Supreme Court recognizes first-ever right to protection from climate change effects

In a landmark decision, the Supreme Court of India has acknowledged a fundamental right to be free from the adverse impacts of climate change, marking a significant legal milestone. The judgment, authored by Chief Justice of India DY Chandrachud, highlights the pivotal role of Articles 14 and 21 of the Indian Constitution in safeguarding this newly recognized right.

The Court's ruling highlights the importance of considering India's national and international commitments, scientific consensus on climate change, and the protection of affected communities' rights, including the right against displacement. This groundbreaking verdict emerged within the context of a larger issue concerning the conservation of the Great Indian Bustard (GIB), exacerbated by the collision of overhead transmission wires with the endangered species.

Furthermore, the Supreme Court has modified its previous directive regarding the undergrounding of power lines, acknowledging the need to balance environmental conservation efforts with India's international obligations to reduce its carbon footprint. A three-judge bench, comprising Justices JB Pardiwala and Manoj Misra, has constituted an expert committee tasked with examining the feasibility of installing overhead and underground power lines in priority areas for GIB conservation. The committee is expected to submit its report by July 31, 2024.

The Court's judgment reflects upon significant legal precedents, recognizing the right to a clean environment as an inherent part of Article 21 of the Constitution. It emphasizes the necessity of articulating a distinct right against the adverse effects of climate change, especially considering its disproportionate impact on vulnerable communities.

Drawing attention to the interconnectedness of climate change and human rights, the Court illustrates how environmental degradation exacerbates socio-economic inequalities, particularly affecting marginalized groups and indigenous communities. It underscores the imperative for India to uphold its international obligations under agreements like the Paris Agreement, emphasizing the need for collective action to mitigate climate change's adverse effects.

In advocating for a balanced approach, the Supreme Court emphasizes the importance of reconciling conflicting goals, such as GIB conservation and environmental protection, without compromising either objective. This nuanced stance reflects a commitment to holistic environmental stewardship while safeguarding the rights and well-being of present and future generations.