The Supreme Court of India, invoking Articles 14 and 21 of the Constitution — which guarantee equality before the law and the right to life and personal liberty — has affirmed that individuals possess the right to be shielded from the detrimental effects of climate change.
In a landmark ruling, the European Court of Human Rights determined that the Swiss government violated the rights of a group of senior women from the civil society organisation Klima Seniorinnen. The court observed that the government’s efforts to reduce emissions were inadequate and failed to protect these women from the effects of climate change.
In his message for International Mother Earth Day 2024, UN Secretary-General António Guterres highlighted the dire state of the planet, stating, “Humanity behaves like a wayward child toward Mother Earth. While we rely on nature, we’ve caused havoc in the natural world. These actions damage both nature and humanity. It’s imperative that we unite to restore harmony with nature.”
The World Meteorological Organisation’s latest State of the Global Climate Report reveals that many climate change indicators reached unprecedented levels in 2023. The year was recorded as the hottest on record, with ocean heat, sea level rise, Antarctic sea ice loss, and glacier retreat all breaking previous records.
India has made significant progress in separating emissions from economic growth. It has reduced the emissions intensity of its GDP by 33 per cent to 35 per cent from 2005 levels and reached 40 per cent of its cumulative electric power installed capacity from non-fossil fuel sources well before the 2030 target. In doing so, India has successfully met two of its Nationally Determined Contribution (NDC) targets.
Despite significant progress, India remains extremely vulnerable to climate change, with over 80 per cent of its population living in districts prone to climate-induced disasters. Rising temperatures and natural disasters are causing severe crises, affecting livelihoods, food security, and exacerbating existing socio-economic inequalities.
From a rights-based perspective, these climate change repercussions infringe on humanity’s rights to health, life, and liberty. The court’s ruling, therefore, sets an important precedent by holding climate actions legally accountable and incorporating the impacts of climate change within the scope of constitutional fundamental rights.
The observation offers several starting points that could accelerate climate action. Implementing comprehensive climate change regulation that builds upon India’s policy-driven approach, as outlined in the National and State Action Plans on Climate Change, represents a crucial initial step forward.
A study conducted by the London School of Economics and Political Science examined climate change legislation in 60 countries worldwide. These laws have resulted in increased staffing and expertise within the public sector to implement climate action, accompanied by significant expansions in public sector resources.
While India already possesses various laws and regulations aimed at addressing climate change, a framework law could enhance climate governance by establishing effective institutional structures and procedures, facilitating more ambitious climate actions.
Out of all the states and Union Territories in the country, 18 are classified as moderately to highly vulnerable to climate change. A conference could foster alignment in policies and actions among these regions. Using the court’s observation to empower citizen groups and civil society organisations to promote a rights-based discourse on environment, biodiversity, and climate action represents the initial pathway. This approach can facilitate agreement on resolving potential conflicts between climate mitigation and environmental policy actions.
The Supreme Court’s awareness arose amidst the expansion of solar energy parks aimed at meeting India’s renewable energy goals while ensuring the preservation of the habitat of the critically endangered Great Indian Bustard. Emphasising that wildlife conservation should not compromise citizens’ right to protection from global warming, which necessitates expanding renewable energy capacity, the Court stressed the need for further discussions to achieve a comprehensive solution.
India’s approach to localising the Sustainable Development Goals (SDGs) has effectively integrated them into local planning through collaborative efforts involving multiple tiers and stakeholders. States and territories have taken ownership by developing their own SDG roadmaps and monitoring systems, fostering friendly competition that drives innovation and rapid progress. Local governments are empowered to ensure efficient implementation, while the model also encourages increased participation from businesses, NGOs, and citizens.
The third pathway involves establishing inter-ministerial and inter-sectoral collaborations. The One Health initiative has already unified 13 Ministries and departments from health, environment, science, and technology to enhance disease control, research, and pandemic preparedness. To further this approach, integrating a rights-based approach to climate action into their core operations is crucial for extending these efforts to the private sector.
In 2022, during a case concerning the reclassification of forest land, the Madras High Court in Tamil Nadu recognised ‘Mother Nature’ as a living entity. This landmark decision bestowed upon nature the status of a legal person, entailing rights, responsibilities, and liabilities aimed at its preservation and conservation. With these judgments and insights, it is imperative to uphold Mother Earth’s right to well-being and ensure people’s right to a future free from the impacts of climate change.
(The writer can be reached at dipakkurmiglpltd@gmail.com)
