Hindu Editorial Analysis : 8-July-2024
Recently, the Supreme Court of India made a significant ruling in the case of M.K. Ranjitsinh and Others vs Union of India. It recognized the right to be “free from the adverse impacts of climate change.” This new right is linked to the existing rights to life and equality, highlighting the importance of a clean and stable environment for all citizens.
Evolution of India’s Climate Policy
India’s approach to climate change has evolved over the years, focusing on integrating development with climate action. Key milestones include:
- 1992 Rio Summit: This event marked the establishment of international frameworks like the UN Framework Convention on Climate Change (UNFCCC) and the Convention on Biological Diversity (CBD).
- India’s Voice: India has been a strong advocate for the principle of Common But Differentiated Responsibilities and Respective Capabilities (CBDR-RC), which emphasizes fairness in global climate efforts.
Need for Climate Legislation in India
Climate Resilience
A comprehensive climate law should prioritize climate resilience, ensuring that climate considerations are integrated into all levels of decision-making. This is particularly important for vulnerable communities, which are most affected by climate change.
Beyond Emissions Targets
Climate legislation must go beyond just setting emissions targets. It should guide development choices, taking into account the long-term impacts on low-carbon and climate-resilient futures.
Framework Climate Laws
Many countries have adopted framework climate laws, which establish broad goals and accountability. India should create a similar framework that reflects its unique governance context.
Enabling Low-Carbon Growth
India needs an enabling law that encourages development across various sectors, such as:
- Urban development
- Agriculture
- Water management
- Energy
This law should evaluate decisions based on their contributions to low-carbon growth.
Major Determinants of India’s Climate Policy
India’s diverse geography and population shape its climate policy. Key factors include:
- Size: India covers 3.28 million sq km, accounting for 2.4% of the world’s land.
- Biodiversity: India is home to 7-8% of the world’s species, with significant biodiversity hotspots.
- Population: With 1.4 billion people, the human-to-land ratio is low, intensifying the need for sustainable practices.
Consumption by Developed Countries
High-income countries, despite representing only 16% of the global population, are responsible for 74% of excessive resource use. In contrast, India and several other developing nations have managed to stay within their sustainability limits. Developed countries need to significantly reduce their resource use to achieve sustainability.
Role of the Supreme Court in Climate Policy
The Supreme Court has emphasized the link between ecology and human rights. It stated that a clean environment is essential for realizing the right to life and equality. The court recognized the right to a healthy environment as a fundamental human right, connecting it to various other rights, including health and gender equality.
What Needs to Be Done?
Internalizing Climate Objectives
India needs a climate law that sets a clear framework for national action while empowering states and local governments. This law should facilitate effective climate action at all levels, involving civil society and private sectors.
Enhancing Governance Capacity
Framework laws can help build governance capacity by establishing strategic goals and evaluating policies. India can learn from global experiences with these laws.
Promoting Social Equity
Any climate action should prioritize social equity. Those responsible for greenhouse gas emissions must bear the social and environmental costs. Additionally, compensation mechanisms should support those affected by climate change, ensuring a just transition that balances development and low-carbon objectives.
Why In News
Recently, the Supreme Court of India, in M.K. Ranjitsinh and Others vs Union of India, recognized a right to be “free from the adverse impacts of climate change,” linking it to the fundamental rights to life and equality. This landmark decision underscores the urgent need for legal frameworks that protect citizens from environmental degradation and highlight the government’s responsibility in addressing climate issues.
MCQs about The Supreme Court’s Recognition of Climate Rights in India
- What recent recognition did the Supreme Court of India make in the case of *M.K. Ranjitsinh and Others vs Union of India*?
A. The right to privacy
B. The right to free speech
C. The right to be free from the adverse impacts of climate change
D. The right to education
- Which significant event in 1992 influenced India’s climate policy?
A. The Paris Agreement
B. The Kyoto Protocol
C. The Rio Summit
D. The Montreal Protocol
- What is a key aspect that India’s climate legislation should focus on, according to the essay?
A. Strict emissions regulations only
B. Social equity and justice
C. Reducing the population
D. Increasing fossil fuel production
- Why is a framework climate law suggested for India?
A. To limit the population growth
B. To reduce agricultural production
C. To define broad government-wide goals and enhance governance capacity
D. To eliminate all forms of resource consumption
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