Author: Ritika Singh College: Jaipur National University
ABSTRACT
One of the most significant issues confronting humanity is climate change, which has an impact on public health, livelihoods, ecosystems, and basic human rights. Although there isn’t a single comprehensive climate change law in India, the judiciary has been instrumental in addressing climate-related issues through Public Interest Litigations (PILs). PILs have developed into a potent legal tool that allows people, activists, and civil society organizations to request court intervention for climate justice and environmental protection. The right to a clean and healthy environment has been incorporated into the right to life under Article 21 of the Constitution by Indian courts, especially the Supreme Court and High Courts. Courts have upheld environmental ideas like the polluter pays principle, the precautionary principle, and sustainable development via historic rulings. The legal underpinnings, judicial innovations, significant case laws, evidentiary standards, and its changing role in tackling climate change are all highlighted in this article’s critical analysis of climate litigation in India through PILs.
TO THE POINT
Public Interest Litigations (PILs) filed before the Supreme Court and High Courts under Articles 32 and 226 of the Constitution constitute the majority of climate litigation in India. Even without demonstrating personal harm, PILs allow citizens, environmental organizations, and campaigners to petition courts for the preservation of the environment and natural resources. Courts ensure that environmental laws and climate-related commitments, such as pollution control, forest protection, and sustainable development standards, are effectively enforced through such lawsuits. Additionally, PILs are essential in holding the government and corporate sector responsible for actions that worsen the environment and accelerate climate change.Protecting intergenerational equity making sure that current development does not jeopardize the rights of future generations is another important goal of climate PILs. Indian courts have actively filled legislative and executive gaps in the absence of specific climate change legislation by relying on environmental statutes, international environmental principles, and constitutional provisions like Article 21. This has advanced climate-responsive justice in India.
LEGAL FRAMEWORK FOR CLIMATE LITIGATION IN INDIA
India’s legal basis for climate litigation is mostly derived from international agreements, environmental regulations, and constitutional restrictions. The foundation of PILs pertaining to climate change is the Constitution. According to court interpretation, the right to a clean, healthy, and pollution-free environment is a fundamental component of the right to life under Article 21. While Article 51A(g) puts a fundamental duty on citizens to maintain natural resources, Article 48A, a Directive Principle of State Policy, requires the State to protect and develop the environment. The Supreme Court and High Courts have the authority to consider PILs for the implementation of these environmental rights under Articles 32 and 226.
Furthermore, a number of laws, including the Environment (Protection) Act, 1986, the Air Act, the Water Act, the Forest Conservation Act, and the National Green Tribunal Act, 2010, provide statutory backing to climate lawsuits even if India does not have a dedicated climate change law. When interpreting local environmental obligations, Indian courts also look to international agreements like the Paris Agreement and the UNFCCC.
PUBLIC INTEREST LITIGATION AS A TOOL FOR CLIMATE JUSTICE
A unique judicial innovation in India, Public Interest Litigation (PIL) permits any public-minded person or organization to petition the courts for the protection of collective rights by relaxing the conventional locus standi theory. By facilitating the representation of impacted communities, marginalized groups, and even future generations who will endure the long-term effects of climate change, PILs are essential to the advancement of climate justice in the context of climate litigation. By forcing the State to enact environmental laws, climate policies, and international obligations, PILs also serve as an efficient means of ensuring governmental accountability. Furthermore, since courts regularly rely on expert reports, scientific studies, and environmental impact assessments, PILs offer a judicial forum for integrating environmental science into legal decision-making. Indian courts have adopted a liberal procedural approach, recognizing letters, committee reports, and expert views as legitimate filings in order to promote access to justice. This flexible approach improves climate-responsive adjudication and dramatically lowers procedural hurdles.
PROOF AND EVIDENTIARY STANDARDS IN CLIMATE PILS
Complex scientific, technological, and environmental data is used in public interest litigation related to climate change. Indian courts have taken a flexible, practical, and cautious approach to proof in recognition of these difficulties. In order to comprehend climatic consequences and ecological hazards, courts readily accept expert committee reports, statutory bodies’ conclusions, and environmental experts’ judgments. To evaluate prospective or current environmental harm, scientific research, environmental impact assessments (EIAs), and statistics on pollutant levels or emissions are commonly used. The precautionary principle, which requires that preventive action be taken even in the absence of total scientific knowledge, is a crucial judicial instrument in climate PILs. As a result, before giving relief, courts do not need complete proof of harm. Rather, the burden of evidence is frequently transferred to the developer, polluter, or project proponent, who must prove that their operations are safe for the environment and do not seriously or permanently harm the public’s health or the environment.
CASE LAWS
Rural Litigation and Entitlement Kendra v. State of U.P. (1985)
Recognizing environmental preservation as a component of the right to life, the Supreme Court mandated the cessation of limestone mining in the Doon Valley. The foundation for upcoming PILs pertaining to climate change was established by this case.
Subhash Kumar v. State of Bihar (1991)
The Court upheld Article 21 as the cornerstone of environmental and climate litigation by ruling that the right to enjoy clean air and water is part of the right to life.
M.C. Mehta v. Union of India (Oleum Gas Leak Case) (1987)
The Court evolved the principle of absolute liability for hazardous industries, strengthening accountability for environmental harm contributing to climate risks.
Vellore Citizens’ Welfare Forum v. Union of India (1996)
The precautionary concept and the polluter pays principle were officially acknowledged by the Supreme Court as components of Indian environmental law.
Narmada Bachao Andolan v. Union of India (2000)
The Court stressed environmental protection and sustainable development while approving the dam project, emphasizing the need to strike a balance between development and climate concerns.
CHALLENGES IN CLIMATE LITIGATION THROUGH PILS
The lack of a comprehensive climate change law, worries about judicial overreach, and ongoing gaps in the enforcement and implementation of court judgments are some of the difficulties facing climate litigation in India through PILs. Adjudication is made more difficult by scientific uncertainty and the scarcity of trustworthy climatic data. Furthermore, judges frequently find it difficult to strike a balance between urgent climate action and economic expansion. Notwithstanding these drawbacks, public interest litigation is still India’s most accessible and successful method of climate governance, allowing for court involvement to uphold environmental rights and advance sustainable development.
CONCLUSION
The judiciary’s dynamic and changing role in environmental governance is reflected in India’s climate litigation through PILs. Indian courts have addressed important policy gaps in climate control by incorporating international environmental concepts and extending constitutional rights. PILs have given citizens the ability to demand sustainable development, safeguard vulnerable communities, and pursue climate justice. Judicial involvement serves as a vital catalyst for climate accountability, even though it cannot take the place of legislative action. The future of climate litigation in India depends on strengthening institutional capacity, passing comprehensive climate laws, and guaranteeing efficient enforcement.
FAQS
Q1. What is climate litigation?
Legal activities intended to address the effects of climate change, enforce climate legislation, or hold governments and companies responsible for environmental harm are referred to as climate litigation.
Q2. Why are PILs important for climate litigation in India?
PILs make climate justice accessible and inclusive by enabling any public-minded individual to petition courts for environmental protection.
Q3. Is there a specific climate change law in India?
No, there isn’t a comprehensive climate change law in India at the moment. Environmental laws and constitutional requirements are relied upon by courts.
Q4. Can international climate agreements be enforced through PILs?
Although international accords are not directly enforceable unless incorporated, Indian courts frequently use them to interpret domestic law.
Q5. What is the future of climate PILs in India?
Climate PILs are anticipated to increase in number as climate dangers rise, advocating for greater responsibility, legislative changes, and the acknowledgment of climate rights.
