Supreme Court: Right Against Climate Change Now Fundamental

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Supreme Court Recognizes Right Against Climate Change as Fundamental Right

The Supreme Court of India has delivered a landmark judgment on 6th April, 2024, that expands the scope of Articles 14 and 21 to include the right against the adverse effects of climate change. The three-judge bench, led by Chief Justice D Y Chandrachud, held that the rights to life and equality are important sources of the right to a clean environment and the right against climate change.

It now imposes a legal obligation on the state to take effective measures to mitigate climate change and protect citizens from its adverse effects, in line with the directive principles under Articles 48A and 51A(g) of the Indian Constitution.

Climate Change Impacts Fundamental Rights

The court noted that climate change impacts the right to health, which is part of the right to life under Article 21. Factors such as:

Air pollution
Shifts in vector-borne diseases
Rising temperatures
Droughts
Food shortages
Storms and flooding

violates the rights to life and equality, particularly for underserved communities.

Implications of the Judgment

The recognition of the right against climate change as a fundamental right has significant implications:

Imposes a legal obligation on the state to mitigate climate change
Paves the way for increased climate change litigation as citizens and activists seek to hold the government and corporations accountable for their actions and inactions on climate change
Strengthens the case for more ambitious climate policies and commitments

Key Takeaways of the SC Judgment

The Supreme Court’s judgment highlights several key points:

The right against climate change is a distinct fundamental right under Articles 14 and 21
A clean, stable environment is necessary for realizing the rights to life and equality
The Constitution recognizes the importance of the environment through Articles 48A and 51A(g)
Underserved communities are disproportionately affected by climate change

Expanding the Scope of Articles 14 and 21

The Supreme Court’s judgment also expands the scope of Articles 14 and 21 by:

Recognizing the right against climate change as a fundamental right
Linking climate change to the enjoyment of rights to life, health, and equality
Creating a pathway for citizens to seek legal recourse against the adverse effects of climate change

Significance of the Judgment

The Supreme Court’s judgment is significant because it:

Elevates the importance of the right against climate change
Establishes a clear link between climate change and fundamental rights
Highlights the disproportionate impact on underserved communities
May catalyze the development of a comprehensive legal framework to address climate change in India

The recent Supreme Court judgments in India demonstrate the power of the judiciary in holding governments and corporations accountable for their contributions to climate change and their failure to take adequate action to mitigate its impacts.