SC: Right against adverse Climate Impacts as integral to Right to Life and Equality

#### GS Paper 2

Syllabus: Polity: Fundamental Rights

Source: DTE

Context: The Supreme Court has for the first time recognizedthe right against adverse climate impacts as integral to the right to life and equality.

What is the background of the case?

The recent judgment stemmed from a petition by wildlife activists aiming to safeguard the critically endangered Great Indian Bustard (GIB), found only in Rajasthan and Gujarat.

In April 2021, the Supreme Court issued an order imposing restrictions on overhead transmission lines within a vast area, proposing their conversion into underground power lines.

However, the government, citing concerns about hindering India’s global commitments to reduce carbon emissions, requested a modification of the directives.

In March 2024, the Supreme Court revisited the ruling, acknowledging practical challenges such as technical complexities and high costs. Consequently, the court modified its order, emphasizing the importance of balancing GIB conservation with promoting renewable energy and environmental preservation.

Key highlights of the Supreme Court judgment include:

• Recognition of Constitutional Rights: Articles 14 (Right to Equality) and Article 21 (Right to Life and Personal Liberty) are highlighted as important sources of the right to a clean environment and the right against adverse effects of climate change. SC emphasized constitutional provisions, including Articles 48A (to protect the environment and to safeguard the forests and wildlife), 51A(g) (to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures)

• SC emphasized constitutional provisions, including Articles 48A (to protect the environment and to safeguard the forests and wildlife), 51A(g) (to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures)

• Expansion of Fundamental Rights: The scope of fundamental rights is expanded to include the right against adverse effects of climate change, with failure to ensure a stable, clean environment impacting the right to life, health, and equality.

• The intersection of Climate Change and Human Rights: The court emphasizes the intersection between climate change and human rights, underscoring the imperative for states to address climate impacts through the lens of rights.

• Technical Challenges in Implementation: The court pointed out technical challenges in implementing the April 2021 order, including limitations of underground power transmission cables and lack of provisions in the Electricity Act for land acquisition.

• Formation of Committee: A nine-member committee of experts was formed to assess the feasibility of undergrounding power lines in specific areas, with a deadline to submit a report by July 31, 2024.

• India’s Commitment to Renewable Energy: The court highlighted India’s commitment to renewable energy, aiming for 175 GW by 2022 and 450 GW by 2030, viewing the transition to non-fossil fuels as a fundamental necessity for environmental preservation.

• Benefits of Renewable Energy Promotion: The promotion of renewable energy sources is seen as crucial for promoting social equity, poverty alleviation, enhancing quality of life, and fostering inclusive growth and development.

Referral to important Supreme Court judgments:

• C. Mehta v. Kamal Nath (1996): Acknowledgment that any disturbance of basic environmental elements is hazardous to “life” within the meaning of Article 21.

• Virender Gaur v. State of Haryana (1994): Recognition that the right to a clean environment is an integral facet of the right to a healthy life.

Impact of Climate Change on Human Rights:

Human Rights | Examples of Impact of Climate Change

Right to Life | Cyclones, floods, and heatwaves cause casualties. Spread of diseases like dengue and malaria due to changing climate.

Right to Health | Poor air quality in cities like Delhi affects respiratory health. Erratic rainfall affects agricultural productivity and food security.

Right to Water | Rising sea levels contaminate freshwater sources with saltwater intrusion. Water scarcity in regions dependent on monsoon rains.

Right to Livelihood | Farmers facecrop failures and income loss due to droughts or floods.Fisherfolk losing access to fishing grounds due to sea level rise.

Right to Shelter | Communities in low-lying coastal areas face displacement due to sea level rise and storm surges. Urban slum dwellers are at risk of losing homes during floods.

Right to Security | Climate change threatens human security by causing resource scarcity, livelihood disruption, cultural erosion, displacement, and migration

Effects of Mitigation and Adaptation Measures on Human Rights:

• Mitigation: Hydroelectric projects can displace local communities, destroy ecosystems, and harm downstream populations. Biofuel policies may lead to food shortages, water scarcity, deforestation, and displacement of indigenous peoples and farmers.

• Hydroelectric projects can displace local communities, destroy ecosystems, and harm downstream populations.

• Biofuel policies may lead to food shortages, water scarcity, deforestation, and displacement of indigenous peoples and farmers.

• Adaptation: Some adaptation measures may benefit certain groups while disadvantaging others, such as coastal fortifications. Relocation and resettlement programs can pose risks of human rights violations for affected communities.

• Some adaptation measures may benefit certain groups while disadvantaging others, such as coastal fortifications.

• Relocation and resettlement programs can pose risks of human rights violations for affected communities.

Measures Taken by India and the World to Protect Human Rights Against Climate Change:

• India: Implementation of the National Action Plan on Climate Change (NAPCC), which includes various missions targeting climate change mitigation and adaptation. Adoption of renewable energy initiatives like the National Solar Mission and promotion of clean energy sources. Integration of climate change considerations into national policies and programs, including water resource management and disaster preparedness. Promotion of sustainable agriculture practices to enhance resilience to climate change impacts. Implementation of the Afforestation and Reforestation programs to combat deforestation and enhance carbon sequestration.

• Implementation of the National Action Plan on Climate Change (NAPCC), which includes various missions targeting climate change mitigation and adaptation.

• Adoption of renewable energy initiatives like the National Solar Mission and promotion of clean energy sources.

• Integration of climate change considerations into national policies and programs, including water resource management and disaster preparedness.

• Promotion of sustainable agriculture practices to enhance resilience to climate change impacts.

• Implementation of the Afforestation and Reforestation programs to combat deforestation and enhance carbon sequestration.

• World: The United Nations (through a resolution in 2022) declared access to a clean, healthy environmentas a universal human right. Establishment of frameworks for climate finance, such as the Green Climate Fund, to support developing countries in their climate change adaptation and mitigation efforts. Promotion of climate-resilient infrastructure and urban planning to enhance resilience to extreme weather events and sea-level rise. Support for capacity-building initiatives to enhance the ability of vulnerable communities to adapt to climate change impacts.

• The United Nations (through a resolution in 2022) declared access to a clean, healthy environmentas a universal human right.

• Establishment of frameworks for climate finance, such as the Green Climate Fund, to support developing countries in their climate change adaptation and mitigation efforts.

• Promotion of climate-resilient infrastructure and urban planning to enhance resilience to extreme weather events and sea-level rise.

• Support for capacity-building initiatives to enhance the ability of vulnerable communities to adapt to climate change impacts.

UNEP recommendations:

• International Cooperation: Recognize the link between climate change and human rights in the Paris Agreement.

• Ensure climate funds’ safeguards fully consider human rights.

• Increase financial assistance to developing countries, especially for adaptation measures.

• Pursue domestic GHG reductions and align adaptation objectives with human rights.

• Incorporate human rights norms into domestic legal frameworks, including climate change laws.

• Local Governments and Private Actors: Local governments should reduce GHG emissions and pursue adaptation objectives. Private actors should adopt policies in line with the UN Guiding Principles on Business and Human Rights.

Conclusion:

Climate change and its responses will significantly impact human rights worldwide, affecting both individuals and ecosystems. States must fulfil their obligations to mitigate GHG emissions, protect citizens from climate change, and ensure responses do not violate human rights. More ambitious actions and global cooperation are needed to safeguard human rights effectively.

Mains Link:

Though the Human Rights Commissions have contributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty and powerful. Analysing their structural and practical limitations, suggest remedial measures. (UPSC 2021)

Prelims Link:

Other than the Fundamental Rights, which of the following parts of the Constitution of India reflect/ reflects the principles and provisions of the Universal Declaration of Human Rights (1948)? (UPSC 2020)

• Directive Principles of State Policy

• Fundamental Duties

Select the correct answer using the code given below:

(a) 1 and 2 only (b) 2 only (c) 1 and 3 only (d) 1, 2 and 3

Ans: D