RIGHT TO A FUTURE

The apex court has made an 'observation' on the right to be free from the adverse effects of climate change. Can this pave the way to a cleaner future?

- BHAVINI MISHRA & SHREYA JAI

What would it mean to have a legislation on climate change? A law that gives citizens the right to demand clean air and water, sustainable development, and balanced ecology. A legal tool to empower the citizens to ask for a less-carbon future. A legal subsection that can better the life of species, in addition to humans.

A recent observation by the Supreme Court in a case that argued the pros of solar power plants against the rights of an endangered bird in Rajasthan seeks to raise similar questions. In the case of M K Ranjitsinh & Ors v Union of India, it is the first instance where the Supreme Court has mentioned the "right to be free from the adverse effects of climate change." The Court ruled in favour of the solar industry.

Rights and wrongs

This has started a debate among the factions of law, legislature and environment protection. A right to climate change under the country's Constitution was not recognised by the founding fathers, but they did stipulate the "right to life' under Article 21. Citing the same section, the SC said: "As the havoc caused by climate change increases year by year, it becomes necessary to articulate this as a distinct right." The articulation of a fundamental right in the context of climate change -sourced from both the right to equality in Article 14 and right to life in Article 21 is extremely significant.

"It is likely to be considered a strong precedent for future litigation where climate change issues are raised. The Court has worded the right quite broadly and it can be invoked in a variety of cases, whether those raising concerns relating to adaptation to climate impacts or making demands for mitigating causes contributing to climate change," says Shibani Ghosh, an environment lawyer and researcher.