CLIMATE CHANGE LITIGATION: GROWING TRENDS IN INDIA
- ByAdmin --
- 29 Apr 2025 --
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Climate change litigation has emerged as a significant tool for addressing environmental concerns and holding both the government and corporations accountable for their role in the climate crisis. In India, the growing awareness of climate change and its adverse effects has led to an increase in climate-related lawsuits, both from individuals and environmental groups. This article explores the growing trends in climate change litigation in India, key legal provisions, and some landmark judgments.
1. What is Climate Change Litigation?
Climate change litigation refers to the legal processes through which individuals, organizations, and governments seek to address the impacts of climate change. These lawsuits typically involve claims related to:
- Failure to mitigate emissions: For instance, lack of action by the government or corporations to reduce greenhouse gas emissions.
- Failure to adapt to climate impacts: Legal action against parties failing to implement measures to cope with climate impacts, such as rising sea levels and extreme weather events.
- Violation of environmental rights: Claims based on the violation of fundamental rights due to environmental degradation caused by climate change.
2. Legal Framework for Climate Change in India
India’s legal framework for climate change is still evolving, but several laws and regulations have laid the foundation for climate change-related litigation.
Constitution of India: Article 21 and Right to Life
- Article 21 of the Indian Constitution guarantees the fundamental right to life and personal liberty, which has been interpreted by the courts to include the right to a healthy environment. This provision has been cited in various climate-related lawsuits, asserting that failure to address climate change threatens the right to life.
Environment Protection Act, 1986
- The Environment Protection Act is a significant piece of legislation that empowers the government to take steps for environmental protection, including regulating activities that contribute to climate change. Courts often use this Act in climate change litigation to enforce environmental safeguards and punish violators.
National Action Plan on Climate Change (NAPCC)
- In 2008, the Indian government launched the National Action Plan on Climate Change (NAPCC), which outlines various missions to address climate change, including renewable energy, energy efficiency, and sustainable agriculture. The NAPCC sets a framework for litigation related to government action (or inaction) on climate change.
The Paris Agreement
- India is a signatory to the Paris Agreement, a legally binding international treaty aimed at limiting global warming to below 2°C above pre-industrial levels. Indian courts have started referencing international climate agreements like the Paris Agreement in cases related to climate change mitigation.
3. Key Areas of Climate Change Litigation in India
1. Public Interest Litigation (PIL)
- Public Interest Litigation (PIL) has played a pivotal role in climate change litigation in India. PIL allows citizens or organizations to approach the courts on behalf of the public to address environmental concerns, including climate change.
- Notable Example: In M.C. Mehta v. Union of India (1987), the Supreme Court ruled on issues like air pollution and industrial discharge, which are closely tied to climate change. This judgment set a precedent for addressing environmental issues through PIL.
2. Accountability of Government and Corporations
- Citizens and environmental groups have filed lawsuits against the government and corporations for failing to adopt measures that mitigate the effects of climate change. For example, petitions demanding better enforcement of emission reduction targets or compensation for climate-induced damages have been filed in courts.
- Notable Case: The Delhi Air Pollution case (2019) involved the issue of the government’s responsibility to curb air pollution, which contributes to climate change. The court issued orders to reduce air pollution, highlighting the government's duty under the Constitution to protect the environment.
3. Adaptation Measures
- Climate change litigation in India also addresses the government’s failure to implement adaptation strategies to deal with the impacts of climate change, such as flooding, drought, and heatwaves.
- Notable Example: In The People’s Union for Civil Liberties v. Union of India (2018), the court ordered the government to take concrete measures to combat the effects of water scarcity in the country, a significant issue exacerbated by climate change.
4. Environmental Impact Assessments (EIA)
- The need for comprehensive Environmental Impact Assessments (EIA) before developmental projects is central to climate change litigation. The failure to properly evaluate the environmental impact of projects often leads to litigation, particularly when the projects contribute to deforestation, pollution, or environmental degradation.
- Notable Case: The case of Goa Foundation v. Union of India (2014) addressed the issue of illegal mining in Goa and its impact on the environment. This case underscored the need for proper EIA procedures to protect ecosystems vulnerable to climate change.
4. Landmark Judgments in Climate Change Litigation
1. Vellore Citizens Welfare Forum v. Union of India (1996)
- In this landmark case, the Supreme Court emphasized the need for sustainable development and the precautionary principle. The court directed industries to adopt cleaner technologies to minimize environmental harm, marking a significant step in addressing climate-related issues in India.
2. The Narmada Bachao Andolan Case (2000)
- This case, although focused on the construction of the Narmada Dam, raised significant concerns regarding environmental impact assessments and the responsibility of the government to ensure that such large-scale projects do not lead to irreversible environmental damage, including impacts from climate change.
3. Indian Council for Enviro-Legal Action v. Union of India (1996)
- This case reinforced the principle of Polluter Pays and established that corporations contributing to environmental harm must bear the costs of restoring damaged ecosystems, a principle crucial in addressing the effects of climate change.
5. Emerging Trends in Climate Change Litigation
The growing trend in India is a shift toward:
- Climate justice: More focus on the social and economic inequalities caused by climate change, with particular attention to marginalized communities.
- Increased involvement of NGOs: Organizations like Greenpeace India and the Centre for Environment and Development are increasingly filing lawsuits to hold both corporations and the government accountable.
- Integration with International Law: The Indian judiciary is beginning to reference international agreements such as the Paris Agreement to strengthen domestic climate-related legal arguments.
6. Challenges in Climate Change Litigation
Despite the growing trends, there are several challenges:
- Lack of legal recognition: Climate change is still not explicitly recognized in many areas of Indian law, making it difficult to hold violators accountable.
- Enforcement issues: Even when courts issue rulings on environmental matters, enforcement can be weak, especially when it comes to corporate entities with significant influence.
Conclusion
Climate change litigation in India has evolved significantly in recent years. It serves as an important tool for citizens and organizations to hold the government and corporations accountable for their role in the climate crisis. While challenges remain in terms of enforcement and legal clarity, the growing body of case law and the increasing involvement of the judiciary in climate-related matters suggest that climate change litigation will continue to play a crucial role in shaping India’s environmental future.
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