THE CONTEXT: The significant legal rulings in Switzerland and India that recognize the impacts of climate change as a violation of human rights. The European Court of Human Rights decision against Switzerland for inadequate emission controls and the Supreme Court of India’s ruling align the right to be free from adverse climate impacts with constitutional rights. The latest climate data from the World Meteorological Organization emphasizes 2023 as a record-breaking year for climate extremes.
ISSUES:
- Recognition of Climate Change as a Fundamental Right: The Supreme Court of India’s landmark ruling acknowledges climate change as intricately linked with fundamental rights, particularly the rights to life and equality under Articles 14 and 21 of the Indian Constitution. This decision sets a precedent for legal accountability in climate action and emphasizes the need to address climate change impacts from a rights-based perspective.
- Economic and Social Impacts of Climate Change: The severe economic and social consequences of climate change in India include an 8% loss of GDP in 2022 and the projection of significant job losses by 2030. The report also points out the vulnerability of specific communities, such as forest dwellers and indigenous populations, to climate-related disasters.
- Global Climate Litigation Trends: The European Court of Human Rights decision against Switzerland found the government’s actions to curb emissions inadequate and violated the rights of a group of elderly women. This reflects a growing trend of climate litigation, where courts are increasingly recognizing climate change as a human rights issue.
- India’s Climate Action and Vulnerability: Despite its progress in decoupling emissions from economic growth and achieving some of its Nationally Determined Contribution (NDC) targets, India remains highly vulnerable to climate-induced disasters, which affect over 80% of its population. This vulnerability underscores the importance of integrating climate action into legal and policy frameworks.
- Potential for Legal and Policy Innovations: The Supreme Court’s observation could lead to adopting an overarching climate change regulation in India, enhancing state capacities and promoting a more rights-based approach to climate action. The effectiveness of climate change framework laws was analyzed in 60 countries in the Global South and the Global North, and there is a potential for similar legislation in India.
- Inter-sectoral Collaboration and Rights-based Approaches: Integrated approaches to climate action involving government, private sector, and civil society are needed. For example, the One Health initiative suggests expanding rights-based approaches to climate action in the private sector’s core operations.
- Empowerment of Citizen Groups and Civil Society: The Supreme Court’s decision could empower citizens and civil society organizations to engage in a rights-based dialogue on environmental, biodiversity, and climate action. It emphasizes the need for consensus-building to address tensions between climate mitigation and conservation efforts.
- Cultural and Legal Recognition of Nature: The Madras High Court’s declaration of ‘Mother Nature’ as a living being with legal status reflects India’s cultural tradition regarding nature as a living entity. This legal recognition could contribute to efforts to restore the planet’s health and protect people’s rights against the impacts of climate change.
THE WAY FORWARD:
- Adoption of Comprehensive Climate Laws: The landmark rulings in Switzerland and India underscore the necessity for robust legal frameworks integrating human rights and environmental protection. Countries should adopt comprehensive climate laws that not only set ambitious emission reduction targets but also ensure the safety of vulnerable populations from the adverse impacts of climate change. For instance, the UK’s Climate Change Act sets legally binding carbon budgets that cap the amount of greenhouse gases the UK can emit over five years. Other nations could adopt similar legislation to ensure systematic and accountable climate action.
- Promoting Intersectoral Collaboration: The One Health initiative in India is a prime example of interministerial collaboration that could be replicated globally. This approach brings together various sectors, including health, environment, and agriculture, to address climate change and health issues holistically. Expanding this model could involve integrating climate change mitigation strategies into all aspects of government planning and operations, thereby ensuring a unified response to the climate crisis.
- Engaging the Private Sector: Private sector involvement is crucial for advancing climate action. Businesses should be encouraged to adopt sustainable practices and develop green technologies. Incentives such as tax breaks, subsidies, or public recognition programs could be used to encourage companies to reduce their carbon footprints. Additionally, integrating a rights-based approach into business operations, such as through human rights-compliant supply chains, can ensure that corporate actions contribute positively to climate goals.
- Empowering Civil Society: Civil society organizations are pivotal in advocating for and implementing climate solutions. Supporting these organizations through grants and partnerships can enhance their capacity to mobilize communities, influence policy, and hold governments accountable. Furthermore, fostering a rights-based dialogue on climate action can help address potential conflicts, such as those between conservation efforts and infrastructure development, ensuring that solutions are both environmentally sustainable and socially equitable.
- Enhancing Community Resilience: Adopting India’s localization model for the Sustainable Development Goals (SDGs) to climate action can significantly improve community resilience. This involves integrating climate action plans into local governance frameworks, ensuring local authorities are equipped and empowered to implement these plans effectively. Community-based adaptation strategies should be developed to address the specific vulnerabilities of local populations, taking into consideration local knowledge and practices.
THE CONCLUSION:
Addressing climate change as a human rights issue requires a multifaceted approach involving legal reforms, intersectoral collaboration, community engagement, and public education. Strengthening legal frameworks, enhancing public sector capacity, promoting private sector involvement, and empowering civil society can make significant progress in safeguarding human rights in the face of climate change. These strategies address the immediate impacts of climate change and contribute to our planet’s long-term sustainability.
UPSC PAST YEAR QUESTIONS:
Q.1 Effectiveness of the government system at various levels and people’s participation in the governance system are interdependent.” Discuss their relationship with each other in the context of India. 2016
Q.2 The Intergovernmental Panel on Climate Change (IPCC) has predicted a global sea level rise of about one meter by AD 2100. What would be its impact in India and the other countries in the Indian Ocean region? 2023
Q.3 Explain the purpose of the Green Grid Initiative launched at the World Leaders Summit of the COP 26 UN Climate Change Conference in Glasgow in November 2021. When was this idea first floated in the International Solar Alliance (ISA)? 2022
Q.4 Describe the significant outcomes of the 26th session of the Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC). What are India’s commitments at this conference? 2021
MAINS PRACTICE QUESTION:
Q.1 Discuss the implications of recent judicial decisions on climate change in India and Switzerland, highlighting the judiciary’s role in addressing the climate crisis as a human rights issue.
SOURCE:
https://www.thehindu.com/opinion/lead/restoring-earths-right-to-good-health/article68095504.ece
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