a fundamental right.
• While India has several environmental legislations that have a bearing on climate action, India does not have an umbrella legislation governing climate change.

In MC Mehta vs Kamal Nath, 2000, this Court held that Articles 48A and 51A(g) must be interpreted in light of Article 21:

• These two articles have to be considered in the light of Article 21 of the Constitution which provides that no person shall be deprived of his life and liberty except in accordance with the procedure established by law.

Any disturbance of the basic environment elements, namely air, water and soil, which are necessary for “life”, would be hazardous to “life” within the meaning of Article 21 of the Constitution.”