The Supreme Court of India has recognized “the right against the adverse effects of climate change” as the fundamental right in the constitution. The SC has extended that this right against adverse effects of climate change will come under Articles 14 (right to equality) and Article 21 (Right to life).
The SC bench stated that this fundamental right comes with and is important to include the rights of affected communities which should be considered mandatorily. This article is all about the new fundamental rights of humans which are detailed clearly and take a few seconds to read.
What Article 21 Says
The Supreme Court bench led by D.Y. Chandrachud, is hearing a case about deaths of birds (Great Indian Bustard) & flight routes over power transmission cables, installed at solar panel projects in Gujarat and Rajasthan. The court asked for modifications but the government said there is a need for balancing the protection of GIB and India’s International commitment to reduce carbon footprint. So, the court formed a committee to leave the issue to domain experts, and the committee needs to submit the report before 31st July 2024.
Though the case has been moved for further hearing from March 2024 to August 2024 the SC bench made landmark judgement. The SC bench stated that the right to a clean environment as part of Article 21 of the constitution, also includes and highlights that people have a right against the adverse effects of climate change.
What Is Fundamental Right Against Climate Change?
The SC bench provided examples while stating Article 21. In case of adverse effects of climate change, the poor and the ones who love forests will be the most affected. The court said every individual has the right to live in a clean, safe, and conducive to their well-being.
By recognizing the right to a healthy environment and the right to be free from adverse effects of climate change, states should prioritize environmental protection and sustainable development, which safeguards for the present and future generations.
The court also mentioned the Paris Agreement which states that climate change is connected to different human rights. While hearing, the court followed a balanced approach and observed the need for reconsiderations of high voltage and low voltage power transmission cables which was directed on 19th April 2021.
Fundamental Rights Connected To Climate Change
The court stated that the conservation of GIB (Great Indian Bustard) on the one hand and the conservation of the environment on another hand is a necessary approach that does not sacrifice either goal.
The court uploaded the judgment on the weekend after the March hearing, which stated right to life and equality would not be fulfilled without a clean and stable environment. The right to health will be impacted due to factors like air pollution, rising temperatures, droughts, shortages of food supplies, storms, and floods.
The ability of underserved communities to adapt to climate change with its adverse effects, violates the right to life and equality. Here the poorer communities will suffer more than the rich in case of environmental degradation after food and water shortages.
Conclusion
India needs to shift towards solar power as it accounts for 25% of energy demand in the next 2 decades, due to increasing in air pollution, declining groundwater, and decreasing annual rainfall. The court noticed India received about 5k trillion KWH per year of solar energy. India’s goal is to achieve 500GW of non-fossil-based electricity generation capacity by 2030 and zero by 2070.
According to the International Renewable Energy Agency (IREA), India has 4th largest installed capacity of renewable energy. The SC recognized the right against climate change as the fundamental right of humans in the last hearing of the case which was officially published, by providing all the reasons why and how it is being considered.
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