Author: Aniket Digra, Thakur Ramnarayan, College of Law
Introduction
Climate change has emerged as one of the most pressing global challenges of our time, with far-reaching consequences for ecosystems, economies, and human societies. As the impacts of climate change become increasingly evident, there has been a growing trend worldwide to seek legal remedies and hold governments and corporations accountable for their contributions to this crisis. India, as one of the world’s largest economies and a significant contributor to global greenhouse gas emissions, has not been immune to this trend.
This article explores the landscape of climate change litigation in India, focusing on legal actions against both the government and corporations. We will examine the legal framework that supports such litigation, analyze key case studies, and discuss the challenges and future prospects of climate change litigation in the Indian context.
2. The Rise of Climate Change Litigation
Climate change litigation has gained momentum globally as a strategic tool to address the climate crisis. This approach seeks to use the legal system to compel governments and corporations to take more aggressive action on climate change mitigation and adaptation. The rise of climate change litigation can be attributed to several factors:
Growing public awareness of the urgency of climate change has led to demands for more robust action from governments and corporations.
The strengthening scientific consensus on anthropogenic climate change provides a solid foundation for legal arguments.
The perceived inadequacy of political responses to climate change has prompted citizens and organizations to turn to the courts for recourse.
The development of environmental law and human rights law has created new avenues for climate-related legal claims.
Successful climate litigation cases in other countries have inspired similar actions globally.
In India, climate change litigation is still in its nascent stages compared to some Western countries. However, there is a growing recognition of its potential as a tool for driving climate action and policy change.
3. Legal Framework in India
The legal framework for climate change litigation in India is multifaceted, drawing from various sources of law:
Constitution of India: The Indian Constitution provides the fundamental right to life and personal liberty (Article 21), which has been interpreted by courts to include the right to a clean environment.
India has a comprehensive set of environmental laws, including the Environment (Protection) Act, 1986, the Air (Prevention and Control of Pollution) Act, 1981, and the Water (Prevention and Control of Pollution) Act, 1974.
India is a signatory to various international climate agreements, including the Paris Agreement, which can be invoked in legal arguments
The Indian judiciary, particularly the Supreme Court and National Green Tribunal, has played a proactive role in environmental protection through various landmark judgments.
National Action Plan on Climate Change (NAPCC) Launched in 2008, this plan outlines India’s strategy to address climate change and can be used as a benchmark in litigation.
This legal framework provides multiple entry points for climate change litigation against both the government and corporations.
4. Suing the Government
Constitutional Provisions
The Indian Constitution forms the bedrock of climate change litigation against the government.
Key provisions include:
Article 21 (Right to Life): This fundamental right has been expansively interpreted by the Supreme Court to include the right to a clean environment.
Article 48A: This Directive Principle of State Policy mandates the state to protect and improve the environment and safeguard forests and wildlife.
Article 51A(g): This Fundamental Duty requires citizens to protect and improve the natural environment, including forests, lakes, rivers, and wildlife.
These constitutional provisions create a duty for the government to take action on environmental issues, including climate change.
Public Interest Litigation
Public Interest Litigation (PIL) has been a powerful tool in Indian environmental jurisprudence. PILs allow any citizen or organization to approach the court on matters of public interest, bypassing traditional rules of locus standi. This mechanism has been instrumental in bringing environmental issues, including climate change, to the forefront of judicial attention.
Case Studies
Several notable cases have shaped the landscape of climate change litigation against the government in India:
Ridhima Pandey v. Union of India (2017)
This case, filed by a 9-year-old girl, argued that the Indian government had failed to take adequate action on climate change. While the National Green Tribunal initially dismissed the case, it highlighted the potential for youth-led climate litigation in India.
Gaurav Kumar Bansal v. Union of India (2015)
This case led to the Supreme Court directing all states to prepare State Action Plans on Climate Change in line with the National Action Plan on Climate Change.
Court on its own motion v. State of Himachal Pradesh (2013)
The National Green Tribunal took suo moto cognizance of the impact of black carbon on glaciers in the Himalayas, highlighting the judiciary’s proactive stance on climate issues.
T.N. Godavarman Thirumulpad v. Union of India (1996)
While not specifically a climate change case, this ongoing litigation has had significant implications for forest conservation and, by extension, climate change mitigation.
These cases demonstrate the evolving nature of climate change litigation against the government in India, with courts increasingly recognizing the urgency of the climate crisis and the government’s responsibility to address it.
5. Suing Corporations
Corporate Responsibility
The concept of corporate responsibility for climate change is gaining traction globally, and India is no exception. This approach is based on the premise that corporations, particularly those in carbon-intensive industries, have a responsibility to mitigate their environmental impact and contribute to climate change solutions.
In India, this concept is supported by: Companies Act, 2013: This law mandates Corporate Social Responsibility (CSR) activities, which can include environmental sustainability initiatives.
National Voluntary Guidelines on Social, Environmental and Economic Responsibilities of Business: These guidelines, issued by the Ministry of Corporate Affairs, encourage businesses to consider their environmental impact. Business Responsibility Reporting: SEBI mandates top 1000 listed companies by market capitalization to file Business Responsibility Reports, which include disclosures on environmental performance.
Legal Grounds
Legal actions against corporations for climate change-related issues can be based on various grounds:
Tort Law: Claims can be made based on negligence or nuisance caused by corporate activities contributing to climate change.
Consumer Protection Laws: These can be invoked if companies are found to be misleading consumers about their environmental impact.
Securities Laws: If companies fail to disclose material climate-related risks to investors, they may face legal action.
Environmental Laws: Violations of specific environmental regulations can form the basis for legal action.
Case Studies
While climate change litigation against corporations is less developed in India compared to actions against the government, there have been some significant cases:
M.C. Mehta v. Union of India (Taj Trapezium Case) (1996)
Although not specifically a climate change case, this landmark judgment held industries responsible for air pollution affecting the Taj Mahal, setting a precedent for corporate environmental responsibility.
Indian Council for Enviro-Legal Action v. Union of India (1996).
This case established the “Polluter Pays” principle in Indian environmental jurisprudence, which has implications for climate change litigation against corporations.
Samir Mehta v. Union of India (2016)
The National Green Tribunal imposed a hefty fine on a shipping company for an oil spill, demonstrating the potential for holding corporations accountable for environmental damage.
Hanuman Laxman Aroskar v. Union of India (2019)
While primarily concerning environmental clearance for an airport project, this case highlighted the Supreme Court’s willingness to scrutinize corporate projects with significant environmental impacts.
These cases, while not directly related to climate change, have established important principles that could be applied in future climate litigation against corporations in India.
6. Challenges in Climate Change Litigation
Despite the growing momentum, climate change litigation in India faces several challenges
Establishing a direct causal link between specific actions of governments or corporations and the impacts of climate change poses significant challenges, as the complexity of climate science makes it difficult for courts to interpret and apply scientific evidence accurately. Climate change is a global issue, raising questions about the appropriate jurisdiction for addressing its impacts, and courts may hesitate to intervene in areas that could be viewed as policy matters, better suited to executive or legislative branches. Even with favorable judgments, ensuring effective implementation is often difficult due to the economic and political power wielded by large corporations. In India, the novelty of climate litigation means there are limited precedents to guide such cases, and the resource-intensive nature of climate litigation may restrict access for affected communities. Addressing these challenges will be essential for the advancement of climate litigation in India.
7. Future Prospects
Despite challenges, the future of climate change litigation in India appears promising. Increasing public awareness of climate change is likely to drive more legal actions, and as more cases are brought, Indian courts may develop a stronger climate change jurisprudence. Successful litigation in other countries could inspire similar actions in India, and advancements in climate science and attribution studies are likely to strengthen the evidentiary basis for cases. Growing demands for corporate accountability on climate issues may also lead to more litigation against private entities, while framing climate change as a human rights issue could open new avenues for legal action. Collaboration among legal experts, scientists, and civil society organizations is expected to strengthen climate litigation efforts, and even unsuccessful cases can raise awareness and influence climate policy discussions. These trends suggest a future of more diverse and sophisticated climate litigation in India, targeting both government policies and corporate actions.
8. Conclusion
Climate change litigation in India, while still in its early stages, has the potential to be a powerful tool for driving climate action. By holding both the government and corporations accountable, these legal actions can complement policy efforts and public advocacy in addressing the climate crisis.
The unique legal framework in India, including its progressive constitution, environmental laws, and tradition of judicial activism, provides a fertile ground for the development of climate change litigation. While challenges remain, particularly in terms of establishing causation and ensuring enforcement, the evolving jurisprudence and growing climate awareness suggest a promising future for such litigation.
As India grapples with the dual challenges of development and environmental protection, climate change litigation is likely to play an increasingly important role in shaping the country’s response to the global climate crisis. It offers a mechanism for citizens and organizations to hold decision-makers accountable and push for more ambitious climate action.
However, it’s important to recognize that litigation alone cannot solve the climate crisis. It must be part of a broader strategy that includes policy reform, technological innovation, and changes in individual and corporate behavior. The success of climate change litigation in India will ultimately depend on how effectively it can catalyze these wider societal changes.
As we move forward, it will be crucial to continue developing the legal and scientific foundations for climate litigation, building capacity among legal practitioners and judges, and fostering public understanding of the role of the legal system in addressing climate change. By doing so, India can strengthen its response to one of the most pressing challenges of our time, setting an example for other developing nations grappling with similar issues.
The path ahead for climate change litigation in India is challenging but full of potential. As this field evolves, it has the power to reshape the landscape of environmental governance in India, contributing to a more sustainable and climate-resilient future for all.
FAQS
1. What is climate change litigation, and why is it gaining importance in India? Climate change litigation involves using the legal system to compel governments and corporations to take stronger action on climate issues, such as reducing greenhouse gas emissions and addressing environmental impacts. In India, this form of litigation is gaining momentum as public awareness of climate change grows and the perceived inadequacy of political responses drives citizens and organizations to seek recourse through the courts. India’s proactive judiciary and existing environmental laws provide a supportive foundation for such actions.
2. How can individuals and organizations bring climate change cases against the Indian government?
In India, individuals and organizations can utilize Public Interest Litigation (PIL) to bring climate-related cases against the government. The Indian Constitution and environmental laws, including the Environment (Protection) Act, offer a legal basis for these actions. Key constitutional provisions like Article 21 (right to a clean environment) have been interpreted by courts to mandate government responsibility in environmental protection. Cases such as Ridhima Pandey v. Union of India and Gaurav Kumar Bansal v. Union of India exemplify how citizens can urge government accountability on climate issues.
3. What challenges does climate change litigation face in India, and what are the future prospects?
Climate litigation in India faces challenges such as proving a direct link between specific actions and climate impacts, interpreting complex scientific evidence, and overcoming the influence of powerful corporations. Courts may also be cautious about intervening in what could be considered policy matters. However, the future holds promise as awareness of climate change grows, the evidentiary basis for litigation strengthens, and Indian courts increasingly develop a climate-specific jurisprudence. Climate change litigation is expected to complement other climate actions, potentially shaping India’s environmental policies and corporate responsibilities toward a more sustainable future.
Case laws
1. Ridhima Pandey v. Union of India (2017)
2. Gaurav Kumar Bansal v. Union of India (2015)
3. Court on its Own Motion v. State of Himachal Pradesh (2013)
4. T.N. Godavarman Thirumulpad v. Union of India (1996)
5. M.C. Mehta v. Union of India (Taj Trapezium Case) (1996)
6. Indian Council for Enviro-Legal Action v. Union of India (1996)
7. Samir Mehta v. Union of India (2016)
8. Hanuman Laxman Aroskar v. Union of India (2019)
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