1st July 2024 (11 Topics)
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Court on Climate Rights and How India Can Enforce It
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Context
The recent judgment in M.K. Ranjitsinh and Ors. vs Union of India & Ors. by the Supreme Court of India has introduced a significant development in India's climate change jurisprudence. The court recognized a constitutional right to be free from the adverse effects of climate change, linking it to the right to life and the right to equality. This judgment has significant implications for climate governance in India.
A New Right Around Climate:
- Introduction to the Issue: The Supreme Court identified a constitutional right to be free from the adverse effects of climate change, linking it to Article 21 (right to life) and Article 14 (right to equality). This opens up possibilities for climate litigation.
- Debate over Climate Adaptation and Mitigation: While the judgment prioritizes renewable energy development, it raises questions about balancing large-scale clean energy projects with local environmental resilience and climate adaptation.
- Potential for Climate Litigation: Empowering citizens to demand protection of this newly recognized right could lead to an increase in climate-related litigation, requiring systematic governance around climate change.
Global Climate Governance and Policy Implications:
- Learning from International Experience: The judgment underscores the need for overarching climate legislation in India, drawing on international examples of framework laws that guide climate action.
- Importance of Tailoring to Indian Context: Climate legislation in India should not merely replicate international models but be adapted to address India's unique vulnerabilities and development needs, focusing on both low-carbon and climate-resilient development.
- Sectoral Integration: Effective climate legislation should integrate climate considerations across various sectors, including urban planning, agriculture, water management, and energy, ensuring a comprehensive approach to climate resilience.
Challenges of Implementation and Ensuring Inclusivity:
- Procedural Orientation: An enabling climate law would establish institutions, processes, and standards for mainstreaming climate change across diverse ministries and society, supporting transparency, public participation, and expert consultation.
- Federalism and Decentralization: Climate legislation must balance national coherence with sufficient decentralization to empower state and local governments, providing them with the necessary resources and authority to implement climate action.
- Inclusive Participation: Engaging business, civil society, and frontline communities in decision-making processes ensures that diverse knowledge and perspectives are incorporated, enhancing the effectiveness of climate policies.
UPSC Mains Questions:
Q. Discuss the implications of the Supreme Court's judgment in M.K. Ranjitsinh and Ors. vs Union of India & Ors. on India's climate change jurisprudence. How does it redefine the right to life and the right to equality in the context of climate change?
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