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Climate crisis impacts citizens’ right to life: SC

Published: 11th Apr, 2024

Context

The landmark judgment by the Supreme Court of India sheds light on the critical intersection between climate change and human rights. It emphasizes the constitutional guarantee of the right to life and the imperative for India to prioritize clean energy initiatives, particularly solar power, to mitigate the adverse effects of the climate crisis.

1: Dimension- Constitutional Right to Life and Health:
  • The Supreme Court underscores the impact of climate change on the fundamental right to life, stating that without a clean and stable environment, this right cannot be fully realized.
  • Factors such as air pollution, rising temperatures, and natural disasters like floods and droughts directly affect citizens' health and well-being. The judgment highlights the need for citizens to be free from the adverse effects of climate change to uphold their constitutional rights.
  • Case Study: The judgment references the petition to protect the critically endangered Great Indian Bustard (GIB), illustrating the tangible impact of climate change on wildlife conservation efforts.
2: Dimension- Impact on Tribal Rights and Equality
  • Climate change disproportionately affects indigenous communities, threatening their lands, forests, and cultural heritage.
  • The court acknowledges that the destruction of tribal lands and displacement from their homes can impact the constitutional guarantee of the right to equality.
  • Case Study: The court discusses the plight of tribals in the Andaman and Nicobar Islands, highlighting how their relationship with nature is intertwined with their cultural and religious practices.
    • The right to health (which is a part of the right to life under Article 21) is impacted due to factors such as air pollution, shifts in vector-borne diseases, rising temperatures, droughts, shortages in food supplies due to crop failure, storms and flooding.
    • The inability of underserved communities to adapt to climate change or cope with its effects violates the right to life (Article 21) as well as the right to equality (Article 14).
3: Dimension- Unequal Energy Access
  • Despite the potential of clean energy initiatives to address energy inequality, challenges remain in terms of infrastructure, financing, and policy frameworks. Women spend an average of 1.4 hours a day collecting firewood and an average four hours cooking.
    • Unequal energy access disproportionately affects women and girls due to their gender roles and responsibilities such as through time spent on domestic chores and unpaid care work.
  • Case Study: The success of initiatives like the Pradhan Mantri Sahaj Bijli Har Ghar Yojana (Saubhagya) in electrifying rural households demonstrates the effectiveness of targeted policies in expanding energy access to marginalized communities.

Fact Box:

India’s Renewable Energy

  • India’s goal to achieve 500 GW of non-fossil-based electricity generation capacity by 2030 aligns with its efforts to be net zero by 2070.
  • In 2023-24, out of the total generation capacity of 9,943 MW added, 8,269 was from non-fossil fuel sources.
  • According to the Renewable Energy Statistics 2023, India has the 4th largest installed capacity of renewables.

Great Indian Bustard

  • The GIB is listed as critically endangered by the International Union for Conservation of Nature.
  • They are protected under the Wildlife (Protection) Act, 1972.

Constitutional Provisions recognising Environmental rights

  • Article 48A of the Constitution provides that the State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.
  • Clause (g) of Article 51A stipulates that it shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.
  • Article 21 recognises the right to life and personal liberty while Article 14 indicates that all persons shall have equality before law and the equal protection of laws. These Articles are important sources of the right to a clean environment and the right against the adverse effects of climate change

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