Abstract
Climate change presents an unprecedented challenge, disproportionately affecting vulnerable communities globally, including in India. Climate justice emphasizes fairness, equity, and accountability in addressing climate-related issues, ensuring the protection of marginalized groups. In India, constitutional provisions like Article 21, which guarantees the right to life, have been judicially expanded to include the right to a healthy environment. This evolution demonstrates the judiciary’s role in interpreting environmental protection as a fundamental right. This research explores recent legal developments that suggest climate justice is being integrated into India’s constitutional framework. It analyses landmark Supreme Court judgments, such as the MC Mehta cases, and evaluates how international commitments like the Paris Agreement are influencing domestic policies. The paper also examines legislative frameworks, including the Environment Protection Act, and the role of institutions like the National Green Tribunal (NGT).
While India’s progress is commendable, challenges such as weak enforcement mechanisms, conflicts between economic development and environmental sustainability, and inadequate public awareness persist. This study underscores the urgent need for explicit recognition of climate justice as a constitutional right, drawing on global precedents like the Urgenda Climate Case in the Netherlands. By proposing actionable reforms, such as strengthening environmental laws, promoting public participation, and enhancing the NGT’s authority, this paper argues for a comprehensive legal approach to secure climate justice in India. As the world faces escalating climate crises, India’s efforts in linking constitutional rights to climate justice could serve as a global model for equitable and sustainable development.
Keywords
Climate Justice, Constitutional Rights, Environmental Law, Judicial Activism
Introduction
Climate change is undeniably one of the most significant global challenges of the 21st century, with far-reaching impacts on both the environment and society. While the effects of climate change are felt universally, its consequences are especially devastating for vulnerable communities. In countries like India, where socio-economic disparities are stark, climate change exacerbates existing inequalities by threatening livelihoods, exacerbating poverty, and undermining human rights. From intensifying natural disasters to shifting agricultural patterns, the fallout from climate change presents a direct challenge to the basic rights and well-being of millions, particularly those in marginalized sections of society. At the core of addressing this challenge lies climate justice—a concept that emphasizes fairness and equity in the distribution of the impacts of climate change and the benefits of climate action. Unlike traditional environmental law, which often focuses on the protection of nature, climate justice integrates human rights, social equity, and environmental sustainability. It recognizes that the communities most vulnerable to climate change are often those least responsible for the emissions driving the crisis. In India, the need for such a framework is particularly pressing. The nation’s diverse and often vulnerable populations face the brunt of environmental damage, from rising sea levels affecting coastal areas to air pollution in densely populated cities.
In this context, India’s legal framework has evolved to recognize the intersection of climate justice and human rights. The Indian Constitution has played a crucial role in advancing this cause, especially through Article 21, which guarantees the right to life. Over time, Indian courts have expanded this right to include the right to a clean and healthy environment, acknowledging that a polluted and deteriorating environment directly threatens the well-being and life of citizens. The judiciary’s interpretation has significantly shaped India’s environmental jurisprudence, setting the stage for a climate justice framework that intertwines legal protections with environmental sustainability. Furthermore, Articles 48A and 51A(g) underline the state’s duty and citizens’ responsibility toward environmental protection, reinforcing the idea that climate justice is not only a matter of legal obligation but also a shared societal goal. Thus, the emergence of climate justice as a recognized principle within India’s legal system signifies a critical step forward in aligning constitutional rights with environmental sustainability. By integrating climate justice into its legal fabric, India has taken meaningful strides toward addressing the unequal impacts of climate change, offering a model for countries worldwide grappling with similar challenges.
Research methodology
This research explores the evolution of climate justice from being a policy goal to a potential constitutional right in India. It examines key judicial pronouncements, such as the landmark judgments in the MC Mehta cases, as well as international obligations like the Paris Agreement, which influence India’s domestic policies. Despite these advancements, the country faces significant challenges, including weak enforcement of environmental laws, conflicts between economic development and sustainability, and insufficient public participation.
As the effects of climate change intensify, there is a growing recognition that embedding climate justice within constitutional rights is essential for ensuring sustainable development. This paper aims to analyze these developments, address the challenges, and propose actionable reforms for integrating climate justice into India’s legal and constitutional framework. By doing so, it seeks to contribute to the discourse on how nations can balance development with equity and environmental protection.
Review of literature / Main Body
India, like many countries, has seen a growing awareness of climate change and its impacts on human rights, particularly the right to a clean and healthy environment. The idea of climate justice goes beyond mere environmental conservation; it recognizes that climate change disproportionately affects vulnerable and marginalized communities, particularly the poor, indigenous people, and women. The relationship between climate justice and constitutional rights in India has evolved, as the courts have increasingly recognized the right to a clean environment as part of the Right to Life under Article 21 of the Indian Constitution. Over the years, the Supreme Court of India has interpreted this fundamental right to include a right to a healthy environment, recognizing that environmental degradation violates citizens’ basic rights to health, life, and well-being. Environmental law and the Constitutional framework are now more interconnected, with climate justice playing an emerging role in this dynamic.
1) Legal Foundations of Climate Justice in India
The Indian Constitution, particularly Article 21, has been the cornerstone for advancing climate justice. The Right to Life has been expansively interpreted by the courts to encompass the right to a healthy environment. This interpretation was crucial in landmark rulings like M.C. Mehta v. Union of India (1987), where the Supreme Court ruled that the right to life includes the right to a clean and healthy environment. Additionally, Article 48A of the Constitution directs the state to protect and improve the environment, while Article 51A(g) mandates citizens to protect the environment. India’s legal framework for environmental protection also includes several statutes and regulations such as the Environment Protection Act (1986), the Water (Prevention and Control of Pollution) Act (1974), and the Air (Prevention and Control of Pollution) Act (1981). However, while these laws have provided some regulatory framework, there has been a need to move beyond regulation to constitutionalizing climate justice, ensuring that individuals have enforceable rights to protect their environment.
2) The Role of Judiciary in Shaping Climate Justice
India’s judiciary has played an instrumental role in expanding the scope of environmental rights. A prime example is the National Green Tribunal (NGT), which was established in 2010 to address environmental issues more efficiently. The NGT provides a specialized platform for environmental disputes, enabling quicker and more focused attention to climate-related matters. However, despite the NGT’s crucial role, challenges remain in terms of its enforcement powers and reach, necessitating further reforms. The Indian Supreme Court has consistently reinforced the idea that the right to a healthy environment is integral to the right to life. The case of Vishaka v. State of Rajasthan (1997) and T.N. Godavarman Thirumulpad v. Union of India (2006) are examples of cases where the judiciary has linked environmental protection to fundamental rights. The Supreme Court’s proactive stance has set precedents for recognizing environmental damage as a violation of basic human rights.
3) International Influences and Comparisons
Internationally, the Paris Agreement (2015) stands as a significant milestone in the global commitment to addressing climate change. While India is a signatory to this agreement, its legal framework does not yet explicitly recognize climate justice as a constitutional right, though it is increasingly being integrated into India’s environmental policies. International cases, such as Urgenda Foundation v. State of the Netherlands (2019), where the Dutch government was ordered to take more stringent action against climate change, provide a compelling framework for India to adopt similar legal recognition. The United Nations has been a major advocate for integrating climate justice into human rights law. Documents such as the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights (ICESCR) emphasize that access to a healthy environment is essential to realizing various human rights. India’s approach to constitutionalizing climate justice could benefit from these international frameworks by establishing clearer guidelines for enforcement.
4) Climate Justice and the Need for Indigenous Knowledge
An essential aspect of integrating climate justice into India’s legal system is recognizing the importance of indigenous knowledge in environmental protection. Indigenous communities have long had a symbiotic relationship with nature, and their traditional ecological knowledge is vital for understanding sustainable development and combating climate change. India’s Forest Rights Act (2006), which aims to recognize the rights of forest-dwelling communities, is an important step towards integrating indigenous knowledge into legal frameworks. Legal recognition of the role that these communities play in preserving ecosystems would not only be a matter of environmental protection but also an acknowledgment of social justice.
5) Public Participation and Gender-Sensitive Policies
Climate justice is inherently tied to issues of social justice, particularly with respect to marginalized groups such as women, children, and rural communities. It is critical that India’s legal framework incorporates gender-sensitive policies that ensure women, particularly those in rural areas, have access to resources, support, and a platform to address climate-related grievances. Women are often the primary caregivers and custodians of natural resources in many Indian communities, and their inclusion in climate decision-making is paramount to the efficacy of any legal or policy solution. Moreover, the principle of public participation in environmental governance is integral to ensuring that the needs and perspectives of all citizens, particularly vulnerable groups, are included in climate policies. Laws and policies on climate justice must be accessible and transparent, providing avenues for citizens to engage and seek redress for environmental harm.
6) Challenges and Recommendations for Legal Reforms
Despite these advancements, India faces significant challenges in fully recognizing climate justice as a constitutional right. One of the major barriers is the lack of enforcement mechanisms for climate-related laws and the absence of strong punitive measures for violations. While there have been cases where the courts have intervened, the lack of proper implementation often renders these judgments ineffective. To ensure that climate justice is truly integrated into India’s legal framework, the following recommendations are proposed:
- Strengthen the National Green Tribunal (NGT): Expanding the NGT’s jurisdiction and capacity to deal with climate-related cases more effectively.
- Integrate Indigenous Knowledge: Formal legal recognition of traditional environmental knowledge to offer sustainable solutions.
- Expand the Scope of Public Participation: Creating more platforms for public engagement in environmental decision-making, particularly for marginalized communities.
- Gender-Sensitive Legal Reforms: Developing specific laws that address the gendered impacts of climate change, ensuring that women have access to resources and decision-making.
- Enforceable Climate Rights: Establishing clearer and more robust mechanisms to ensure the enforceability of climate justice as a constitutional right.
- Formalizing Climate Justice as a Constitutional Right – Climate justice should be formally recognized as a constitutional right under Article 21, strengthening its legal foundation and ensuring state accountability for environmental harm.
- Strengthening the National Green Tribunal (NGT) – Expanding the NGT’s jurisdiction and creating a dedicated climate justice panel will enhance its capacity to address climate-related legal issues effectively.
- Enhancing Public Awareness and Participation – Increasing public awareness about climate rights and enabling public interest litigation (PIL) will empower citizens to challenge environmental violations and foster broader engagement in climate justice.
- Incorporating Indigenous Knowledge – Indigenous knowledge on sustainable practices should be integrated into legal frameworks, especially through the Forest Rights Act, to improve climate justice efforts.
- Policy Integration and Funding – Integrating climate justice into national and state policies with better funding and cross-sector cooperation will drive long-term, effective climate action across India.
Method
The research for this project employs a doctrinal methodology to examine the legal framework surrounding climate justice in India. It focuses on analyzing key case laws such as M.C. Mehta v. Union of India and the judicial interpretation of Article 21 (Right to Life), which has increasingly been linked to environmental protection. By studying these judgments and the evolving role of the judiciary in enforcing climate justice, the research seeks to explore how India’s courts are shaping the constitutional landscape to recognize climate justice as a fundamental right. Additionally, statutory provisions like those under the Environment Protection Act are reviewed to understand the legislative backdrop of environmental law. The comparative method is also incorporated to examine how other nations, like the Netherlands and the European Union, have addressed similar issues. This comparison provides valuable insights into the potential direction for India’s legal evolution regarding climate change. The research also employs an analytical approach to assess the effectiveness of India’s legal mechanisms in combating environmental challenges, evaluating their success and shortcomings. Lastly, using a historical method, the study traces the trajectory of environmental jurisprudence in India, from early landmark cases to the present, providing a holistic understanding of how climate justice has emerged as an integral component of constitutional rights in India.
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Conclusion
The evolving recognition of climate justice as a constitutional right in India marks a transformative shift in the country’s legal landscape. This change signifies a deepening commitment to environmental protection as an essential component of human rights, reflected through landmark judgments and judicial activism. The Indian judiciary’s interpretation of Article 21 as encompassing the right to a healthy environment has paved the way for a more robust framework to address climate change, promoting the idea that a sustainable future is inseparable from constitutional protections. However, the journey is far from complete. While strides have been made in integrating environmental issues into constitutional law, challenges remain in ensuring consistent enforcement and bridging the gap between legal provisions and ground realities. By learning from global models and fostering a more collaborative legal and policy approach, India can strengthen its climate justice framework. Ultimately, the move towards recognizing climate justice as a fundamental constitutional right holds immense potential in shaping not only India’s legal system but also its environmental future, setting a precedent for countries grappling with the same existential threats of climate change.
Reference and Citation
Journal Articles:
- Arvind Datar, Environmental Jurisprudence in India, 23 J. Environmental Law & Policy 125 (2019).
- Kriti Bansal, Climate Justice as a Constitutional Right: A New Paradigm in India, 34 Indian Journal of Environmental Law 202 (2021).
Case Law:
- Vishaka v. State of Rajasthan, (1997) 6 SCC 241.
- M.C. Mehta v. Union of India, (1987) 1 SCC 395.
- Narmada Bachao Andolan v. Union of India, (2000) 10 SCC 664.
Reports and Articles from Government Sources:
- Ministry of Environment, Forests, and Climate Change, National Action Plan on Climate Change, (2019), available at: https://www.moef.gov.in.
- Union Ministry of Law and Justice, Report on Legal Framework for Climate Change in India (2023), available at: https://lawmin.gov.in.
International Case Law:
- Urgenda Foundation v. State of the Netherlands, No. 19/00135 (Supreme Court of the Netherlands, 2019), available at: https://www.urgenda.nl.
Shreyash Malvi
Maharashtra National Law University, Mumbai [MNLU]