The Supreme Court of India has acknowledged the right against the adverse effects of climate change as a distinct fundamental right enshrined in the Constitution. This recognition comes through a judgment released on April 6, highlighting the necessity to articulate this right separately from the general right to a clean environment.
Articles 14 and 21: The Constitutional Backbone
4The judgment emphasizes that the right against climate change is underpinned by Articles 14 (right to equality) and 21 (right to life). Chief Justice Chandrachud stated that the rights to life and equality cannot be fully realized without a clean and stable environment. The judgment connects climate change impacts directly to the right to health, part of the right to life under Article 21, illustrating how factors like air pollution, rising temperatures, and food shortages exacerbate health inequalities.
Case of the Great Indian Bustard
The court’s decision originated from a case concerning the endangered Great Indian Bustard, whose habitat intersects with power transmission lines in Gujarat and Rajasthan. An order from March 21 had already established an expert committee to address the issue. Although the case is set for further hearing in August 2024, the judgment was unexpectedly uploaded, focusing extensively on the adversities of climate change.
Climate Change and Human Rights
The judgment delves into the profound interconnections between climate change and various human rights, including health, indigenous rights, gender equality, and development. It underscores that a healthy environment, free from the detrimental effects of climate change, is a fundamental human right. The court noted that violations of this right impact numerous other rights, such as access to water, housing, and information, disproportionately affecting vulnerable communities.
India’s Solar Potential
The Supreme Court highlighted the critical role solar power must play in combating climate change in India. The country faces three urgent issues: a projected 25% increase in global energy demand over the next two decades, severe air pollution, and decreasing groundwater levels alongside annual rainfall. India, receiving about 5,000 trillion kWh of solar energy annually, possesses vast solar potential that must be harnessed.
Achievements and Goals
India aims to achieve 500 GW of non-fossil-based electricity generation capacity by 2030, in alignment with its net zero target by 2070. In 2023-24, out of the total generation capacity added, a significant portion came from non-fossil fuel sources. According to the Renewable Energy Statistics 2023 by the International Renewable Energy Agency (IRENA), India ranks fourth globally in installed renewable energy capacity.
Towards a Sustainable Future
India’s transition to renewable energy is essential not only for environmental preservation but also for socio-economic benefits. Investing in renewable energy enhances energy security, reduces reliance on volatile fossil fuel markets, and mitigates energy scarcity risks. Additionally, adopting renewable technologies helps curb air pollution, improving public health and reducing healthcare costs.
Legislative Gaps and Rights
Despite various policies and regulations, India lacks a comprehensive climate change legislation. Nevertheless, the Supreme Court’s judgment affirms that the people of India possess an inherent right against the adverse effects of climate change, reinforcing the nation’s commitment to addressing this global challenge.