'Protection from climate change part of right to life'

The Supreme Court of India, on April 5, recognised that citizens have a right to be free from the adverse effects of climate change, saying it is intertwined with the fundamental rights to life and equality. Here are the key arguments articulated by the three-judge bench of Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra in their judgement

- YOGENDRA ANAND

INDIA’S EFFORTS to combat climate change are manifold. Parliament has enacted the Wild Life (Protection)Act 1972, the Water (Prevention and Control of Pollution) Act 1974, the Air (Prevention and Control of Pollution) Act 1981, the Environment (Protection) Act 1986, the National Green Tribunal Act 2010, amongst others. In 2022, the Energy Conservation Act 2001 was amended to empower the Central Government to provide for a carbon credit trading scheme... 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.

However, this does not mean that the people of India do not have a right against the adverse effects of climate change.