ENVIRONMENTAL LAW AND CLIMATE CHANGE IN INDIA

ABSTRACT

The delicate equilibrium between human life and the environment must not be strayed. Everyone must be aware of his environmental condition. The legislative meaning of Environment includes Water, Air, Land and it’s interrelationship. The interaction of these elements with human defines the environmental condition. This vital relation makes a legislation on this sphere where it enshrines how environment must be protected. Often, the life giving environment is destroyed by the natural beings itself, making their own existence difficult. How humans should regulate their interaction with their habitat is the main purpose of Environmental Law. Climate change is one of the foremost dilemma in environmental law. Humans and their activities have been the driver along with other natural factors. International Organization defines Climate Change as persistent shifts in temperatures and weather patterns. This Article contributes and express the different perspective of climate change and it’s regulation in The Constitution of India as well as Environmental Law.

INTRODUCTION

The Earth is expanding it’s growth in every sphere, even in population, industrial, economic, technological advancements or rather to be more precise, these are the driven factors that is depleting our environment. As human wants are unlimited and the resources to satisfy these endless wants are limited and scarce and they are verging to a state of extinction. The deeds of humans apart from natural factors is becoming a serious threat to their own existence and other habitats including birds, animals, fisheries, wildlife, rivers and so on. India is on top in population growth surpassing China, the current population amounts to 1.44 billion. As the population increases, the demand for most essential resources are augmented putting compression on ecosystem, indigenous species of flora and fauna amounts to environmental depletion . larger the population more energy consumption ,leads to emissions of greenhouse gases. Biodiversity loss has cascading implication on ecosystem and resilience to climate change. Despite India having sufficient environmental laws, frail enforcement mechanism and other reasons are hindrance to protect environment. The National Capital throughout the year is a victim of environmental problems, the severe climate change being the most prominent factor. The heatwave experienced by the capital crosses 50 degree Celsius, leading to fatal death of people along with the poor air quality. Dusty and foggy atmosphere is harming the health of Delhi residents. Besides National Capital, Phalodi in Rajasthan , Haryana’s Narnaul, Punjab’s Faridkot and other central and western peninsular parts face the worst heat waves in 2024. The Government of India ensures protection by establishing several constitutional and institutional reforms.

CONSTITUIONAL FRAMEWORK FOR ENVIRONMENT PROTECTION

Originally, any direct provision for environment protection was not laid down by Constitution of India. The Indian Constitution made it as a mandate to protect environment after the United Nations Conference on Human Environment, held in 1972.

Directive Principles of State Policy

There are duties to be performed by State is mentioned in Part IV-A of the Indian Constitution. As a duty as well as a direction given to the state to protect environment was laid in the Directive Principles. Article 48-A mentions that, “ The state shall endeavour to protect and improve the environment and to safeguard the forest and wildlife of the country”.

Fundamental Duties

The Constitution not only directed the state to perform specific duties, it also incorporated duties to be performed by citizens as well . In order to attain their Right they have a duty to perform for the welfare of the society. These are the Fundamental Duties mentioned in Part IV of the Indian Constitution. The forty-second amendment added Clause(g) to fundamental duties that, “ It shall be the duty of every citizen of India to protect and improve the natural environment, including forests, lake, river and wildlife and to have a compassion for living creatures”.

Fundamental Rights

The basic rights under Article 21, states that “ No person shall be deprived of his life or personal liberty except according to procedure established by law”.

LEGAL PROVISION FOR PROTECTION OF ENVIRONMENT

India has a comprehensive legal apparatus with over two hundred environmental protection laws.

The Wildlife (Protection)Act , 1972

This is an important piece of legislation to protect and conserve wildlife. Key provisions of the Act includes prohibition of hunting except under specific situations, central and state government can establish national parks and wildlife sanctuaries. It conserve rick biodiversity and protect indigenous species.

Water (Prevention and Control of Pollution)Act,1974

This Act focuses on controlling water pollution, preserve water bodies from pollutants, establishing pollution control boards and imposes penalties for violations of provisions.

Forest (Conservation)Act,1980

This Act was enacted to conserve forests and deals with deforestation issues, it restricts on dereservation , no forest land can be used for non-forest purposes, and also imposes penalties.

Air (Prevention and Control of Pollution)Act,1981

This Act was the first concrete step taken to combat air pollution. The Act provides guidelines for emissions, control and prevention of air pollution.

Environment Protection Act,1986

This is the foremost important legislation enacted by parliament as a response to Bhopal Gas Tragedy. The key provisions include, the definition of Environment, Hazardous substance, and so on. The Act implements the decisions opined at the Stockholm conference.

The National Green Tribunal Act,2010

This establishes a tribunal to resolve environmental protection cases.

ENVIRONMENTAL LAW AND CLIMATE CHANGE

United Nations defines Climate Change as persistent shifts in temperatures and weather patterns. According to UN’s International Fund for Agriculture Development “climate change could push more than 100 million people into poverty increase due to climate effects on agriculture.”

Apart from natural factors like changes in the sun’s activity or volcanic eruptions if we see human activities since 1800s, burning fossil fuels have been the main drivers of climate change. Climate Change and Environmental Law are closely intertwined in several ways as of mitigation, law regulates emissions of green house gases to save climatic changes, law also set adaptation of several legal frameworks as managing and conserving resources to tackle extreme weather events. Environment Law gives emphasis to renewable energy for combating tough climate variations. Environment law gives special attention to safeguard ecosystems and endangered species. The main idea of the Act was to give Environment Justice apart from human justice and also to cope up with international agreements.

THE BIRD THAT CARRIED NEW WING TO FUNDAMENTAL RIGHT

The Supreme Court of India delivered a historic verdict on Climate Change in M.K Ranjitsinh and others v. Union of India regarding the protection of Indigenous Bird species ,the great Indian bustard and the lesser florican which is on the red list of IUCN. It addressed ‘Right against Climate Change’ that is , right to be free from the extreme climate changes and it’s effects and made it as a constitutional mandate. This right was specified under Article 21 and Article 14. These rights cannot be exercised and realised without a pure environment.

This judgement was a significant progress for the evolution of constitutional climate litigation in India. This case also highlights the contradicting demands of a developing nation to progress on one hand and the loss of biodiversity on the other hand. The Apex Court was approached by this case regarding the survival of the Indigenous Great Indian Bustard. These birds are protected under Part III of schedule 1 of the Wild Life (Protection Act)1972. A Committee was set up to deal and study that Bird species in Gujarat and Rajasthan face several problems when their natural habitat and flight routes intersect with power transmission lines. These can cause collision, electrocution, disruption in habitat and making them to a state of extinction. Court observed that Right to Health is hindered by water pollution, poor air quality index , water-borne diseases ,heatwaves, flood. It was stated that , “The inability of underserved communities to adapt to climate change or cope with its effects violates the right to life as well as the right to equality… 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 judgment said”.

In April 2021, the Court restricted on overhead transmission lines for that a committee was setup and low voltage power lines were instructed to be laid underground and for those lines which already exists , bird diverters were installed.

In April 2024, the judgement placed identifying as “priority areas” of 13,663square km and “potential areas “of 80,680 square km and “additional important areas” of 6,654 square km for the great Indian bustard. This case gave emphasis to environmental and climate justice. It also widened the horizon of Article 14 and 21 and included “right to clean environment”.

ENSURING THE RIGHT TO BE FREE FROM THE EXTREME EFFECTS OF CLIMATE CHANGE

The topmost reason was due to increasing vulnerability and threats posed by climate change . Change in patterns of floods, extreme rainfall, extreme hot and heatwaves, sunburn in summer season and extreme foggy, cold in winter season along with poor air quality index and the risk to Indians posed by global warming are the driving factors. The environmental degradation and adverse transition in climate makes the lives of poorer communities more vulnerable than the richer as all these leads to acute shortage of essentials in specific areas. In order to reduce disaster risk and protect health this right was essential.

ENVIRONMENTAL CASE LAWS.

Indian Judicial System , have given immense emphasis to protect environment and also punished the violators. In environmental case laws, M C. Mehta popularly known as the “Green Avenger of India” always stoop up for environmental issues in India and filed several PIL’s also. Some of the judgements are:-

Union Carbide Corporation v. Union of India

The Bhopal gas leak case where the tragedy occurred by leaking od methyl isocyanate from Union Carbide India Limited. This tragedy led to the enactment of Environment Protection Act,1986.

MC Mehta v. Union of India (1987)

This case is also known as Oleum Gas Leak Case . This case included the right to a pollution free environment under the ambit of Article 21. In this case the principle of strict liability was moulded according to Indian scenario by enacting a new rule of Absolute liability . The leaking of Oleum gas from the sulphuric acid plant from Shri Ram Food and fertilizers is a subsidiary of the Delhi cloth mills resulting in the death of an advocate of Tiz hazari court . This is one of the leading case for environmental protection and the court directed the central government to establish and Environmental Court.

Vellore Citizens Welfare Forum v. Union of India (1996)

In this case the Apex Court recognised the “precautionary Principle” and the ‘Polluter Pays Principle” as the vital essence of Indian Environmental Law.

MC Mehta v. Union of India (1997)

Taj Mahal preservation case , the court directed the closure of nearby industries operating near Taj Mahal, which is destructing the monument. Court emphasised on the need of sustainable development and preserving of cultural heritage.

Bombay Environmental Action Group v. State of Maharashtra

The Action group filed writ petition to challenge the central and state government’s permission for constructing a 500MW thermal power station in Thane District, it violates environmental norms. Court found that the environment clearance given by the ministry was against environmental norms.

ANALYSIS

Environmental law act as a source of environment justice. It enables and explains the provisions to protect our environment. It is a framework for promoting sustainable development goals and preserving ecosystem and protection biodiversity. Climate change is a menace to environmental law. Thus, tacking adverse climate change effects is protecting the environment and climate for future generations.

CONCLUSION

Climate change is a menace to society and exacerbates inequality. Environmental law must play a wider role in promoting transformative change and addressing climate challenges. A paradigm shift is necessary in environmental law and to keep a pace with changing dynamics. Balancing a dynamic equilibrium between climate change and environmental values is the path of human rights. Thus, in order to address various climate and other environmental issues and innovative legal approach is necessary.

Author: Aiswini R Pillai , a student at Lloyd Law College, Greater Noida

FAQs

What is ‘Right Against Climate Change”?

Ans-Right to be free from the extreme climate changes and it’s adverse effects.The Constitution now guarantees right to be free from variant climate changes under Article 21 and 14. This was added by the Hon’ble Supreme Court in the case M.K Ranjitsinh and others v. Union of India.

How Supreme Court expanded the scope of Article 21 and 14 by including environment Justice?

Ans- On April 2024, Supreme Court added one more horizon under fundamental rights specially under Article 14 and 21. The Right Against Climate Change was added under Article 14 and 21, it was added to include environment justice and to protect the two critically endangered birds , the great Indian bustard and the lesser florican species.

What are the legal framework adopted by legislature in environment protection?

Ans- India has a exhaustive legal framework with over two hundred environmental protection laws.