Supreme Court Recognizes Right Against Adverse Effects of Climate Change

In a significant judgment released recently, the Supreme Court of India recognized the right against adverse effects of climate change as a fundamental right within the ambit of Articles 14 (right to equality) and 21 (right to life) of the Indian Constitution.

Recent Context

The Supreme Court’s observation came while delivering a judgment in a case related to the protection of endangered bird species, the Great Indian Bustard and the Lesser Florican, in Gujarat and Rajasthan. The case dealt with the impact of overhead power transmission lines on the habitats and flight paths of these birds.

Right Against Climate Change as a Fundamental Right

The Supreme Court stated that the right against the adverse effects of climate change, although not explicitly articulated, is inherently linked to the right to a clean environment, which is recognized as a fundamental right under Articles 14 and 21 of the Constitution. The court emphasized that as the impact of climate change intensifies year by year, it becomes necessary to recognize this right distinctly.

Impact on Various Human Rights

The court highlighted the interconnection between climate change and various human rights, including:

• Right to health: Climate change affects health through factors such as air pollution, shifts in vector-borne diseases, rising temperatures, droughts, food shortages, storms, and flooding.
• Right to equality: The inability of underserved communities to adapt to or cope with the effects of climate change violates the right to life and equality.
• Indigenous rights, gender equality, and the right to development are also impacted by climate change.

Climate Change and Environmental Degradation

The judgment noted that violations of the right to a healthy environment due to climate change can have ramifications across numerous rights domains, such as the right to life, personal integrity, health, water, housing, and procedural rights like information, expression, association, and participation.

Importance of Solar Power

The court underscored the crucial role solar power will play in mitigating the adverse effects of climate change. However, it also acknowledged the need to balance conservation efforts with the pressing global challenge of addressing climate change.

Month: Current Affairs - April, 2024

Category: Legal & Constitution Current Affairs