The article is written by Susmita Kundu. The article provides a detailed analysis of Environmental Law and India’s Judicial approach toward climate change by analyzing the landmark judgment of the Supreme Court of India.
India is currently facing a severe heatwave in 2024, a situation that is becoming more frequent and intense. Temperatures have been soaring, with some regions experiencing scorching highs of 47°C[1]. This year’s heatwave has had a more significant impact on the population compared to the previous year, which was already the warmest on record. The India Meteorological Department has predicted a high number of heatwave days from April to June this year. If we delve into the root cause of the current intense heat waves in India, the primary factor that emerges is Climate Change.
Today, India is facing numerous challenges caused by climate change, affecting various aspects such as the environment, agriculture, food security, water stress, biodiversity loss, public health, and the well-being of its people. Climate change is not just an environmental issue but a critical crisis that demands immediate attention. This leads us to the crucial connection between Climate Change and Environmental Law. Nowadays, the interaction between climate change and environmental law in India is becoming increasingly important as the legal system strives to protect not only the environment but also the people from the harmful effects of climate change.
The main emphasis of this article is on how climate change affects Indian environmental law and the key provisions under the law concerning this matter.
Reasons Behind the Climate Change and Its Effects
The primary causes of climate change are a variety of actions that have the potential to impact the environment negatively. For example, the industrial industry contributes significantly to greenhouse gas emissions, which are a primary cause of climate change. Burning fossil fuels to make a variety of products, including textiles, electronics, plastics, cement, iron, and steel, is the main source of these emissions. Additionally, gases are released during mining, construction, and other industrial processes. Deforestation, changes in land use and agriculture also contribute to a significant percentage of greenhouse gas emissions worldwide. Approximately 12 million hectares of forests are burned each year, and cutting down forests for farming, pastures, or other purposes worsens emissions, ultimately contributing to climate change[2].
Furthermore, activities like power generation, transportation, food production, and powering buildings also have a significant impact on climate change, leading to –
- Rising temperatures,
- Intensified storms,
- Regular droughts,
- Warming and expanding oceans,
- Decline in species,
- Scarcity of food,
- Risks to health, and
- Various significant challenges.
To address these issues, the government of India and its legislature have been implementing necessary measures and introducing various changes to the Indian Environmental Law to enhance its effectiveness and utility.
Major Provisions Under Environmental Law
India has a comprehensive and multifaceted approach to environmental law and climate change policies. The foundation for Indian environmental policymaking is built upon the Constitution of India, judicial principles, and the National Environment Policy, 2006 (NEP).
Article 21[3] of the Indian Constitution ensures the right to a clean and pollution-free environment, further elaborating on the fundamental right to life. The government is also directed by the Constitutional principles(Article 48[4], 48A[5], 49[6]of Directive Principles of State Policy)for the protection and improvement of the environment.
The NEP, which emphasizes the preservation of vital environmental resources, fostering intergenerational equity, incorporating environmental concerns into developmental policies, guaranteeing effective resource utilization, and upholding good governance, was adopted by the Central Government (CG) in accordance with these mandates. Through important verdicts, Indian environmental policy integrates the “polluters-pay” and “precautionary” concepts with sustainable development, public trust, and intra-generational equality. An example of this is when the Supreme Court (SC) introduced the “absolute liability” principle in the Oleum Gas Leak case, making companies responsible for compensation in hazardous activities, irrespective of reasonable care taken[7].
MoEF[8] is entrusted with the task of supervising and executing environmental regulations in India. This responsibility is carried out in collaboration withCPCB[9] and SPCBs[10]. In addition, there are specialized regulatory agencies that concentrate on the protection of forests, clean development mechanisms, biodiversity, and coastal zone management.In order to guarantee adherence to environmental regulations, the National Green Tribunal (NGT) was established in 2010 as a dedicated tribunal to efficiently handle cases pertaining to environmental protection, conservation, and relief.
The resolution of environmental concerns is significantly impacted by the judiciary. Environmental issues have been effectively tackled by the Supreme Court, state High Courts, and the National Green Tribunal. Moreover, the Supreme Court has made it easier for individuals to initiate environmental public interest litigation (PIL) by simplifying the locus standi[11] requirement. As a result, numerous environmental cases have been brought forward, and India’s environmental jurisprudence owes a great deal to these efforts.
How Climate Change Is Impacting Environmental Law
Climate change is having a significant impact on environmental laws worldwide, including in India. The rapid changes in our climate are affecting various aspects of the environment, leading to significant changes in the adoption, modification, and enforcement of Indian Environmental Law which are as follows:
1. Governments are updating their environmental policies to address the challenges posed by climate change. This includes setting stricter emissions standards, promoting the use of renewable energy sources, and encouraging sustainable practices. For instance –
During the United Nations COP 26 in Glasgow, the Prime Minister of India outlined five promises to combat climate change. These initiatives included the targets of achieving 500 gigawatts of non-fossil energy capacity by 2030, reaching net zero emissions by 2070, and obtaining 50% of electricity from renewable sources by the same year[12]. Furthermore, India started ‘One Sun, One World, One Grid‘ (OSOWOG) to harvest solar energy and provide power to underserved areas.
2. New legislation and rules are being implemented to decrease carbon footprints, safeguard biodiversity, and effectively manage natural resources. Furthermore, extensive research has been carried out in multiple sectors, including water resources, agriculture, forests, ecosystems, coastal areas, health, energy, and infrastructure, to assess vulnerability and adaptation to climate change. These studies were conducted as part of India’s Initial National Communication to the United Nations Framework Convention on Climate Change (UNFCCC).
The Ministry of Environment & Forests created the Expert Committee on Impact of Climate Change in June 2007 to assess the implications of climate change on the many previously listed elements. According to the reports of the committee, various policies and programs were implemented to tackle climate change within the framework of sustainable development. The objective of all these initiatives is to reduce the negative effects of climate change and secure a future that is more sustainable.As an example, the Prime Minister unveiled the National Action Plan on Climate Change (NAPCC) on June 30th, 2008. Eight National Missions[13] are included in the plan with the goal of raising public knowledge of climate change, energy efficiency, adaptation and mitigation techniques, and the protection of natural resources are as follows –
- National Solar Mission(launched in January 2010 to establish India as a significant participant in the worldwide solar energy industry and the NSM aimed to accomplish a solar power installation capacity of 20 GW by 2022).
- National Mission for Enhanced Energy Efficiency(implemented in 2011 and a set of four[14] initiatives have been put in place to improve energy efficiency in energy-intensive industries).
- National Mission on Sustainable Habitat(approved by the Prime Minister‘s Council for Climate Change in June 2010).
- National Water Mission(launched in 2011 and has identified five goals[15]).
- National Mission for Sustaining the Himalayan Eco-system(stopping the melting of the Himalayan glaciers and preserving the region’s biodiversity are the main objectives of this endeavor).
- National Mission for a Green India(approved by The Cabinet Committee on Economic Affairs and aims to address climate change through a combination of adaptation and mitigation measures).
- National Mission for Sustainable Agriculture(it has been made operational from the year 2014-15).
- National Mission on Strategic Knowledge for Climate Change (it seeks to create a vibrant, dynamic knowledge system that will provide insightful analysis and assistance to the nation’s efforts in successfully addressing the goal of ecologically sustainable development).
3. Significant action is being taken by nations all around the world to combat climate change. They are supporting international agreements requiring them to reduce their greenhouse gas emissions and prepare for the effects of climate change. In order to solve the issues posed by climate change, international cooperation is essential.
For example, as part of the India-US Climate Clean Energy Agenda 2030[16], India and the US have taken part in CAFMD[17]. This aims to provide both nations with a chance to renew their climate change cooperation while addressing the financial aspects. It is a positive step towards achieving the goals set out in the Paris Agreement.
In reference to the Paris Agreement, it is an international agreement that unites almost 200 nations in a collaborative endeavor to curtail greenhouse gas emissions and tackle climate change. The agreement aims to limit the increase in global temperatures to a value that is substantially less than 2°C, preferably 1.5°C, relative to pre-industrial levels. This is an ambitious goal that necessitates collaborative efforts from all nations. As per the Emission Gap Report by the UN Environment Program, India is the sole major country making progress towards attaining its objectives outlined in the historic Paris climate agreement[18]. This is a commendable achievement and highlights India’s commitment to addressing climate change.
The Union Cabinet gave its assent for India’s enhanced climate pledge to the Paris Agreement in August 2022. This indicates how committed the government is to acting decisively to address climate change. The Indian Prime Minister unveiled a new set of goals for his country at the COP 26 in Glasgow. These goals include increasing the amount of energy produced from non-fossil fuels to 500 gigawatts by 2030, obtaining 50% of energy needs from renewable sources by the same year, reducing the total estimated amount of carbon emissions by one billion tons by that same year, bringing the economy’s carbon intensity down to less than 45%, and achieving net-zero emissions by 2070[19].
4. The increased public awareness of climate change has resulted in a rise in environmental litigation. Courts are frequently called upon to enforce environmental laws and hold governments and corporations accountable for their climate-related commitments. Laws are also being crafted to address climate adaptation, with a focus on areas such as disaster management, coastal protection, and water conservation. These measures aim to enhance resilience and preparedness in the face of climate change impacts.
Indian Judicial Views
The Supreme Court of India’s rulings on climate change and environmental law have sparked a lot of discussion about climate justice in the country. These rulings emphasize the importance of protecting the rights to life, health, food, water, and a clean environment in the face of climate change. The court urges measures that give human rights and climate action equal priority and acknowledges that we all have a shared obligation to act promptly. These three case laws—two of which are recent—offer a more comprehensive view of the relationship between environmental law and climate change.
M K Ranjitsinh &Ors. v. Union of India &Ors.
Date of Judgment: 19th April, 2021
The Supreme Court’s ruling in this case emphasizes the importance of recognizing people’s right to be free from the adverse effects of climate change. This right is protected by Article 14[20] and Article 21[21] of the Constitution of India.
The court’s decision came in response to a petition submitted by M K Ranjitsinh, a conservationist and former government official, who requested legal safeguards for two critically endangered species, namely the lessor Florican and the Great Indian Bustard. The plea further demanded the execution of an emergency action strategy to guarantee the revival and safeguarding of the Great Indian Bustard. This strategy encompasses various steps like the installation of bird diverters, the prohibition of new projects and lease renewals, and the elimination of power lines, wind turbines, and solar panels from crucial habitats[22].
The decision of the Supreme Court is based on previous rulings[23]that acknowledge the importance of having a clean environment and emphasize the responsibility of the government to uphold ecological equilibrium and ensure a hygienic environment. The Court emphasized the importance of promoting solar energy in combating climate change. It also addressed concerns about greenhouse gas emissions and rising sea levels in various international cases. Moreover, the Court issued an interim order restricting the installation of overhead transmission lines in a vast area of 99,000 sq. km. The Court has decreed that in areas with a high concentration of birds, all low-voltage powerlines must be installed underground in the coming years. Additionally, the Court has directed that existing low and high-voltage powerlines in priority zones should be transformed into underground lines. Furthermore, the Court ordered the installation of bird diverters to protect endangered species, showing its commitment to conservation over solar power generation[24]. By acknowledging the right against climate change, this ruling compels states to prioritize environmental protection and sustainable development.
NGT vs. Assam Government (Tree Cutting Case)
Next Hearing: 24th July, 2024
The case between the National Green Tribunal (NGT) and the Assam Government concerns the cutting of thousands of trees for the expansion of a four-lane National Highway from Guwahati to Goalpara. The NGT has raised concerns about whether the Assam government is withholding evidence in this case. The tribunal has questioned the lack of complete information in the government’s affidavit, especially regarding the best practices and technology used for tree transplantation instead of cutting during infrastructure projects. The NGT has also requested details from the chief secretary of Assam about the permissions granted for extensive construction within forest land, which could potentially violate the Forest (Conservation) Act, 1980.
Additionally, the Supreme Court has put a stop to the Assam Greenfield airport project after overturning an NGT order, which was seen as a victory for environmentalists and local tea garden workers. The NGT’s examination of the Assam government’s actions highlights the ongoing conflict between development projects and environmental conservation, emphasizing the importance of transparency and compliance with environmental laws[25].
Vellore Citizens Welfare Forum v. Union of India
Date of Judgment: 28th August, 1996
This case is a significant legal milestone in India concerning environmental protection. It all started with a Public Interest Litigation (PIL) filed by the Vellore Citizens Welfare Forum (the petitioner) in the Supreme Court of India. This case delved into the intricate relationship between the environment and development.
The petitioner conveyed concerns about the untreated waste from Tamil Nadu’s tanneries and other industries polluting the River Palar. The demands of the local community for drinking and bathing water are largely met by River Palar. The court acknowledged that these tanneries pose health and environmental dangers, even in spite of the economic benefits they provide. The tannery area’s vast agricultural land has been made unproductive by chemical contamination, affecting both the quality of the soil and the groundwater, according to a study conducted by the Tamil Nadu Agricultural University Research Centre.
In this instance, the Supreme Court has instructed the Central Government to establish an authority in accordance with Section 3(3)[26] of the Environment Protection Act, 1986 which mandates the application of both the precautionary principle and the polluter pays principle. It has been affirmed by the court that the Total Dissolved Solids (TDS) guidelines established by the Tamil Nadu Pollution Control Board are presently operational and must be followed by all corporations and leather industries in Tamil Nadu. Furthermore, the Madras High Court has been tasked with establishing a dedicated “Green Bench” to oversee environmental issues, including the implementation of the court’s decisions in this specific instance.Furthermore, the court has imposed a pollution fine of Rs. 10,000 on each tannery located in specified areas and has ordered them to pay MC Mehta Rs. 50,000 in legal fees and other expenses, acknowledging his active involvement in the case[27].
Other Judicial Perspectives
Additionally, a number of significant rulings have strengthened the foundation of Indian jurisdictional jurisprudence established in 1986, i.e. M.C Mehta v. UOI[28], M.C. Mehta V. Kamal Nath[29], Virender Gaur v. State of Haryana[30] and, various other judgments where the court ruling highlighted that failing to address climate change would violate both the right to life and the right to equality. For instance, indigenous tribes on Nicobar Island are at risk of losing their homes and culture due to climate change. Unlike urban residents, these tribes rely on the environment for their traditional way of life, including hunting and fishing. Their connection to nature is deeply rooted in their religion and culture, making the potential destruction of their homes and resources devastating. As sea levels rise, the residents of Nicobar Islands will face greater challenges compared to those in Madhya Pradesh, impacting their equality under the constitution.
Conclusion
In summary, this article explores the relationship between environmental law and climate change in India. It highlights the importance of environmental laws in the nation’s policy and legal frameworks, emphasizing the right to a clean environment. The Ministry of Environment, Forest and Climate Change, along with other regulatory bodies, enforces these laws. The establishment of the National Green Tribunal has further strengthened environmental protection. However, India’s approach to climate change litigation has been selective, with the judiciary recognizing its significance. Key judicial principles, such as sustainable development and the “polluters-pay” principle, have shaped India’s environmental policy. Further, the Supreme Court of India has extended fundamental rights to include protection from climate change. It has been found that India’s environmental laws are crucial for mitigating the impacts of climate change and striking a balance between development and conservation. The ongoing development of environmental jurisprudence in India is expected to contribute to global climate governance and sustainable development efforts.
[1]Climate Change Intensifying Heatwaves in India Amid 2024 Lok Sabha Elections: Experts | Weather.com.
[2]Climate Change: Causes and Effects – ClearIAS.
[3]Article 21. “Protection of life and personal liberty — No person shall be deprived of his life or personal liberty except according to procedure established by law”.
[4] Article 48. “Organisation of agriculture and animal husbandry — The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle”.
[5]Article 48A. “Protection and improvement of environment and safeguarding of forests and wild life — The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.
[6]Article 49. Protection of monuments and places and objects of national importance — It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, 1[declared by or under law made by Parliament] to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be”.
[7]Environment & Climate Change Laws and Regulations Report 2024 India (iclg.com).
[8] “The Ministry of Environment, Forest and Climate Change”.
[9] “The Central Pollution Control Board”.
[10] “State Pollution Control Boards”.
[11]It is a Latin term which means “standing to sue” or “the right to bring an action in court”.
[12]Environmental policies: India put climate change at the centre of its environmental policies in 2021 – The Economic Times (indiatimes.com).
[13]doc202112101.pdf (pib.gov.in).
[14]“Perform, Achieve and Trade (PAT), Market Transformation for Energy Efficiency (MTEE), Energy Efficiency Financing Platform (EEFP), Framework for Energy Efficient Economic Development (FEEED)”.
[15]“i. Comprehensive water data base in public domain and assessment of the impact of climate change on water resource, ii. Promotion of citizen and state actions for water conservation, augmentation and preservation, iii. Focused attention to vulnerable areas including over-exploited areas, iv. Increasing water use efficiency by 20 per cent, v. Promotion of basin-level integrated water resources management”.
[16]pib.gov.in/PressReleaseIframePage.aspx?PRID=1754590.
[17]“Climate Action and Finance Mobilization Dialogue”.
[18]COP26: What is India doing to combat climate change? – DW – 10/28/2021.
[19]India’s updated climate pledge to Paris Agreement gets Union Cabinet nod (downtoearth.org.in).
[20] Article 14. “Equality before law — The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India”.
[21] Article 21. “Protection of life and personal liberty — No person shall be deprived of his life or personal liberty except according to procedure established by law”.
[22]Supreme Court of India bolts Right To Life with climate justice, ET EnergyWorld (indiatimes.com).
[23]MC Mehta v. Kamal Nath, Karnataka Industrial Areas Development Board v. C Kenchappa, Bombay Dyeing & Co Ltd v. Bombay Environmental Action Group.
[24]MK Ranjitsinh v. Union of India: The Supreme Court’s very own Sophie’s Choice moment (barandbench.com).
[25]NGT Slams Assam Govt for Poor Transparency in Highway Tree-Cutting (groundreport.in).
[26] Section 3(3): “POWER OF CENTRAL GOVERNMENT TO TAKE MEASURES TO PROTECT AND IMPROVE ENVIRONMENT – The Central Government may, if it considers it necessary or expedient so to do for the purpose of this Act, by order, published in the Official Gazette, constitute an authority or authorities by such name or names as may be specified in the order for the purpose of exercising and performing such of the powers and functions (including the power to issue directions under section 5) of the Central Government under this Act and for taking measures with respect to such of the matters referred to in sub-section (2) as may be mentioned in the order and subject to the supervision and control of the Central Government and the provisions of such order, such authority or authorities may exercise the powers or perform the functions or take the measures so mentioned in the order as if such authority or authorities had been empowered by this Act to exercise those powers or perform those functions or take such measures”.
[27]Vellore Citizens Welfare Forum v Union of India (lawbhoomi.com).
[28] 1987 AIR 1086.
[29] 1996 SC 711.
[30] Appeal (civil) 9151 of 1994.
