The Constitutional Right to a Healthy Environment
The Supreme Court of India has long recognized the right to a clean and healthy environment as an essential part of the right to life under Article 21 of the Constitution. This judicial interpretation has served as a powerful tool for protecting India’s natural environment and the well-being of its citizens. In a recent landmark judgment on March 21, 2024, the Supreme Court expanded this right by affirming that protection against the harmful effects of climate change is also encompassed under Articles 21 and 14. This decision reflects a growing awareness of environmental and climate justice, adding a new dimension to India’s constitutional framework.
Equal Protection and Climate Justice
Article 14 of the Constitution ensures equality before the law, which becomes significant in climate justice discussions. On an international level, climate negotiations are often challenged by the question of equitable treatment, especially regarding technology transfer and climate financing. The Supreme Court’s recent judgment aligns with these global discussions by affirming that climate justice is inseparable from environmental justice. In doing so, the Court has followed the example set by the European Court of Human Rights (ECtHR), which has held states responsible for protecting citizens, particularly vulnerable populations, from climate change impacts.
Balancing Wildlife Conservation with Climate Goals
Some conservationists have expressed concern that the judgment does not adequately protect critically endangered species like the Great Indian Bustard (GIB). However, the judgment acknowledges the government’s commitment to various conservation initiatives, which include efforts to mitigate habitat loss—a significant threat to species like the GIB, exacerbated by climate change. The Supreme Court has thus highlighted the importance of adaptation and mitigation efforts to protect both human and ecological health, underscoring the need for a holistic approach to climate and biodiversity.
Government’s Duty of Care for Climate Resilience
The state’s responsibility to protect citizens from climate change spans across economic status, social standing, gender, age, and other factors. This judgment places an added duty on both central and state governments to adopt comprehensive measures to safeguard citizens. It aligns with international climate commitments by requiring governments to take active steps toward climate resilience. This interpretation by the Supreme Court serves as a reminder that climate justice, long debated at international forums and COP summits, must now be applied meaningfully within India.
Citizens’ Role in Addressing Climate Change
While this judgment mandates government accountability, it does not absolve citizens of responsibility. India has already launched numerous initiatives to meet its climate adaptation and net-zero goals, but these efforts will require active public participation. To support climate goals, each individual must adopt sustainable lifestyle practices, from reducing resource consumption to reforestation, water conservation, and promoting a circular economy. The Supreme Court’s emphasis on climate rights empowers citizens, but these rights will only be effective if matched by citizen-driven changes that reduce environmental impact.
The Call for Sustainable Policy and Citizen Action
Merely enacting new laws or creating committees will not address the climate crisis unless individuals and industries commit to sustainable practices. Private sector contributions to green initiatives are essential, yet consumer choices ultimately shape market trends. Citizens can drive demand for environmentally friendly products and support efforts that align with minimal carbon footprints. While the Supreme Court’s decision places an obligation on the state, it also calls for citizens to fulfill their fundamental duties. Meaningful change must be rooted in both policy and public engagement.
Renewable Energy: Navigating Challenges for Climate and Wildlife
Renewable energy companies face the challenge of producing clean energy while minimizing harm to biodiversity. This delicate balance is crucial for advancing India’s climate adaptation and net-zero goals. The Supreme Court has indicated that it will monitor the implementation of its directives to ensure that both renewable energy initiatives and wildlife protection are effectively addressed. As the state takes a multipronged approach to climate protection, citizens must actively contribute to building a healthy environment, reducing the need for legal recourse to protect against climate impacts. Small yet consistent actions by individuals will collectively create a sustainable future.