Citing Articles 14 (equality before law and the equal protection of laws) and 21 (right to life and personal liberty) of the Indian Constitution as the sources, The Supreme Court of India ruled that people have a right ‘to be free from the adverse impacts of climate change’.
A similar watershed moment happened when in a landmark decision, the European Court of Human Rights found the Government of Switzerland guilty of breaching the rights of a group of women senior citizens of a Swiss civil society group called Klima Seniorinnen, observing that the government’s endeavours to curb emissions were insufficient and had failed to safeguard women against the impacts of climate change.
The UN Secretary General António Guterres’s message on International Mother Earth Day 2024 accentuates the grim situation, ‘Humanity is acting like Mother Earth’s delinquent child. We depend on nature yet, we have brought chaos to the natural world. These actions harm nature, and they harm humanity. Together, we must restore harmony with nature’.
That most climate change parameters attained record levels in 2023 is disclosed by the latest State of the Global Climate Report by the World Meteorological Organization. It recorded 2023 to be the hottest year. Ocean heat, sea level rise, Antarctic Sea ice loss and glacier retreat broke records.
Rapid strides have been made in decoupling emissions from economic growth by India. By reducing the emissions intensity of its GDP by 33% to 35% from 2005 level, and achieving 40% cumulative electric power installed capacity from non-fossil fuel sources, well ahead of the target year of 2030, India has already achieved two of its Nationally Determined Contribution (NDC) targets.
However, India remains highly susceptible to climate change. More than 80% of its population dwells in districts at risk of climate-induced disasters. Soaring temperatures and natural disasters are bringing about major crises impacting livelihoods and food security, and aggravating prevailing socio-economic inequalities. Viewing these repercussions of climate change from a rights perspective, impacting humanity’s right to health, life, liberty and much more, the court’s verdict sets a consequential precedent. It paves the way for legal accountability of climate action by bringing the impacts of climate change within the purview of constitutional fundamental rights.
The observation provides several points of departure with the potential to expedite climate action.
The adoption of an overarching regulation on climate change which takes forward the policy-driven approach of climate action in India couched in the National and State Action Plans on Climate Change could be the first such point of departure.
A report by the London School of Economics and Political Science analysed climate change framework laws across 60 countries.
Augmented public sector staffing and competence to deliver climate action, including a considerable expansion in public sector resourcing are the outcomes of these laws. Despite India having multiple laws and regulations regarding addressing climate change, a framework law can aid bolster climate governance by creating efficient institutional infrastructure and processes, enabling more ambitious climate action.
18 are categorized as moderately to highly vulnerable to climate change out of all the States and Union Territories in the country. A conference can build coherence in policies and actions between States and Union Territories.
Leveraging the court’s observation to authorize citizen groups and civil society organisations in nurturing a rights-based dialogue on environment, biodiversity and climate action is the first pathway. It can foster consensus on overcoming potential tensions between climate alleviation and action within the purview of environmental policy.
This is reflected in the Supreme Court’s cognizance, which came in the backdrop of expanding solar energy parks to fulfil the nation’s renewable energy targets with balancing conservation of the haven of the Great Indian Bustard, a severely endangered bird species. While observing that wildlife conservation must not come at the expense of citizens’ right to be safeguarded from global warming, for which amplifying renewable energy capacity is indispensable, the Court accentuated more dialogues to arrive at a holistic solution.
India’s localisation model for the Sustainable Development Goals (SDGs) has successfully interwoven the SDGs into local-level planning through multi-tiered and multi-stakeholder processes. Ownership is taken by States and territories by building their own SDG road maps and surveillance systems, and amicable competition among them stimulate innovation and accelerated advancement. Competence of local governments is built to ensure effective execution. Broader involvement from businesses, non-governmental organisations, and citizens is encouraged by this model.
Inter-ministerial and inter-sectoral approaches can be created by the third pathway. 13 Ministries and departments in the domains of health, environment, science and technology for disease control, research, and pandemic preparedness have been brought together by The One Health initiative. This approach must be expanded to the private sector on amalgamating a rights-based approach to climate action in their core operations.
While hearing a case on altering the categorisation of forest land in 2022, the Madras High Court in Tamil Nadu, designated ‘Mother Nature’ a living being’, granting it the status of a legal person with all corresponding rights, duties and liabilities, in order to preserve and conserve it.
The notion of ‘Mother’ Earth has been ingrained in India’s culture and traditions for centuries.
Using these verdicts and observations, we must restore Mother Earth’s right to good health, and safeguard the right of people to a future devoid of the repercussions of climate change.
Dr. Ravi Prakash Tiwari is the author of Pun Is Fun.
