Mains Marathon 2024

Approach Briefly introduce the recent Supreme Court verdict on the right to protection from climate change. Highlight the Court’s interpretation of Constitutional Provisions Concerning Climate Change. Discuss the challenges in Balancing Climate Change Mitigation with Human Rights Protection Suggest a Way Forward and Conclude Suitably.

Introduction

Recently, the Supreme Court of India acknowledged the right to protection from climate change impacts as part of the fundamental rights to life (Article 21) and equality (Article 14) enshrined in the Indian Constitution. This ruling came during a case concerning the conservation of the Great Indian Bustard and the Lesser Florican.

Body

Supreme Court Interpretation of Constitutional Provisions Concerning Climate Change :

• Constitutional Provisions:
  • Article 48A which mandates environmental protection and Article 51A(g) which promotes wildlife conservation, implicitly guarantee a right to be safeguarded from climate change.
  • Article 21 recognises the right to life and personal liberty while Article 14 indicates that all persons shall have equality before law and the equal protection of laws.
    • These articles are important sources of the right to a clean environment and the right against the adverse effects of climate change.
    • In MC Mehta vs Kamal Nath Case, 2000, the Supreme Court stated that the right to a clean environment is an extension of the right to life.
• Implications of Recent Ruling:
  • This decision strengthens the legal basis for environmental protection efforts in India and provides a framework for legal challenges against inaction on climate change.
    • It aligns with the growing international recognition of the human rights dimensions of climate change, as outlined by the UN Environment Programme and the UN Special Rapporteur on Human Rights and the Environment.

Challenges in Balancing Climate Change Mitigation with Human Rights Protection:

• Trade-offs: Some climate mitigation measures may conflict with human rights, such as restrictions on land use for conservation projects or displacement due to renewable energy infrastructure development.
  • Finding solutions that minimise negative impacts while maximising benefits is challenging.
• Access to Resources: Climate actions like transitioning to renewable energy or implementing carbon pricing can impact access to essential resources like energy, water, and food, especially for marginalised communities.
• Environmental Migration: Climate-induced migration can strain social systems and lead to conflicts over resources and rights in host communities.
  • Managing migration flows in a way that respects the rights of both migrants and host populations is a multifaceted challenge.
• Adaptation vs. Mitigation: Balancing efforts to reduce greenhouse gas emissions (mitigation) with investments in adaptation to climate impacts can be challenging.
  • Prioritising one over the other can have implications for human rights, particularly for communities already facing climate-related risks.
• International Cooperation: Climate change is a global issue requiring international cooperation.
  • Balancing national climate goals with global responsibilities and ensuring that climate actions do not undermine the rights of vulnerable communities across borders is a complex task.

Way Forward

• Human Rights-Based Carbon Pricing: Implementing a carbon tax with progressive rebates or dividends. Rebates can be larger for low-income households, offsetting the impact of higher energy costs and ensuring a just transition.
  • Revenue from the carbon tax could be directed towards clean energy initiatives, social safety nets for vulnerable populations, and supporting developing countries in their climate mitigation and adaptation efforts.
• Green Technology Transfer and Capacity Building: Facilitating the transfer of green technologies to developing countries at affordable rates. This could involve relaxing intellectual property restrictions or creating technology-sharing partnerships.
  • This would allow developing countries to pursue low-carbon development pathways without compromising their right to development.
• Human Rights Impact Assessments: Conduct thorough human rights impact assessments before implementing any climate change mitigation or adaptation strategies.
  • This would help identify potential risks and ensure that solutions are designed in a way that respects and protects human rights.

Conclusion

The Supreme Court's recognition of the right to protection from climate change impacts under Articles 21 and 14 represents a progressive step towards integrating environmental concerns with fundamental rights. This verdict not only strengthens the constitutional framework for environmental protection but also underscores the importance of climate justice. However, its effective implementation requires robust policies, strong institutional mechanisms, and unwavering political commitment. Balancing economic development with environmental sustainability remains a critical challenge that India must navigate to ensure the well-being of its citizens and future generations.