Introduction
Climate change litigation is gaining traction globally, and India is no exception. With increasing awareness of climate change impacts, individuals, communities, and NGOs are turning to courts to address environmental harms and compel government action.
Legal Framework for Climate Change in India
India has a robust environmental legal framework, with the Constitution, the Environment (Protection) Act of 1986, the National Green Tribunal Act of 2010, and other legislation providing a foundation for climate change litigation. These laws empower the government to protect the environment, regulate emissions, and address pollution. Furthermore, India actively participates in international agreements like the Paris Agreement, demonstrating its commitment to climate action.
Key Legal Arguments and Trends
Constitutional Provisions: Articles 21 (right to life), 48A (environmental protection), and 51A(g) (citizen's duty to protect the environment) are frequently invoked. In M.K. Ranjitsinh and Others v. Union of India, the Supreme Court recognized the right to be free from climate change impacts as an extension of the right to life.
Environmental Laws: Existing laws like the Environment (Protection) Act and the Forest (Conservation) Act are used to address climate-related issues. For example, in Ridhima Pandey v. Union of India, a nine-year-old petitioner argued that government inaction violated these laws.
Common Law Principles: Principles like public nuisance and negligence are often cited to argue that climate change impacts constitute harm.
International Law: Principles like sustainable development, the precautionary principle, and the polluter pays principle are increasingly incorporated.
Landmark Cases
Examining climate change litigation in other countries provides valuable insights. For instance, Ashgar Leghari v. Federation of Pakistan set a precedent for human rights-based litigation, where a farmer successfully sued the government for inaction on climate change. Landmark cases like M.C. Mehta v. Union of India (Oleum Gas Leak case) and Vellore Citizens' Welfare Forum v. Union of India have significantly shaped environmental jurisprudence and influenced climate change litigation. The Oleum Gas Leak case established the principle of absolute liability, holding industries responsible for any harm caused by their operations, regardless of negligence . This case led to stricter regulations and safety measures for hazardous industries, setting a precedent for holding corporations accountable for environmental damage. The Vellore Citizens' Welfare Forum case highlighted the importance of sustainable development and the "polluter pays" principle, emphasizing that industries must internalize the costs of environmental damage . This led to the establishment of stricter pollution control norms and greater accountability for industries polluting water resources. These landmark cases, along with others like Rural Litigation and Entitlement Kendra v. State of U.P. which established the principle that environmental conservation should be prioritized over short-term economic gains, especially in ecologically sensitive areas, have contributed to a growing body of legal precedent that recognizes the importance of environmental protection and sustainable development. These cases have influenced climate change litigation by providing a strong legal foundation for holding the government and corporations accountable for their actions and promoting proactive measures to mitigate climate change impacts
Climate change litigation in India is still evolving, but it has significantly contributed to raising awareness and promoting accountability. As climate change impacts intensify, litigation will likely play a crucial role in addressing this global challenge. By fostering collaboration and strengthening legal frameworks, India can contribute to the global fight against climate change and ensure a sustainable future.
Disclaimer:
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