Context

• The Supreme Court 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.

Climate change in India

• Climate change is impacting India’s natural environment, economy and society with increased frequency and intensity. 
• Heatwaves, floods, monsoons and declining groundwater reserves are some of the extreme challenges that India is facing today. 
• Several studies point to the devastating economic and social costs of climate-related damages in India due to climate inaction which could total $35 trillion over the next 50 years.

Implications of climate change on the Indian Society

• Climate change often affects marginalized and vulnerable communities disproportionately. For example, low-income communities living in flood-prone areas are more likely to bear the brunt of extreme weather events.
• Climate change events exacerbate health inequalities as vulnerable populations such as elderly, children and tribes, often face increased health risks, such as heat-related illnesses and the spread of vector-borne diseases.
• The primary sources of income for disadvantaged communities engaged in sectors like agriculture and fisheries, will be largely affected due to climate change events.
• Climate change events can lead to land displacement of tribals thereby resulting in loss of livelihood and culture.

Climate change in relation to Fundamental Rights

• Article 21 recognises the right to life and personal liberty while Article 14 indicates that all persons shall have equality before law and the equal protection of laws. These articles are important sources of the right to a clean environment and the right against the adverse effects of climate change.
• The right to health (which is a part of the right to life under Article 21) is impacted due to factors such as air pollution, shifts in vector-borne diseases, rising temperatures, droughts, shortages in food supplies due to crop failure, storms, and flooding. 
• The inability of underserved communities to adapt to climate change or cope with its effects violates the right to life as well as the right to equality.

Important Judgements 

• In Virender Gaur  vs State of Haryana, 1995 the Supreme court recognised the right to a clean environment while observing that ecological balance is critical for Right to Life (Article 21).
• In Bombay Dyeing vs. Bombay Environmental Action Group, 2006 the Supreme court recognised that climate change posed a “major threat” to the environment.
• In Karnataka Industrial areas development board vs C Kenchappa, 2006 the Supreme court  took note of the adverse effects of rising sea levels and rising global temperatures.
• In MC Mehta vs Kamal Nath, 2000  the Supreme Court held that Articles 48A and 51A(g), which say that the protection and improvement of the natural environment is the duty of the State and every citizen, must be interpreted in light of Article 21.

Lacunae in existing provisions

• There is no single umbrella legislation in India which relates to climate change and the attendant concerns.
• Article 48A and Article 51A(g) are mentioned as not justiciable provisions of the Constitution restricting their enforceability.
• Implementing climate-related laws requires adequate capacity building, technical expertise, and financial resources which seems to be lacking.
• Public participation and awareness are often limited in climate-related decision-making processes.

Conclusion

• The right to a healthy environment encapsulates the principle that every individual has the entitlement to live in an environment that is clean, safe, and conducive to their well-being.