What It Means To Have 'Right To Be Free From Climate Change' As Per SC

While emphasising the need for clean energy initiatives, the Supreme Court stated in an April 6 judgement that every Indian citizen must enjoy the 'right to be free from adverse effects of climate change'. For the first time in India, the apex court declared that this must be recognised as a fundamental right under Articles 14 (Right to Equality) and 21 (Protection of Life and Personal Liberty) of the Constitution. The three-judge-bench comprising Chief Justice of India (CJI) D Y Chandrachud and Justices J B Pardiwala and Manoj Misra, was hearing a petition by wildlife activist MK Ranjitsinh and others to protect the Great Indian Bustard (GIB).

The GIB is a critically endangered bird found in Rajasthan and Gujarat. A Live Law report stated that the SC recalled an order of October 2021 that prohibited the laying of underground overhead transmission lines across an area of over 80,000 sq km in the two states. The issue stems from the deaths of the GIBs due to the collision with transmission wires installed at solar panel projects.

Right To Safety From Climate Change

The Supreme Court noted that the absence of legislation in India regarding climate change would not mean that “the people of India do not have a right against the adverse effects of climate change.” The three-judge bench cited landmark judgments which have recognized the right to a clean environment as a right to 'live' as part of Article 21 of the Constitution. 

However, the SC pointed out how climate change is increasing year by year, underscoring the need to recognize the right to be free from climate change as a distinct one. “If climate change and environmental degradation lead to acute food and water shortages in a particular area, poorer communities will suffer more than richer ones," the Court said.

Hear It From Experts

Speaking to SheThePeople, Prachi Kaushik, a social entrepreneur and activist pointed out how certain sections of society are unfairly worse hit by climate change than others. She described the plight of certain tribal communities who migrate due to climate change. For example, when the weather gets hot they travel to cooler climates, and vice versa.

These patterns of migration have hostile effects on their health and livelihood, especially for women. Kaushik also touched upon the persons whose professions are dependent on weather, like agriculturalists, whose livelihood is hit by the adversity of the changing climate. This pushes them to face severe mental stress and the tiresome hunt for alternative careers.

One such farmer, Shobha Vijay, a marine agriculturalist based in Karwar, Karnataka, spoke about how the fishing community is facing the brunt. She said, "Climate change has become a burgeoning issue for our livelihood. Pollutants and the rising temperate of the ocean surface have caused a depletion in aquatic life which is forcing us to rely on unethical fishing practices."

Vijay described how many contemporary fishing practices not only harm aquatic life but also the economically vulnerable fishers who cannot afford the resources to compete with industrial fishers. She added, "Because of climate change, we adhere to such methods but it is because of these methods that our ocean life is endangered. It has become an unending cycle."

Supreme Court Highlights India's Responsibility

The Supreme Court bench addressed the alliance between indigenous communities that depend on the environment. “The relationship that indigenous communities have with nature may be tied to their culture or religion. The destruction of their lands and forests or their displacement from their homes may result in a permanent loss of their unique culture."

Citing the Paris Agreement of COP 21, the SC stated, “It is imperative for states like India, to uphold their obligations under international law, including their responsibilities to mitigate greenhouse gas emissions, adapt to climate impacts, and protect the fundamental rights of all individuals to live in a healthy and sustainable environment.”