Climate Right

Source: The Hindu

Disclaimer: Copyright infringement not intended.

Context

• Recently the SC recognized a constitutional right to be free from the adverse effects of climate change.
• The Ranjitsinh judgment extends discussions on the need for systematic climate governance and potential legislation.

Details

Key Points

• Judgment Overview:
  • Supreme Court's judgment in K. Ranjitsinh and Ors. vs Union of India & Ors. introduces the right to be free from climate change's adverse effects which was embedded in the right to life (Article 21) and equality (Article 14).
• Background:
  • Whether electricity transmission lines could be built through the habitat of the critically endangered Great Indian Bustard, the apex court has prioritized renewable energy infrastructure to address climate change.
• New constitutional right against adverse climate change impacts, potentially leading to climate litigation and citizen demands for government protection.
• Judicial Approach vs. Legislation:
  • Judicial decisions may create an incomplete patchwork of protections while comprehensive climate legislation could offer a more systematic approach.
• Legislation Benefits:
  • Framework legislation can set visions, create institutions, enable adaptation measures, protect ecosystems and integrate social equity in climate action.
• Indian Context:
  • New Legislation must be customized to India by emphasizing both low-carbon and climate-resilient development, unlikely the UK's carbon-focused regulatory laws.
• An enabling law should create institutions, processes and standards for integrating climate change considerations across sectors, promoting public participation and expert consultation.
• The law must balance national coherence with state and local empowerment by providing information and finance for effective climate action.
• Legislation should enable contributions from businesses, civil society and communities thereby ensuring diverse knowledge informs climate resilience and energy transition efforts.

Sources:

The Hindu