Remedies Against Climate Change Under Indian Environmental Law: Provisions, Principles, Cases and Procedure

Author: Bhavya Rathore, UFYLC, Jaipur, Rajasthan

Edited By: Gyanu Patel, Amity University Lucknow, U.P.

INTRODUCTION

“We are the first generation to feel the sting of climate change, and we are the last generation that can do something about it.”

– Jay Inslee

Is Climate Change happening? It’s funny people are still arguing about that. For they can’t see the melting glaciers, the rising sea levels, the marine heatwaves, the ocean stratification , the extinction of the species that we hold dear. For they have turned blind eye to the greatest existential threat that humans will ever encounter before they are wiped out from the face of the earth. Are humans doing something about it? Or maybe rephrase that: Are humans seeing this as a mere earthly phenomenon or as a catastrophic event whose prevention is the need of the hour. Well, that’s up for debate.

To put this in perspective if the Earth was formed at midnight modern humans have been around since 11:59:59pm—1 second. If the 4.5 billion of the existence of the Earth is to be seen in the form of a 24-hr clock, then human came into the picture for just 1 second and in that 1 second humans were able to destroy the Earth like never before. If this is not concerning that what might be included in the definition of the word ‘concern’.

Again, Climate change is often misunderstood as being about changes in the weather. In reality, it is more than just heat waves or irregular weather (that the generations are now experiencing or rather has experienced for a good number of years, but is yet acknowledge). It causes a significant change in the way we live our life.

What is more frustrating is that as human beings, we are vulnerable to confusing the unprecedented with the improbable. In our everyday experience, if something has never happened before, we feel safe in assuming it is not going to happen in the future, but the exceptions might be disastrous, and one of those exceptions is climate change.”

And as beautifully said by Frances Beinecke: “I have long understood that climate change is not only an environmental issue – it is a humanitarian, economic, health, and justice issue as well.”

Keywords: Climate Change. Environmental Laws. National Green Tribunal. Art, UNFCCC, IPCC.

MEANING, DEFINITION & EXPLANATION

“Climate change means a change of climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable time periods.”[1]

This is how the UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE define the term Climate Change. Another major convention the UNFCCC[2] defines it as:

“Climate change refers to a change in the state of the climate that can be identified (e.g., by using statistical tests) by changes in the mean and/or the variability of its properties and that persists for an extended period, typically decades or longer. Climate change may be due to natural internal processes or external forcings such as modulations of the solar cycles, volcanic eruptions and persistent anthropogenic changes in the composition of the atmosphere or in land use.”

To put it in simpler terms Climate change is a significant variation of average weather conditions, over several decades or more. It is for a longer-term and is used for a much wider context that differentiates it from natural weather variability.

COMPARISON WITH OTHER COUNTRIES

UK Climate Change Act is the perfect example. It has raised awareness and strengthened evidence-based policy-making. Other countries, for instance Denmark, France, Germany, Ireland, Mexico, New Zealand, and Sweden, have drawn inspiration from the UK’s approach.
New Zealand’s Climate Change Response (Zero Carbon) Amendment Act, 2019: It sets a target to reduce all GHGs net emissions to zero by 2050
Germany’s (2019) Climate Action Law sets a target for climate neutrality by 2050, sets sector-specific targets, and sets up an expert, independent climate commission to provide guidance.
France’s (2019) Law on Energy and Climate: That France’s (2019) Law on Energy and Climate sets a target of climate neutrality by 2050, while establishing an independent High Council on Climate tasked for advice and recommendations to the Government of France.
The list is endless majority of the countries of the world has taken a step though small towards the mitigation of the adverse effects of climate change. Compare it to India: there is no single law that is particularly concerned about climate change. Sure, we do have Environment Protection act among others but it is also important to note that environment and climate are the 2 sides of the same coin. (M.K. Ranjitsinh & Ors. v. UOI & Ors.)

LEGAL PROVISIONS

Since it clear that there is no umbrella legislation for Climate change, here are the separate laws and bodies that deal with environmental and ecological.

The Wildlife (Protection) Act, 1972:[3] This act provides provisions for the protection of the wild animals, birds, and plants to ensure the country’s ecological and environmental security.
The Water (Prevention and Control of Pollution) Act, 1974:[4] This act provides provisions for the accommodation of the control of water contamination and reestablishing of healthiness of water for the avoidance and control of water contamination.
The Air (Prevention and Control of Pollution) Act, 1981:[5] This act provides provisions for the accommodation of the counteraction, control and decrease of air contamination.
The Environment (Protection) Act, 1986: [6] This act provides provisions for the accommodation of the security and improvement of climate and related issues. It was enacted to achieve the 1972- Stockholm declaration.
The Energy Conservation Act, 2001:[7] ” This act provides provisions for effective utilization and preservation of energy.
Biological Diversity Act 2002:[8] This act provides provisions for the protection of natural variety, fair and impartial sharing of the advantages emerging out of the utilization of organic assets, information. It was implemented to give effect to CBD (Convention on Biological Diversity), Nagoya Protocol.
The National Green Tribunal Act, 2010:[9] This act provides provisions for the foundation of a Public Green Council for the successful and quick removal of cases connecting with ecological insurance. It was laid out in simultaneousness with Rio Culmination 1992
NGT manages the civil cases under the 7 acts:
- Water (Prevention And Control Of Pollution) Act, 1974
- Water (Prevention And Control Of Pollution) Cess Act, 1974
- Air (Prevention And Control Of Pollution) Act, 1977
- Forest Conservation Act, 1980
- Environmental Protection Act, 1986
- Public Liability Insurance Act 1991
- Biological Diversity Act, 2002
These are what included in the environment laws in India however none of the above mentioned ‘laws’ subsumes climate change and its impact extensively and there exist no law or a body that focuses and addresses climate change solely.

REMEDIES

Constitutional
- imposes a duty on the State for the Protection and improvement of environment and safeguarding of forests and wild life.
- 51A(g)imposes duty on the citizens of India for the Protection and improvement of environment and safeguarding of forests and wild life.
National Green Tribunal
- Sec 22 of NGT Act 2010: Appeal to Supreme Court within 90 days by any person aggrieved by any award, decision or order of the Tribunal

PROCEDURE

The National Green Tribunal provides an expeditious and effective remedy for environmental matters.
The Right to Information Act enables citizens to access information on environmental issues from public authorities.
Public Interest Litigation allows individuals and organizations to file cases for environmental protection in the public interest.

REGULATIONS

NAPCCC: The National Action Plan on Climate Change (NAPCC) was released by the Prime Minister on 30th June 2008. It plans out a centralised strategy to enable the country to adapt to the adverse effects of climate change and enhance the sustainability of ecology. This includes 8 National Missions focussed on promoting the critical understanding of climate change, adaptation and mitigation, energy efficiency and natural resource conservation. For example: National Solar Mission and National Water Mission

CASE LAWS

In a very recent judgement of K. Ranjitsinh & Ors. v. UOI & Ors.[10] The Supreme Court recognised a new fundamental right, i.e., right against effects of climate change which empowers the citizens of the nation against climate change impacts as well as puts an equal obligation on the state to protect this very right of the citizens. The relevant lines of the judgment are as under-

“Despite a plethora of decisions on the right to a clean environment, some decisions which recognise climate change as a serious threat, and national policies which seek to combat climate change, it is yet to be articulated that the people have a right against the adverse effects of climate change. This is perhaps because this right and the right to a clean environment are two sides of the same coin. As the havoc caused by climate change increases year by year, it becomes necessary to articulate this as a distinct right. It is recognised by Articles 14 and 21.”

“Despite governmental policy and rules and regulations recognising the adverse effects of climate change and seeking to combat it, there is no single or umbrella legislation in India which relates to climate change and the attendant concerns.”

In the cases of Ridhima Pandey v. UOI[11], Gaurav Kumar Bansal. v. Union of India & Ors.[12], the petitioners highlighted that the current pace of climate change laws is not sufficient and the ill implementation of existing policies posed a major threat.
In C Mehta v. Union of India[13], the Supreme Court ordered the closure of polluting industries and imposed fines for environmental damages.
In Vellore Citizens’ Welfare Forum v. Union of India[14], the Court recognized the two essential principles of precautionary principle and polluter pays as an essential part of Indian environmental jurisprudence.
In Intellectual Forum, Tirupathi v. State of A.P[15]., the Court held that the state has a duty to protect natural environment and resources for present and future times.

CONCLUSION & COMMENTS

Considering all the facts and provisions it would not be a lie to say that India still has some things to do off of its check list, and to make the place liveable for the future generation. But as they say it is better to have some than none, India has undeniably taken numerous step in the past to address the elephant in the room. All the rights, duties, and legal provision has ideef made an impact in the right direction.

REFERENCES

Books / Commentaries / Journals Referred
- Agarwal A., & Narain S. (2019). Global warming in an unequal world: A case of environmental colonialism.
Online Articles / Sources Referred
- “Glossary — Global Warming of 1.5 oC” (Global Warming of 1.5 oC) <https://www.ipcc.ch/sr15/chapter/glossary/> accessed August 1, 2024
- <https://unfccc.int/process-and-meetings/what-is-the-united-nations-framework-convention-on-climate-change> accessed August 1, 2024
- “Climate Change” https://education.nationalgeographic.org/resource/climate-change/
Cases Referred
- K. Ranjitsinh & Ors. v. UOI & ors 2024 INSC 280
- Ridhima Pandey v. UOI (OA NO. 187/ 2017)
- Gaurav Kumar Bansal. v. Union of India & Ors OA No. 498 of 2014
- C Mehta v. Union of India 1987 AIR 1086
- Vellore Citizens’ Welfare Forum v. Union of India AIR 1996 SUPREME COURT 2715
- Intellectual Forum, Tirupathi v. State of A.P AIR 2006 SUPREME COURT 1350
Statutes Referred
- Constitution of India National Green Tribunal Act, 2010
- Environment (Protection Act), 1986
- Wildlife (Protection) Act, 1972
- Water (Prevention and Control of Pollution) Act, 1974
- Air (Prevention and Control of Pollution) Act, 1981
- Energy Conservation Act, 2001
- Biological Diversity Act 2002
- Forest Conservation Act, 1980