TAG: GS 2: POLITY, GS 3: ECOLOGY AND ENVIRONMENT
THE CONTEXT: In a groundbreaking judgment, the Supreme Court of India has recognized the right against the adverse effects of climate change as a distinct fundamental right within the framework of the Indian Constitution.
EXPLANATION:
- Chief Justice eloquently articulated that this right, while closely intertwined with the right to a clean environment, deserves explicit acknowledgment due to the escalating havoc wreaked by climate change.
- This assertion aligns with the ethos of Articles 14 (right to equality) and 21 (right to life), underpinning the core principles of justice and dignity enshrined in the Constitution.
Interplay of Fundamental Rights
- The Supreme Court astutely linked the right against climate change to the foundational principles of Articles 21 and 14.
- By emphasizing that the rights to life and equality inherently necessitate a clean and stable environment, the judiciary underscores the indivisibility of human rights and environmental protection.
- It elucidated that the right to health, a vital component of Article 21, is imperiled by climate change-induced phenomena such as air pollution, vector-borne diseases, and extreme weather events.
- The judgment cogently argues that the inability of marginalized communities to adapt to climate change infringes upon their right to life and equality, exacerbating existing socio-economic disparities.
Holistic Approach to Climate Change and Human Rights
- Furthermore, the court adopted a holistic approach, recognizing the intricate nexus between climate change and a plethora of human rights, including health, indigenous rights, gender equality, and the right to development.
- This enlightened perspective underscores the universality and interconnectedness of human rights, emphasizing that environmental degradation disproportionately affects marginalized and vulnerable communities.
- By delineating the right to a healthy environment as a fundamental human right, the judiciary aptly underscores its commitment to safeguarding the dignity and well-being of all citizens.
Solar Power as a Panacea
- In addressing the urgent imperative of mitigating climate change, the court extolled the virtues of solar power as a sustainable solution.
- India’s ambitious goal to achieve 500 GW of non-fossil-based electricity generation capacity by 2030 reflects a paradigm shift towards renewable energy sources.
- The court cogently argues that harnessing India’s vast solar potential not only mitigates environmental degradation but also fosters socio-economic development.
- By reducing reliance on fossil fuels, India enhances its energy security, curbs air pollution, and catalyzes sustainable growth, thereby reaping multifaceted benefits for its citizens.
Policy Imperatives and Legislative Lacunae
- While acknowledging governmental efforts to combat climate change through policies and regulations, the judgment underscores the absence of comprehensive legislation specifically addressing climate change in India.
- However, the judiciary unequivocally affirms that the absence of a dedicated legislative framework does not negate the inherent right of citizens to be protected against the adverse effects of climate change.
- This assertion reiterates the judiciary’s role as the custodian of constitutional rights, ensuring that the imperatives of environmental protection are enshrined within the legal framework.
