Supreme Court of India Upholds Environmental Protections as a Pillar of Equality and Life

Supreme Court of India Upholds Environmental Protections as a Pillar of Equality and Life

The Supreme Court of India has recognized the right against the adverse effects of climate change as a fundamental human right

TONOY CHAKRABORTY

In a groundbreaking judgment, the Supreme Court of India has recognized the right against the adverse effects of climate change as a fundamental human right, intrinsically linked to the Constitution.

This pivotal decision, aligning with Articles 21 and 14, establishes the rights to life and equality as inherently dependent on the sustenance of a clean and stable environment.

The apex court’s ruling was delivered in response to the plight of the endangered Great Indian Bustard, whose survival is threatened by power transmission lines disrupting its natural habitat in Gujarat and Rajasthan.

The judgment, released on April 6, followed the establishment of an expert committee to address this pressing issue, with further hearings scheduled for August 2024.

Chief Justice Chandrachud elaborated on the critical relationship between climate change and human rights. He highlighted that a myriad of rights, including health, indigenous, gender equality, and development, are compromised without environmental stability. The judgment underscored that climate change’s far-reaching impact extends beyond immediate environmental degradation to affect the most vulnerable populations disproportionately.

The court stressed that violations of the right to a healthy environment have cascading effects across numerous domains, infringing on basic human rights such as health, water, and housing, as well as procedural rights including access to information and participation in decision-making processes. The judgment also pointed out the disproportionate energy access burdens shouldered by women and girls due to entrenched gender roles.

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Given the urgency of the situation, the Supreme Court emphasized India’s need to harness its solar energy potential. The country, poised to be responsible for a quarter of global energy demand growth in the next two decades and grappling with severe air pollution and water scarcity, must pivot towards cleaner energy sources.

India’s solar potential is immense, receiving approximately 5,000 trillion kWh of solar energy annually, and presents a scalable solution to the country’s energy challenges.

Aligning with global efforts to combat climate change, India has set an ambitious target to achieve 500 GW of non-fossil-based electricity generation capacity by 2030, in pursuit of net-zero emissions by 2070.

The recent addition of 9,943 MW generation capacity, with 8,269 MW derived from non-fossil fuel sources, highlights the country’s steadfast commitment to this goal. India currently holds the 4th largest installed capacity of renewable energy worldwide, as reported by the International Renewable Energy Agency (IRENA).

Investment in renewable energy is not only an environmental imperative but also a strategic socio-economic move. Such investments enhance energy security, reduce dependence on unstable fossil fuel markets, and mitigate risks associated with energy scarcity. The transition to renewable energy sources promises to alleviate air pollution, improve public health, and decrease healthcare costs.

Despite an absence of a singular or comprehensive legislative framework addressing climate change in India, the Supreme Court’s judgment confirms that the citizens of India are entitled to protection against its detrimental effects. The court’s recognition of the right against climate change as a fundamental human right is a monumental step towards ensuring environmental justice and sustainability for current and future generations.

This historic verdict from India’s highest court serves as a clarion call for immediate and sustained action against climate change. It reaffirms the inextricable link between human rights and environmental health, setting a precedent for other nations to follow. As the world grapples with the existential threat of climate change, this judgment by the Indian Supreme Court stands as a testament to the power of judicial intervention in safeguarding our planet’s future.

The Supreme Court of India has set an exemplary standard by recognizing the right against climate change as a fundamental and human right. This landmark decision galvanizes the nation’s efforts to combat environmental challenges and reinforces the constitutional mandate to uphold the rights to life and equality through the lens of a clean and stable environment.

08-04-2024

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