Right against the adverse effects of climate change

Table of Contents

Right against the adverse effects of climate change | UPSC

Introduction:

The Supreme Court (SC) of India, in a landmark ruling, has declared the “right against the adverse effects of climate change” as a distinct fundamental right recognised by Articles 14 (right to equality) and 21 (right to life) in the Constitution.
The Apex Court passed its judgment in a case titled M K Ranjitsinh & Ors versus Union of India & Ors regarding the protection of two critically endangered bird species on the IUCN Red List – the great Indian bustard (GIB) and the lesser florican.

Both are scheduled species listed under Schedule I of the Wild Life (Protection) Act, 1972.

How do climate change affects the Fundamental Rights under Article 14 and 21?

The rights to life and equality could not be fully realised without a clean, stable environment.
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, shifts in vector-borne diseases, rising temperatures, droughts, shortages in food supplies due to crop failure, storms, and flooding.
If environmental degradation and climate change lead to acute shortage of food and water, the right to equality will also be violated, as the poorer, under-served communities will not be able to cope with the adversity and will suffer more than richer ones.
Unequal energy access disproportionately affects women and girls due to their gender roles and responsibilities such as through time spent on domestic chores and unpaid care work.
The right to equality may also be violated in ways that are more difficult to remedy. For example, a person living in say, the Lakshadweep Islands, will be in a disadvantageous position compared to person living in say, Madhya Pradesh when sea levels rise and oceanic problems ensue.
- - Similarly, forest dwellers or tribal and indigenous communities are at a high risk of losing not only their homes but also their culture, which is inextricably intertwined with the places they live in and the resources of that place.
Traditional activities such as fishing and hunting may be impacted by climate change, affecting the source of sustenance for such people. In these ways too, climate change may impact the constitutional guarantee of the right to equality.

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Significance of the Court’s verdict

Recognition by the Supreme Court of India of the right to be free from the adverse effects of climate change within the purview of constitutional fundamental rights paves the way for legal accountability of actions that undermine meeting climate targets.
This observation by the top court is also significant because it stretches the role of climate change mitigation beyond just ecological conservation. It’s now a matter of climate justice and fundamental human rights.

Other provisions in the Indian Constitution against the adverse effects of climate change

Article 48A of the Constitution provides that the State shall endeavour to protect and improve the environment and to safeguard the forests and wild life 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 wild life, and to have compassion for living creatures.

Landmark Environmental Judgments of the Supreme Court of India

Case	Judgment
1. The Vellore Case	· The concept of ‘sustainable development’ was explained in Vellore Citizen Welfare Forum Vs. Union of India AIR 1996
2. The Enviro-Action Case	· The principle of ‘polluter pays’ was accepted in Indian Council for Enviro-Legal Action Vs. Union of India AIR 1996
3. MC Mehta Vs. Kamalnath Case	· The State is a trustee of all natural resources (public trust doctrine) and holds them for the benefit of the public; it is under legal duty to protect it.
4. The Godavarman Case	· The Supreme Court liberally interpreted the Forest Conservation Act 1980 to provided a safeguard to protect greenery
5. The Oleum Gas case	· The Court held that if any damage is caused due to hazardous or dangerous activity then the sufferer is liable to be compensated irrespective of the fact that reasonable care was taken in carrying out the activity. · The liability is absolute; there are no exceptions as held in the Ryland case. · The aforesaid principle has been given statutory recognition by enacting the Public Liability Insurance Act, 1991 and the National Green Tribunal Act 2010.
6. M C Mehta v Union of India (1987) Case	· In M C Mehta v Union of India (1987), the SC treated the right to live in a pollution-free environment as a part of the Right to Life.
7. M.C. Mehta v. Kamal Nath and Virender Gaur v. State of Haryana Cases	· These are among the landmark judgments of the SC which have recognized the right to a clean environment as a part of Article 21 of the Constitution.

India’s efforts to combat climate change

While India has several environmental legislations that have a bearing on climate action, there is no single or umbrella legislation in India governing climate change.
- - Framework climate laws set out the strategic direction for national climate change policy and contain legally binding targets and pathways to combat climate change.
India’s efforts to combat climate change are manifold. Parliament has enacted the Wild Life (Protection) Act 1972, the Water (Prevention and Control of Pollution) Act 1974, the Air (Prevention and Control of Pollution) Act 1981, the Environment (Protection) Act 1986, the National Green Tribunal Act 2010, amongst others.
In 2022, the Energy Conservation Act 2001 was amended to empower the Central Government to provide for a carbon credit trading scheme.
The Electricity (Promoting Renewable Energy Through Green Energy Open Access) Rules 2022 were made in exercise of the powers under the Electricity Act 2003 to ensure access to and incentivise green energy.
The executive wing of the government has implemented a host of projects over the years including the National Solar Mission, the National Mission for Enhanced Energy Efficiency, the National Mission for a Green India, and the National Mission on Strategic Knowledge for Climate Change, amongst others.
Despite governmental policy and rules and regulations recognising the adverse effects of climate change and seeking to combat it, there is no single or umbrella legislation in India which relates to climate change and the attendant concerns.

Climate Change impacts in India and mitigation measures

Evidence for the vulnerability of Indians to climate change is mounting by the day. Floods have become more frequent and intense, rainfall patterns are changing and heatwaves pose serious health risks.
Several studies, including IPCC reports, have warned that global warming will put an increasing number of Indians at risk in the coming years.
Likely impacts of climate change on India are:

1. Extreme Heat	What could happen • India is already experiencing a warming climate. Unusual and unprecedented spells of hot weather are expected to occur far more frequently and cover much larger areas. What can be done • With built-up urban areas rapidly becoming “heat-islands”, urban planners will need to adopt measures to counteract this effect.
2. Changing Rainfall Patterns	What could happen • A decline in monsoon rainfall since the 1950s has already been observed. The frequency of heavy rainfall events has also increased. What can be done • Improvements in hydro-meteorological systems for weather forecasting and the installation of flood warning systems can help people move out of harm’s way before a weather-related disaster strikes. • Building codes will need to be enforced to ensure that homes and infrastructure are not at risk.
3. Droughts	What could happen • Evidence indicates that parts of South Asia have become drier since the 1970s with an increase in the number of droughts. • Droughts are expected to be more frequent in some areas, especially in north-western India, Jharkhand, Orissa and Chhattisgarh. • Crop yields are expected to fall significantly because of extreme heat. What can be done • Investments in R&D for the development of drought-resistant crops can help reduce some of the negative impacts.
4. Groundwater	What could happen • More than 60% of India’s agriculture is rain-fed, making the country highly dependent on groundwater. • Even without climate change, 15% of India’s groundwater resources are overexploited. What can be done • The efficient use of ground water resources will need to be incentivized.
5. Glacier Melt	What could happen • Most Himalayan glaciers – where a substantial part of the moisture is supplied by the summer monsoon – have been retreating over the past century. What can be done • Major investments in water storage capacity would be needed to benefit from increased river flows in spring and compensate for lower flows later on.
6. Sea Level Rise	What could happen • With India close to the equator, the sub-continent would see much higher rises in sea levels than higher latitudes. • Sea-level rise and storm surges would lead to saltwater intrusion in the coastal areas, impacting agriculture, degrading groundwater quality, contaminating drinking water, and possibly causing a rise in diarrhea cases and cholera outbreaks, as the cholera bacterium survives longer in saline water. • Kolkata and Mumbai, both densely populated cities, are particularly vulnerable to the impacts of sea-level rise, tropical cyclones, and riverine flooding. What can be done • Building codes will need to be strictly enforced and urban planning will need to prepare for climate-related disasters. • Coastal embankments will need to be built where necessary and Coastal Regulation Zone codes enforced strictly.
7. Agriculture and Food Security	What could happen • Seasonal water scarcity, rising temperatures, and intrusion of sea water would threaten crop yields, jeopardizing the country’s food security. What can be done • Crop diversification, more efficient water use, and improved soil management practices, together with the development of drought-resistant crops can help reduce some of the negative impacts.
8. Energy Security	What could happen • The increasing variability and long-term decreases in river flows can pose a major challenge to hydropower plants and increase the risk of physical damage from landslides, flash floods, glacial lake outbursts, and other climate-related natural disasters. • Decreases in the availability of water and increases in temperature will pose major risk factors to thermal power generation. To function at full efficiency, thermal power plants need a constant supply of fresh cool water to maintain their cooling systems. What can be done • Projects will need to be planed taking into account climatic risks.
9. Water Security	What could happen • Many parts of India are already experiencing water stress. Even without climate change, satisfying future demand for water will be a major challenge. • Urbanization, population growth, economic development, and increasing demand for water from agriculture and industry are likely to aggravate the situation further. What can be done • Improvements in irrigation systems, water harvesting techniques, and more-efficient agricultural water management can offset some of these risks.
10. Health	What could happen • Climate change is expected to have major health impacts in India- increasing malnutrition and related health disorders such as child stunting – with the poor likely to be affected most severely. • Malaria and other vector-borne diseases, along with and diarrheal infections which are a major cause of child mortality, are likely to spread into areas where colder temperatures had previously limited transmission. • Heat waves are likely to result in a very substantial rise in mortality and death, and injuries from extreme weather events are likely to increase. What can be done • Improvements in hydro-meteorological systems for weather forecasting and the installation of flood warning systems can help people move out of harm’s way before a weather-related disaster strikes. • Building codes will need to be enforced to ensure that homes and infrastructure are not at risk.
11. Migration and Conflict	What could happen • South Asia is a hotspot for the migration of people from disaster-affected or degraded areas to other national and international regions. • The Indus and the Ganges-Brahmaputra-Meghna Basins are major trans boundary rivers, and increasing demand for water is already leading to tensions among countries over water sharing. • Climate change impacts on agriculture and livelihoods can increase the number of climate refugees. What can be done • Regional cooperation on water issues will be needed.

Conclusion

By recognizing the right to a healthy environment and the right to be free from the adverse effects of climate change, states are compelled to prioritize environmental protection and sustainable development, thereby addressing the root causes of climate change and safeguarding the well- being of present and future generations.
It is imperative for states like India, to uphold their obligations under international law, including their responsibilities to mitigate greenhouse gas emissions, adapt to climate impacts, and protect the fundamental rights of all individuals to live in a healthy and sustainable environment.

References:

Practice Questions:

Q. Consider the following article of the Indian Constitution related to the fundamental rights:

Article 14
Article 19
Article 21
Article 23

Recently, the Supreme Court (SC) of India declared the “right against the adverse effects of climate change” as a distinct fundamental right recognised under how many of the above articles?

(a) Only one

(b) Only two

(d) All four

Answer: b

Explanation:

The Supreme Court (SC) of India, in a landmark ruling, has declared the “right against the adverse effects of climate change” as a distinct fundamental right recognised by Articles 14 (right to equality) and 21 (right to life) in the Constitution.
The Apex Court passed its judgment in a case titled M K Ranjitsinh & Ors versus Union of India & Ors regarding the protection of two critically endangered bird species on the IUCN Red List – the great Indian bustard (GIB) and the lesser florican.

- - Both are scheduled species listed under Schedule I of the Wild Life (Protection) Act, 1972.

Therefore, option (b) is the correct answer.

Relevance: The Supreme Court (SC) of India has declared the “right against the adverse effects of climate change” as a distinct fundamental right in the Constitution.

Subject: Current Affairs | Polity and Governance

Tags: Factual | Easy Difficulty

Mains Answer Writing Practice

Topic: Polity and Governance (GS Mains Paper 2)

Topic: Environment and Ecology (GS Mains Paper 3)

Q.1 With reference to the Supreme Court’s judgment in the M K Ranjitsinh & Ors versus Union of India & Ors case, describe the rationale behind extending the ambit of fundamental rights to include protection from climate change adverse effects. (Answer in 250 words)

Q.2 Highlight the interconnection between climate change and various human rights, including the right to health, indigenous rights, gender equality, and the right to development. (Answer in 250 words)

Q.3 Without a clean environment which is stable and unimpacted by the vagaries of climate change, the right to life is not fully realised. Comment. (Answer in 250 words)

Q.4 Give a brief description of the rights and other provisions enshrined in the Indian Constitution pertaining to environmental protection. (Answer in 250 word