Supreme Court Grants New Fundamental Right: Right Against The Adverse Effects Of Climate Change Explained

The Indian Constitution guarantees a set of rights to all citizens for their well-being and development, however, it still remains a debate to what extent are people able to enjoy those fully. Meanwhile, in a landmark judgement, the Supreme Court of India extended the scope of Articles 14 and 21 of the Constitution and introduced an additional fundamental right for Indian citizens.

Right Against The Adverse Effects Of Climate Change

The new fundamental right is an addition to Articles 14 (right to equality) and 21 (right to life). The Supreme Court recently observed that the damage caused by climate change increases every year which is why it was necessary to have a clear distinct right. The judgement came after a case that was linked to the survival of the endangered Great Indian Bustard species. Following the case, Chief Justice Chandrachud shared that the right to life and equality can't be fully realised without a clean and stable environment, thus the introduction of the fundamental right. 

Supreme Court Judgement Explained 

• The judgement highlighted that the right to health is a key part of the right to life guaranteed to Indian citizens under Article 21. 
• Different factors such as air pollution, rising temperatures, vector-borne diseases, droughts, shortages in food supplies due to crop failure, storms, and flooding impact public health significantly. 
• Not being able to cope with these climate changes violates the fundamental rights of citizens - the right to life and the right to equality.
• Poorer communities bear the brunt of the adverse effects of climate change. They suffer because of acute water and food shortages. 

• The Supreme Court stressed the connection between climate change and human rights including the right to health, indigenous rights, gender equality, and the right to development. 
• Due to the violation of the right to a healthy environment, human rights are affected in general including access to water, housing, the right to health, and personal integrity among others. 
• The judgement also acknowledged that the violations also affect women and girls due to the deeply ingrained gender roles since they spend more time on domestic chores and unpaid care work. 

How Solar Power Can Help?

The Supreme Court emphasised the role of solar power in helping combat the negative impacts of climate change. Here's a breakdown of the factors highlighted:

• India has a big share in the global energy demand growth. 
• The increase in air pollution in the country calls for cleaner energy sources. 
• Sustainable energy solutions will play a key role in decreasing annual rainfall and groundwater levels in the country.

• With an annual receipt of about 5,000 trillion kWh of solar energy, India has a vast solar energy potential.
• Recently, there has been significant progress in India's renewable energy sector.
• Switching to renewable energy will help preserve the environment and give many social and economic benefits.

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Understanding The New Right From A Legal Expert’s POV 

“The Hon’ble Supreme Court has recognised a right to be free from the adverse effects of climate change as a distinct right. The Court noted that Articles 14 (equality before law and the equal protection of laws) and 21 (right to life and personal liberty) of the Indian Constitution are important sources of this right. The issue essentially stems from the deaths of the Bustards due to the collision with overhead transmission wires installed at solar panel projects,” said Siddharth Chandrashekhar, Advocate and Legal Counsel at Bombay High Court.

“India is very unique in the sense that it can no longer be called a Developing Economy but is neither a fully Developed Economy either however we still need to place great emphasis on climate responsibilities under international law. For instance, the Court mentioned the United Nations Framework Convention on Climate Change/ Paris Agreement, which acknowledges how climate change is connected to different human rights,” he added. 

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He observed, “They noted that it was imperative for a country like India to uphold their obligations under international law, including their responsibilities to mitigate greenhouse gas emissions and protect the fundamental rights to live in a healthy and sustainable environment. However, this is not to say that no challenges are being faced by India in this process. These observations of the court are part of the same decision where an expert committee was constituted to examine the scope, feasibility, and extent of installing overhead and underground power lines in areas considered 'Priority' for the conservation of the Great Indian Bustard.”

“It is welcoming to see how painstakingly our Apex Court has sought to strike a balance between conserving the wildlife and conserving the environment, as both must be maintained as one cannot be foregone at the cost of another. It rightly stated that all relevant stakeholders including the government need to ensure that both goals are met without one compromising the other,” he concluded. 

As of now, India has no specific legislation directly addressing climate change concerns. However, with the recent introduction of the right against the adverse effects of climate change by the Supreme Court, we can only hope that it will contribute positively towards building a cleaner and safer environment for everyone. What do you think? Share your thoughts in the comments section below.