In a recent Supreme Court decision in the case MK Ranjitsinh & Ors. v. Union of India & Ors, a voice was raised throughout India, opening the door for people to come under the Fundamental Right umbrella against the adverse effects of climate change. While the SC recognizes the need for protection from rapid changes in climate, the question remains whether we have proper laws in place to handle climate change litigation.
The path of India’s bolts the right to life and climate justice primarily begins with the sacrifice bird known as the Great Indian Bustard (Ardeotis nigriceps), which is the state bird of Rajasthan. The Great Indian Bustard is an important bird that represents the health of India’s grassland ecosystems. This means that if the GIB is doing well, the grasslands where it lives are in good condition. However, the fundamental concern in Case MK Ranjitsinh & Ors v. Union of India & Ors is that the habitat of the Great Indian Bustard is being disturbed due to a high voltage line overhead, resulting in extinction. Only 140 are living, according to Radheshyam Bishnoi, a wildlife conservationist. These birds were once abundant in 12 states but are now extinct in 90% of their previous habitat and confined to three small areas (Rajasthan, Grassland area of Kutch, and Trijunction of Maharashtra, Karnataka, and Andhra Pradesh). GIB is over a meter tall, with weak frontal vision and a proclivity to survey the ground while flying, making them even more vulnerable to collision. This poor bird fighting for its life from people, which was once in a race of national bird and now struggling for existence. The next time another animal will sacrifice next time another and so on and the time comes where climate want our sacrifice.[1]
Many animals are dying as a result of our technological advancements and comfort, which will eventually lead to a truly devastating and frightening climate change.”Climate change is here and it is killing us, Climate change is real and we will extinct soon!”.[2] The Supreme Court decision is a warning call to the government and every citizen of India to start safeguarding the climate, which is feasible with certain tough laws.
In the judgment MK Ranjitsinh & Ors.v. Union of India & Ors, the major thing that came in the eyes of everyone was Article 21 a right against adverse climate change, but mainly the case was filed in concern of Great Indian Bustard habitat that their habitat is being affected because of high voltage lines, and SC in his previous judgment related to this case in 2021 gave order of laying this high voltage line through underground, but this company again requested in 2024 to modify the judgement In the 2024 judgment, the Supreme Court agreed to amend since it is not feasible to lay high voltage wire underground but there are many precedent where electric line are laying underground it’s just its cost three times more.
Beginning with ‘seashore and smoke nuisance, fisheries, factories, elephants and birds’ acts brought before India’s freedom and independent India continuing with ‘environmental policies, atomic energy, motor vehicles, water, air, wildlife, forest, environment appellate authority, environment and green tribunals, environment impact assessment, biodiversity Laws along with eight National Missions, institutions and a MoEF & CC, India has as many diverse laws as needed to protect the environment and mitigate Climate Change but young law enthusiasts warn us that none of those Acts and Laws indicates and mentions the words ‘climate change’.
We certainly hear some scientific whispers, as if not to disturb the officialdom, ‘Climate is an essential part of the environment, isn’t it?’; but the babus wake up and flaunt and wave the umpteen number of ratified international conventions and bilateral, tripartite, and multilateral agreements, to remind us of ‘Vienna Convention, Nairobi Convention, Brundtland Report, Montreal and Madrid Protocols, UNFCCC, CBD, Rio Declaration, UNCCD, Kyoto Protocol, and many more Convention. The majority of them are Soft Acts, while others are Hard Acts due to the strength of their legal bearing on nations.
All of these ratifications and legal responsibilities provide environmental sustainability and protection, as well as effective climate change mitigation, don’t they? the babus inquired. No, since Soft Acts are excessively soft and Hard Acts are insufficiently hard. Knowledgeable pundits claim, “Over the previous four decades, our judiciary has demonstrated tremendous tenacity by issuing landmark decisions that scrupulously protect the environment. With all of these rules and experiences, can we properly confront the approaching carbon catastrophe and its consequences? No, we cannot.
We must control and regulate GHG emissions, estimate the Social Cost of Carbon, implement emission trading schemes, innovate in Carbon Pricing, Accounting, and Offsetting, provide for Climate Financing, Sustainability reporting, PAT, and NDC, and demonstrate our shared but differentiated responsibility to the rest of the world and future generations.
“According to the United Nations, climate change is a long-term shift in temperature and weather patterns. Human actions, particularly the use of fossil fuels such as coal, oil, and gas, have been the primary driver of climate change”.[3] So, since we are the primary cause of climate change, let us take a different approach in order to protect our environment, animals, and humans while also providing a better climate for future generations to breathe in. All of this begins with enacting particular climate laws that translate international commitments into local action, with each person following a legal framework set by multiple countries. India has ambitious target to fulfil but lacks legal framework we need a specific Law where every citizen has to listen and do what needed to protect our climate.
India needs stringent law, specific law dealing with climate change where Judiciary can Really Protect citizens fundamental right against Adverse climate Change. India does not have any climate legislation at either Federal or State Level and several environmental and sectoral legislation are often interpreted to implement specific law for climate. Air (Prevention and control of pollution) act 1981, Environment protection act 1986 , Energy Conservation amendment act 2022, Electricity amendment act 2023 all these law are relevant to climate issues but they are not covering every aspect of climate change they lack many of it may not be sufficient to drive India to fulfil their commitment and one more addition in this commitment of protecting citizens life with adverse effect of climate change now India needs to show additional extra teeth through a legal framework and suitable law. One of the ways to do it could be to combine Air, water and environment protection acts under one umbrella climate/Environment law which include both mitigating and adaptation. Existing law is not enough to deal the same need to be followed up with institutions including redefining existing one like the National Green Tribunal, pollution control Boards, and state climate cells, rules and procedures, penalties and incentives for economic agents including sub sovereign States.
The Court’s directives for successful and measurable climate action would require strong political will, sound institutional frameworks, and continual public participation. To fully realize the right to a healthy environment, climate policy must be coordinated at multiple levels of government (central, state, and local), as well as adequate financial and technological resources for implementation.
The new right under Article 21 cannot be utilized immediately by citizens; such rights are exercised only after policies are formulated and legislation is adopted. One major effect of this decision is that Parliament will now take attention of these issues and create some policies and laws linked to climate. SC step off evaluating article 21 in climate perspective is an important step that compel us again to talk about climate. SC step motivates everyone policy makers, citizens to honestly acknowledge the critical necessity of protection to our climate, which ultimately leads to protection of us.
Every activist, journalist, environmentalist, and climate campaigner are crying for help to fight climate change, and it is not something that one person or hundred people can do alone; the entire world must work together. Countries such as Sweden, the United Kingdom, New Zealand, and France have implemented climate change legislation, but India has not. [4]
Unregulated Climate Change mitigation and adaptation activities, no matter how earnest, will inevitably spiral out of control. It is past time for India to pass an all-inclusive Climate Change Law. India must consolidate and assemble all of the various rules and codes relating to the environment and its aspects under “Indian Environmental Law,” as well as implement all new regulations and restrictions to mitigate and resolve climate change catastrophes under “Indian Climate Change Law”. Using these powerful actions, India can effectively remind its inhabitants of their responsibility to maintain, repair, and manage their natural environment, while also conveniently and deftly regulating its massive carbon-contributing corporations and industries.[5]
By making Constitutional Courts an avenue for citizens to litigate these issues in the future, citizens can now go directly to the High Court and Supreme Court if their fundamental rights related to climate change are violated. This means that there will be more cases involving climate change, and more people will come to court for help because it is now covered by Article 21, the heart of the constitution. Do we have well-organized laws that will guide everyone fairly? No, a big clear NO, we don’t have any specific law related to climate change and now, after a long wait, finally a good step by the Supreme Court a judgement concerning both citizens and climate has come, so now it’s time for law makers to make specific law a stringent law to help the judiciary to provide better way of protection as our judiciary has been handling climate litigation for the past four decades, but now time has arrived to gift a specific law to climate, to us, and to our future.
[1] Ameya Kelkar (2024,9 may). The Indian Supreme courts landmark judgement on climate change: Implication going forward. Centre For Land Warfare Studies. Accessed 20/06/2024
[2] Shanmuga Sundara Bharathi (2022,24 februrary). Does India need an exclusive climate change law? Social storyAccessed8/06/2024
Does India need an exclusive Climate Change Law? | YourStory
[3] United Nation, What is climate change, Accessed (24/06/2024)
[4] Shanmuga Sundara Bharathi (2022,24 februrary). Does India need an exclusive climate change law? Social storyAccessed8/06/2024
Does India need an exclusive Climate Change Law? | YourStory
[5] Dhruba Purayastha and Anandita Sikka (2024,19 march). Developing a legal and regulatory framework for law carbon transition of Indian economy on the path to net zero, climate policy initiative.05/-6/2024.
Author: Soumya Singh
Juris Centre 