The court has empowered citizens to hold the government and private actors accountable by embedding climate justice within the constitutional rights to life and equality
In a landmark decision, the Supreme Court of India has recognised the fundamental right to be free from the adverse effects of climate change. This ground-breaking ruling anchor climate justice within the constitutional rights to life and equality, marking a pivotal moment for India and the global fight against climate change. By holding the government accountable and aligning with similar rulings worldwide, the court has taken a significant step towards mainstreaming the climate crisis.
Redefining the Right to Life
Article 21 of the Indian Constitution declares, "No person shall be deprived of his life or personal liberty except according to procedure established by law." The Supreme Court's interpretation of this article now includes the right to an environment untainted by the ravages of climate change. The court highlighted the severe impacts of climate change, from air and water pollution to natural disasters and food shortages. This decision firmly establishes that the right to life encompasses the right to a stable and healthy environment. This perspective mirrors the European Court of Human Rights' recent ruling against the Swiss government for insufficient climate action, emphasising the global recognition of environmental sustainability as a human right and the shared responsibility we all have in protecting it.
Addressing Disproportionate Impacts
The court's ruling also acknowledges that climate change disproportionately affects marginalised and vulnerable communities. This emphasis on climate justice underscores the need for a 'just transition' away from fossil fuels. A just transition ensures that economic shifts towards sustainability do not leave behind those most affected by the transition. This approach prioritises equity and fairness, aligning with the global trend of rights-based climate litigation. This trend, seen in various countries, empowers individuals and groups to hold the state and private actors accountable for their contributions to the climate crisis.
Empowering Climate Litigation
By recognising climate change as a fundamental right, the court has not only opened the doors for citizens to seek judicial remedies against government inaction or corporate irresponsibility regarding climate change, but it has also empowered them to do so. This development empowers individuals and groups to hold the state and private actors accountable for their contributions to the climate crisis. The role of citizens in climate litigation is crucial, allowing them to shape climate policies and enforce accountability actively. Given India's vulnerability to the impacts of global warming, this potential for increased climate litigation is particularly significant, empowering the public to demand meaningful action.
Reaffirming International Commitments
The ruling not only underscores the government's responsibility to uphold its international climate commitments, such as those under the Paris Agreement but also links the right to life with effective climate action. By aligning domestic laws with international obligations, the court reinforces that the government's failure to meet global commitments has dire consequences for its citizens. This alignment sends a strong message that the judiciary is willing to hold the executive accountable for its climate policies, reassuring the public about the government's commitment to global climate justice.
Challenges and Future Impact
While the ruling is a monumental step, the court acknowledged that addressing climate change effectively requires concerted efforts from all stakeholders, including the private sector, civil society, and individuals. The implementation of this ruling remains to be seen, but it serves as a call to action, reminding everyone of their crucial role in the fight against climate change. For meaningful change, the masses must be involved, and this ruling nudges them to fight for their fundamental right.
The expected impact of this ruling is profound. The court has empowered citizens to hold the government and private actors accountable by embedding climate justice within the constitutional rights to life and equality. This could catalyse a broader societal and political discourse on climate change in India, pushing for more robust climate legislation and policies. Internationally, the ruling has been welcomed by environmentalists and human rights advocates as a significant step towards global climate justice.
The effective implementation of this ruling and the court's ability to balance competing interests will be crucial in determining its long-term impact. Nonetheless, this judgement stands as a testament to the judiciary's proactive role in addressing the climate crisis and safeguarding fundamental rights. The question now is, what will we, as individuals, do to preserve our fundamental right to be free from the adverse effects of climate change? This ruling not only empowers us but also challenges us to act, reinforcing that small, consistent actions can lead to substantial transformations.
(Tanya Singhal is the Founder of Mynzo Carbon & SolarArise.)