By Obiabin Onukwugha
The Supreme Court of India recently gave climate justice the much-needed spotlight it deserves. This groundbreaking judgement builds upon existing environmental jurisprudence in India, where the right to a clean environment has been previously recognised under Article 21 of the country.
The court, in the unprecedented landmark ruling in the case of M.K. Ranjitsinh & Ors. v. Union of India & Ors., expanded the interpretation of the Right to Life (Article 21) and the Right to Equality (Article 14) to include protection against the adverse effects of climate change.
The ruling, which was delivered in March this year, emphasised that the detrimental impacts of climate change infringe upon citizens’ fundamental rights. It further necessitated judicial and legislative actions to safeguard environmental health.
Judicial analysts have reasoned that the ruling sets a legal precedent for increased climate litigation in India, enabling citizens to approach constitutional courts to address climate-related grievances. It also strengthens public participation in environmental governance, ensuring that governmental bodies and private entities adhere to their environmental responsibilities, thus fostering greater accountability and proactive measures to combat climate change.
Related Posts
Wildlife conservationist, M.K. Ranjitsinh, had filed a petition seeking to protect the critically endangered Great Indian Bustard from collisions with overhead power lines in Rajasthan and Gujarat. In the ruling, the supreme court emphasised the need to balance biodiversity protection with efforts to mitigate climate change, stating that it is not a matter of choosing one over the other between conservation and development.
The Indian Supreme Court further rule that environmental degradation and climate change adversely affect not only wildlife but also human life and health, asserting that without a stable and clean environment, the right to life and health is merely theoretical. Recognising the undeniable link between climate change and the right to life, the Indian Apex Court also held that environmental degradation disproportionately affects marginalised communities.
It posited that climate change directly threatens essential aspects of life, such as access to clean air, water, and food, and highlighted the state’s duty to protect its citizens from these threats. Upholding the principles of equality, the Court ensured that all individuals, regardless of socioeconomic background, have the right to a healthy environment.
The ruling also acknowledged the adverse effects of climate change as a violation of fundamental rights, thereby placing environmental issues at the forefront of public and legal discourse.
Analysts further note that this recognition can drive legislative reforms and policy changes focused on environmental protection, compelling policymakers to create and enforce laws to reduce environmental harm.
Furthermore, the decision is likely to increase public awareness and engagement on climate issues, fostering broader support for sustainable practices and environmental protection measures. By recognizing the right to a healthy environment, the Court empowers citizens to demand better environmental governance.
