Supreme Court Recognizes 'Right Against Climate Change' as Fundamental Right

In a landmark ruling, the Supreme Court has underscored the intrinsic link between environmental protection and fundamental rights, affirming that the "right against the adverse effects of climate change" is enshrined within the purview of Articles 14 and 21 of the Indian Constitution. The judgment, rendered in response to a petition advocating for the safeguarding of the critically endangered Great Indian Bustard (GIB), carries profound implications for India's sustainable development trajectory.

The Court's verdict, delivered on March 21 but recently made public, addresses the intricate balance between environmental conservation and infrastructural development, particularly concerning solar and wind energy projects in regions inhabited by the GIB. Acknowledging the potential clash between conservation efforts and renewable energy initiatives, the apex court formed an expert committee tasked with devising strategies to reconcile these objectives while honoring India's global commitments to curb carbon emissions.

Chief Justice of India Dhananjaya Y Chandrachud, leading the bench, articulated the imperative of a clean and stable environment in realizing the holistic right to life. The judgment underscores the multifaceted impact of climate change on public health, citing concerns ranging from air pollution to food insecurity exacerbated by environmental degradation. By affirming the right to be free from the adverse effects of climate change, the Court elevates environmental protection to the realm of constitutional imperatives.

This ruling resonates deeply amidst India's ongoing battle with escalating climate challenges, from agricultural disruptions to heightened heatwaves posing grave socio-economic ramifications. By integrating the "Right against Climate Change" into the broader framework of the "Right to Life," the judiciary fortifies the legal foundation for proactive environmental stewardship, compelling stakeholders to prioritize climate resilience in policy and practice.

While existing regulatory mechanisms endeavor to address climate concerns, their efficacy often falters amidst competing interests and incomplete implementation. By anchoring climate protection within the foundational ethos of human rights, the Court propels the imperative for robust compliance and conscientious action at all levels of governance and society.

As discussions surrounding climate change intensify globally, the Supreme Court's resolute stance underscores the imperative of collective responsibility in safeguarding environmental integrity. By championing the "Right against Climate Change," India takes a decisive step toward fostering a sustainable future founded on principles of equity, resilience, and ecological harmony.

Author: Anushka Taraniya

News Writer, MIT ADT University