Written by- Havish Dhanwantri, 5th semester student of B.Com.L.L.B at UILS, Panjab University, Chandigarh
Abstract
The issues surrounding climate change are some of the most vitally important and pressing issues of our times. From the field of technology to that of governance and policy making, all areas of influential decision-making that can contribute, negatively or for the betterment of climate action initiatives are being heavily affected. The legal field is no exception. In the face of exceedingly important and increasing needs for climate friendly legislations, activism and judicial actions, it is imperative that legal professionals aim towards climate action litigation and new students are educated to be eco-conscious in advance. This article explores the different facets related to the topic in detail.
Introduction
Climate change litigation, or climate litigation, is a recently evolved concept within the ambit of environmental law that aims to use legal action in the form of petitions and litigation to help the courts in establishing legal precedents, which would help in the better handling of issues related to climate change and the enhancement of efforts to tackle climate change by public entities like governments and corporations. As a result of the slow-moving progress in climate change legislative policies, eco-conscious legal professionals and climate change activists are employing the use of litigation and petitionary action to tackle and accelerate the efforts towards Faced with the slow progress of climate change policies, activists and lawyers are intensifying their use of national and international legal systems to accelerate climate change mitigation efforts.
Starting from the early 2000s, legal systems have been providing more options for addressing climate change through laws, which has led to a growing number of court cases shaping an international legal framework connecting climate actions to various legal challenges like constitutional law, administrative law, private law, consumer protection law or human rights. Many successful cases have focused on promoting climate justice and supporting the youth climate movement. Since 2015, there has been a rise in using human rights arguments in climate-related lawsuits. This is due to certain factors such as increased information about climate change and the recognition of the Right to a healthy environment by the United Nations. In India, article 48A and 51A (g), which are part of the directive principles of state policy relate to the right to a clean and healthy environment and talk about the duty of citizens to protect the environment.
Climate Change Litigation and Its Types
Climate Change litigation is actually an umbrella term and usually covers different areas or facets within it. There are different kinds of climate change litigation which is aimed at either correcting legislative actions related to environmental laws which are likely to affect ecological balance or facilitating novel ideas associated with the advancement of environmental legislation. Climate lawsuits usually involve one of five legal arguments: Constitutional law (related to state violations of constitutional rights), administrative law (critiquing administrative decisions), private law (accusing corporations of negligence, nuisance, fraud, or consumer deception), or human rights (asserting that inaction on climate change is a violation of human rights.
Constitutional Law based Climate Litigation- Climate action lawsuits in India frequently utilize constitutional arguments that highlight the essential rights and responsibilities outlined in the Indian Constitution to tackle climate change and environmental destruction. Plaintiffs contend that climate change violates essential rights like the right to life (Article 21), which encompasses the right to a clean environment. They argue that the negative impacts of climate change, such as more pollution, severe weather incidents, and rising sea levels, pose a direct threat to people’s health and safety, consequently breaching this constitutional entitlement. Furthermore, the argument could also refer to the directive principles of state policy, specifically Article 48A, which requires the state to safeguard and enhance the environment.
The non-enforceability of the Directive principles is often cited as a potential reason for the half-baked implementation of these guiding principles of policy. Plaintiffs claim that the government not sufficiently addressing climate change goes against these principles, resulting in a legal duty to enact successful solutions. The public trust doctrine, acknowledged in Indian law, also has significance. It is true that the state is entrusted with natural resources for the well-being of the public and future generations. Legal actions might argue that the government has failed to fulfill this duty by not taking strong actions against climate change, thus requiring court involvement to enforce more robust climate policies.
Human Rights perspective- Inaction on climate change is increasingly being viewed as a violation of human rights because it undermines fundamental rights such as the right to life and health. Climate change impacts—like extreme weather, rising sea levels, and air pollution—pose significant threats to human well-being and safety. These adverse effects disproportionately affect vulnerable populations, exacerbating inequalities and infringing upon their rights to a safe environment and adequate living conditions. Thus, failing to address climate change can be construed as neglecting the responsibility to protect and uphold basic human rights, highlighting the urgent need for effective climate action. Climate change based migration which is hugely affecting many countries in the world is also cited as a grave injustice from a human rights perspective.
Corporate Social Responsibility
Discussing corporate responsibility for climate action as a separate head is important to underscore the importance of the topic. The emphasis in matters of corporate social responsibility is frequently on the duties of companies to mitigate their environmental footprint considering constitutional principles and wider legal standards.
In India, it is possible for plaintiffs and advocacy organizations to claim that companies are obligated by both constitutional and legal standards to participate in climate efforts, supported by a variety of principles.
1. Article 21 of the Constitution guarantees the fundamental right to life, which has been interpreted by the judiciary to include the right to a healthy and safe environment. When corporations cause environmental damage—through pollution, deforestation, or resource depletion—they can infringe upon this right, as their actions can adversely affect public health and living conditions. This interpretation implies that companies have a constitutional obligation to mitigate their environmental impact. By adopting sustainable practices, reducing emissions, and adhering to environmental regulations, corporations contribute to upholding this right. Failure to do so not only jeopardizes the well-being of individuals but also exposes companies to legal and reputational risks. As such, corporate responsibility extends beyond profit-making to encompass the duty of ensuring their operations do not compromise the environmental conditions essential for the right to a safe and healthy life
2. Compulsory CSR initiative- Under Section 135 of the Companies Act, 2013, Indian companies with a net worth of at least ₹500 crore, annual turnover of ₹1000 crore, or net profit of ₹5 crore or more are mandated to allocate 2% of their average net profits over the previous three years to Corporate Social Responsibility (CSR) initiatives. These initiatives include promoting environmental sustainability, which encompasses climate action, waste management, and conservation efforts. By law, companies are required to contribute to CSR projects that align with national priorities, including addressing climate change and mitigating environmental harm. Failure to comply with these CSR obligations not only results in potential legal repercussions but also reflects poorly on a company’s commitment to responsible business practices. Therefore, neglecting climate action and environmental stewardship may be viewed as a breach of Section 135, impacting both legal standing and corporate reputation.
3. Public Trust Doctrine-Corporations are considered trustees of the environment, holding natural resources in trust for the public’s advantage. It is anticipated that companies will conduct their operations in a way that does not exhaust or harm these resources, and they may be responsible for not adopting sustainable practices.
4. Laws and Regulations-The legal system in India, which includes environmental laws and policies, establishes particular obligations for companies to control and lessen their impact on the environment. Failure to comply or take sufficient measures regarding climate-associated matters may result in legal repercussions and lawsuits from the public.
All of these arguments seek to guarantee that businesses align their activities with environmental protection objectives and actively contribute to efforts to mitigate climate change.
Importance of Eco-conscious Legal Professionals
Eco-conscious legal professionals play a crucial role in advancing climate action and environmental sustainability within the legal field. Eco-conscious legal professionals are pivotal in advancing environmental justice, shaping effective climate policies, enforcing corporate accountability, and integrating human rights considerations into environmental law. Their efforts help bridge the gap between legal theory and practical action, driving meaningful progress toward a sustainable future. They perform multi-faceted functions, which are as follows-
1. Advancing Environmental Legislation and Policy- Eco-conscious lawyers are instrumental in shaping and advocating for environmental laws and policies. They work on drafting, revising, and promoting legislation that addresses climate change, pollution control, and natural resource management. Their expertise ensures that legal frameworks are robust, practical, and capable of addressing complex environmental issues.
2. Promoting Corporate Responsibility- Legal professionals with a focus on environmental issues help enforce Corporate Social Responsibility (CSR) requirements. They guide corporations in complying with laws like Section 135 of the Companies Act, 2013, which mandates CSR activities, including environmental sustainability projects. By ensuring adherence to these regulations, they contribute to more responsible corporate behaviour and mitigate adverse environmental impacts.
3. Litigating Environmental Cases- Eco-conscious lawyers are vital in representing communities, activists, and organizations in environmental litigation. They tackle cases involving pollution, deforestation, and violations of environmental regulations, seeking justice and remediation for affected parties. Their work helps hold violators accountable and pushes for more stringent enforcement of environmental laws.
4. Advocating for Human Rights- These legal professionals link environmental protection to human rights, emphasizing that climate inaction infringes upon fundamental rights such as the right to a healthy environment, health, and life. They advocate for legal recognition of these rights and work to integrate them into national and international legal standards. This approach ensures that climate action is framed not just as an environmental issue but also as a critical human rights concern.
5. Educating and Raising Awareness- Eco-conscious lawyers play a role in educating clients, colleagues, and the public about the importance of environmental stewardship and the legal implications of climate change. They contribute to raising awareness about environmental rights and the necessity of integrating sustainable practices in various sectors.
6. Sustainable Legal Practices- By adopting eco-friendly practices in their own operations—such as reducing paper use, minimizing energy consumption, and supporting green initiatives—legal professionals set an example within the industry. Their commitment to sustainability demonstrates the integration of environmental values into everyday legal work.
All of these factors underscore the importance of eco-conscious legal professionals and highlight their role in initiating the much required actions needed to combat climate change.
The role of Social Activism
Social activism plays a very important part in addressing climate change and promoting environmental sustainability by driving public awareness, influencing policy, and holding stakeholders accountable. The crucial part played by social activism can be understood through the points that follow-
Raising Public Awareness-Social activists educate the general public about the impacts of climate change and environmental degradation. By organizing campaigns, protests, and educational events, they highlight the urgency of environmental issues, mobilizing communities to advocate for change and adopt sustainable practices.
Influencing Policy and Legislation- Social Activism often plays an important role in driving policy changes (which is what it mostly tries to do) by pushing for stronger environmental regulations and climate action. Activists engage in lobbying, petitioning, and participating in public consultations to ensure that environmental concerns are addressed in legislative and regulatory frameworks. Their efforts can lead to the implementation of new laws and the strengthening of existing ones.
Holding Corporations and Governments Accountable- Social activists play a key role in scrutinizing the actions of corporations and governments regarding environmental issues. They expose greenwashing, track corporate environmental performance, and demand greater transparency and accountability. By pointing out the shortcomings of legislative actions and advocating for responsible practices, they help ensure that entities adhere to environmental standards and commitments.
Empowering Marginalized Communities- Social Activism mostly focuses on raising the voices of marginalized communities disproportionately affected by environmental harm. Activists work to ensure that these communities are included in decision-making processes and receive the support needed to address climate impacts, thus promoting environmental justice and equity. In a country such as India where tribal identity plays a big role, this can help in the conservation of tribal beliefs and practices, ensuring the stability and well-being of these minorities.
Driving Grassroots Movements:-Social activism fosters grassroots movements that can lead to significant environmental and societal changes. Grassroots efforts build community solidarity, drive local initiatives, and create momentum for broader systemic change, demonstrating the power of collective action in achieving sustainable outcomes.
Conclusion
To conclude the matter, addressing climate change and fostering environmental sustainability require a multifaceted approach, where the roles of eco-conscious legal professionals and social activists are paramount. Legal professionals contribute by shaping and enforcing environmental laws, advocating for corporate responsibility, and integrating human rights into climate action. Their work ensures that legal frameworks support effective and equitable environmental policies. Meanwhile, social activists drive public awareness, influence policy, and hold stakeholders accountable, while amplifying the voices of marginalized communities. Together, these efforts not only highlight the urgent need for climate action but also mobilize societal and legal mechanisms to create meaningful change. By collaborating and leveraging their respective strengths, both legal professionals and activists play crucial roles in advancing a sustainable future and ensuring that environmental protection is a central concern in both legal and public spheres.
FAQs
What is the role of eco-conscious legal professionals in climate action?
Eco-conscious legal professionals advocate for and shape environmental legislation, ensure corporate compliance with CSR requirements, litigate environmental cases, and integrate human rights considerations into climate action. They also promote sustainable legal practices within their own operations.
2. How can social activists influence environmental policy?
Social activists influence policy through campaigns, lobbying, public demonstrations, and grassroots mobilization. They raise awareness about environmental issues, push for stronger regulations, and hold corporations and governments accountable for their environmental impact.
3. Why is it important for companies to engage in CSR related to climate action?
Companies are legally required to allocate a portion of their profits to CSR initiatives, including environmental sustainability. Engaging in CSR helps mitigate their environmental impact, comply with legal obligations, enhance their reputation, and contribute to broader climate action goals.
4. How does climate change impact human rights?
Climate change threatens fundamental human rights, such as the right to life and health, by causing extreme weather events, rising sea levels, and pollution. These impacts can undermine living conditions and health, making climate action crucial for protecting human rights.
5. What are some effective ways for legal professionals to promote environmental sustainability?
Legal professionals can promote sustainability by drafting and advocating for robust environmental laws, advising clients on compliance with environmental regulations, participating in environmental litigation, and adopting eco-friendly practices in their own legal work.
6. How do grassroots movements contribute to climate action?
Grassroots movements build community support, drive local initiatives, and create pressure for systemic change. They engage individuals at the local level, fostering solidarity and mobilizing collective action to address environmental issues and advocate for sustainable practices.
7. What are the legal consequences for companies that fail to meet CSR requirements?
Companies that fail to meet CSR requirements may face legal penalties, damage to their reputation, and loss of stakeholder trust. Non-compliance can lead to regulatory action, fines, and increased scrutiny from investors and the public.
8. How can individuals support climate action through activism?
Individuals can support climate action by participating in environmental campaigns, advocating for policy changes, reducing personal carbon footprints, and supporting organizations that focus on climate justice and sustainability.
