Context

The Government has appointed Manoj Panda, former director at the Institute of Economic Growth as the full time member of the 16th Finance Commission.

• Research areas: His research areas include monitoring and analysis of macro-economic trends and prospects, evaluation of alternative trade and fiscal policy options from the point of view of growth and distribution.

About 16th Finance Commission (SFC)

• Chairman: Arvind Panagariya.
• Full Time Members: A.N. Jha (Former expenditure secretary and member of the 15th Finance Commission)
  • Annie George Mathew (Former special secretary of the department of expenditure).
  • Niranjan Rajadhyaksha (executive director of Artha Global Niranjan Rajadhyaksha).
  • Part-Time Member: Soumya Kanti Ghosh (State Bank of India’s group chief economic adviser).
• Duration: It is tasked with defining the distribution of the Centre’s tax revenue to states for five years starting FY27.
  • It will make its recommendations available by 31 October 2025, covering an award period of five years beginning 1 April 2026.

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Context

The Centre has decided to shrink the land under the jurisdiction of 10 key cantonment boards across five states and put them under the state local bodies.

• Undoing Colonial Legacy: The move is part of Prime Minister’s overall plan to “undo the colonial legacy”
• Governance Reforms: It aims  usher in a “range of governance reforms”

Cantonments in India

• Origin: Cantonments in India were first established during the British East India Company’s reign, particularly following the Battle of Plassey in 1757.
  • Following this battle, the EIC gained major territorial rights and set up permanent military bases along trade arteries like the Ganga River. 
• Purpose: These cantonments were purposefully positioned away from urban areas to reduce the connection between the troops and local residents, maintaining discipline and preventing emotional bonds that could undermine British rule.

Establishment of Cantonments in India

• First Cantonments in India: The first three cantonments, Barrackpore, Danapur, and St. Thomas Mount, were erected before 1800.
  • Under the British administration, 56 cantonments were created over time to monitor local communities for signs of dissent or revolt strategically. 
• Establishment of New Cantonments: After India attained independence, six further cantonments were created, the last of which was in Ajmer in 1962. Currently, there are 62 cantonments spread throughout multiple military commands.

Regulatory Framework For Cantonments in India

• Cantonments Act: Several acts, including the Cantonments Act of 1889, the Cantonment Code of 1899, and the Cantonments Act of 1924, developed the regulatory basis for cantonments. 
• Civilian Participation: The 1924 Act established cantonment boards with civilian participation to oversee municipal issues in cantonments. 
• Provision of Cantonment Act: The Cantonments Act, which superseded the 1924 Act in 2006, included revisions to increase democratization within cantonment boards, including provisions for elected civilian members and designated seats for women. 
• Role of Cantonment Boards: These bodies are in charge of providing civic facilities such as health care, water supply, education, and street lighting in cantonments. 
• Administrative Control: Administrative control remains with military authorities, and the station commander serves as the board’s ex-officio president.

Cantonment Administration in India

• Number of Cantonments in India: The country has 61 Cantonments notified under the Cantonments Act of 1924 (which was replaced by the Cantonments Act of 2006).
• Role of Central Government in Cantonment Areas: According to Entry 3 of the Union List (Schedule VII) of the Indian Constitution, the Union of India is responsible for the urban self-government of cantonments and the housing accommodations they provide.  
• Administration of Cantonment Board: The Board’s ex-officio President is the Cantonment Station Commander, and the Chief Executive Officer is an IDES or Defence Estates Organisation officer who also serves as the Board’s Member-Secretary.

• • Cantonment Boards, democratic entities, are responsible for the general municipal management of the designated cantonments. Representation: A cantonment board comprises eight elected members, three nominated military members, three ex-officio members (the station commander, garrison engineer, and senior executive medical officer), and one district magistrate representative.
• Difference with Military Stations: Cantonments differ from Military Stations in that Military Stations are established by executive order and solely intended for the use and lodging of the armed forces.
• Term of Cantonment Member: A board member serves for a five-year term.
• Management of Cantonment Boards: The cantonment boards are controlled by GOCs, IDES officers, state bureaucrats, and a few elected members.
• Member Secretary of the Board: An officer of the Indian Defence Estates Service (IDES) or Defence Estates Organisation is the board’s chief executive officer and member-secretary.

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Context

The Zaporizhzhia Nuclear Power Plant (ZNPP) in Ukraine was damaged recently in a drone attack.

About Zaporizhzhia Nuclear Power Plant

• About Zaporizhzhia Plant:  It is one of five nuclear power stations in Ukraine, which meets almost half of its electricity demand through nuclear energy. 
  • The six reactors at Zaporizhzhia have the capacity to produce 5,700 MW of electricity.
• Location:  The plant is located in south-east Ukraine in Enerhodar on the banks of Dnieper river.
• Russian Occupation of Plant: Russian forces seized it after their February 2022 full-scale invasion and have occupied it ever since, alongside most of the Zaporizhzhia region.
• Current Operating Status: The facility stopped generating power in 2022, but needs a constant supply of electricity to cool one of its reactors which is in a state of “hot conservation”,i.e.,  it is not fully offline.

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Context

Vice-President of India in his address at  the  6th Convocation Ceremony of the Indian Institute of Management (IIM) Bodh Gaya talked about the importance of ethical leadership.

What is Ethical Leadership?

• It refers to a leadership style that is characterized by a commitment to moral values, principles, and ethical behavior in decision making.
  • Ethical leaders prioritize honesty, integrity, and fairness in their decision-making and actions, setting a positive example for their team or organization.

Why is Ethical Leadership Important?

• Conscience shaper: To foster trust, respect, and a sense of fairness among team members or followers. 
• Positive workplace culture: To create a positive organizational culture and enhance the reputation of leaders and organizations.
• Right decisions: It contributes to better decision-making and overall ethical behavior within an organization.
• Improved staff morale: Ethical leadership is about leading, inspiring, motivating, and making the employees feel accountable for their work.

Principles of Ethical Leadership

• Fairness and Justice: To  treat all individuals with equal respect and honor regardless of their background, position, or status without any favoritism or discrimination.
  • Example: Nelson Mandela brought reconciliation among the blacks and whites despite the decades of animosity.
• Accountability: Ethical leaders take responsibility for their actions and the outcomes of their decisions. When leaders hold themselves accountable, it creates an environment where everyone in the organization feels responsible for their actions. 
  • Example: Mahatma Gandhi taking accountability of the chauri- chaura violence.
• Transparency: It reduces suspicions and promotes ethical behavior as every decision is openly communicated with the team members and stakeholders fostering trust.
  • Example:  Mr. E sreedharan completed delhi Metro project before completion deadline with no corruption charges.

• Honesty and Integrity: It is the cornerstone of ethical leadership meaning  being truthful, keeping promises, and admitting mistakes when they occur. Integrity builds trust, and trust is fundamental to ethical decision-making.
• Empathy: Ethical leadership is also about being empathetic and considering the impact of their decisions on all stakeholders ensures that decisions are not made in isolation but with a broader perspective.
  • Example: A civil servant from Kozhikode affectionately called Collector Bro started a ‘compassionate Keralam’ campaign to feed hungry, clean ponds etc.
• Courage: Ethical leadership is about  displaying courage in decision-making whereby one is not  afraid to stand up for what is right, even in the face of adversity. Ethical courage is vital in situations where unethical behaviour or practices need to be addressed.
  • Example: Malala Yousafzai standing up for girls right for education against death threats by taliban
• Respectful and Dignified treatment: A moral leader  will respect his juniors opinions, choices, and morals and will not treat them as a means to achieve his goal.
  • Example: Tata group helping their employees and guest with all the medical and financial help who were a victim of the 26/11 attacks.
• Continuous Learning and Improvement:  Ethical leaders are open to feedback and self-reflection, seeking active opportunities to enhance their learning.  They understand that ethics is an ongoing journey, not a destination.
• Vision and Values Alignment: Ethical leaders  consistently uphold the principles and values they espouse and ensure that their decisions align with the organization’s vision and values. 

Challenges with Ethical Leadership

• Goal v/s Means: Leaders often face pressure to prioritize short-term results over ethical considerations, leading to unethical behaviour such as cutting corners or compromising values to meet targets.
• Ethical Dilemmas: To encounter situations where ethical principles conflict with stakeholder interests, making it challenging to make decisions that satisfy everyone.
  • Example: Right to environment v/s Right to Livelihood 
• Organizational Culture: In organizations where unethical behavior is tolerated or overlooked, leaders may struggle to maintain ethical standards and foster a culture of integrity.
  • Example: Often honest public servants gets transferred or demoted because of the corrupt system they are trying to bring a change in ( eg: IAS officer Ashok Khemka)
• Lack of Awareness or Training: Some leaders may lack awareness of ethical issues or the skills needed to address them effectively.
• Resistance to Change: Implementing ethical practices may face resistance from individuals or groups accustomed to a business as usual approach.

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Context

• Recently, Researchers found an insertion between two pieces of the TBXT gene, which prevented apes from producing a protein required to form a tail.

How Humans lost Their Tails: Key Findings of the Research

• Losing of Tail: Apes lost their tails approximately 25 million years ago due to a rare insertion of an Alu element in a critical gene during development.

• Cause of Taillessness: This insertion interrupted the TBXT gene, producing a faulty TBXT protein and resulting in taillessness.
• Insertion in Junk DNA: NYU researchers discovered the insertion in ‘junk’ DNA, which is present in all apes but lacking in monkeys.
• Tail Loss: Engineered mice  embryos carrying the faulty TBXT gene confirmed its role  in tail loss.
• Bipedalism: The mutation certainly conferred advantages, possibly connected to bipedalism, although the particular benefit remains unknown.
• Shaping Evolutionary Trajectory: Evolution took advantage of this one-in-a-million event, substantially modifying ape anatomy and dictating their evolutionary course.
• Evolutionary Adaptations: The findings provide light on the genetic factors behind ape tail loss and demonstrate the complexities of evolutionary adaptations.
• Evolutionary Relevance: Understanding the evolutionary relevance of tail loss sheds light on the genesis of distinct ape features and their subsequent dominance in the natural world.

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Context

India has invoked the peace clause at the World Trade Organization (WTO) for the fifth consecutive time for the marketing year 2022-23 due to breaching the prescribed subsidy limit for rice offered to its farmers.

India Invokes Peace Clause at WTO for 5th time as Rice Subsidies Exceed Cap

• Subsidy for Rice Production in India: While India’s rice production value was $52.8 billion in 2022-23, a subsidy worth $6.39 billion was given to farmers during the year. 
• Breach of 10% Limit: Thus, the rice subsidy was 12 per cent of the value of production, thereby breaching the 10 per cent domestic support ceiling, which is in accordance with global trade rules.
• Invoking of Peace Clause: There is no immediate repercussion for the breach since India has invoked the “peace clause”, agreed upon at the Bali ministerial of WTO in 2013. 
  • This provides immunity to developing countries from challenges for breaching the ceiling for wheat and rice until a permanent solution is found.
• Concerns raised by India: India has been complaining that the 10 per cent subsidy ceiling is calculated on the basis of the reference price of 1986-88, which became outdated long ago.

What is the Peace Clause at WTO?

• About: It was established in 2013 under the Bali Agreement. It permits developing nations to exceed the 10 percent ceiling without facing legal action by other members temporarily. 
• Conditions for Government: Governments seeking the shelter of the peace clause have to:
• • avoid distorting trade or impacting other countries’ food security
  • provide information to show they are meeting those conditions.

Issues with the Peace Clause:

• Controversial: Some developed countries argue that it gives developing countries an unfair advantage, and it could lead to trade distortions. Others say it is crucial for developing countries to meet their food security.
• Flexibility in rules-based order: WTO is a rules based organisation, and the peace clause is seen as a departure from those rules. 
  • The flexibility provided by WTO in the peace clause is leading to conflict of interest between developed and developing nations.

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Context

Recently, the Supreme Court prohibited Patanjali Ayurved Ltd from issuing false advertisements about the medical efficacy of its products and issued contempt notices to the business for breaking a prior promise.

Issues With Patanjali’s False Claims

• Ethical issue: The Misleading advertisement  affects consumer trust and the business’s integrity. The controversy shows the consumer’s susceptibility, as they trust that some regulating authority has ensured that nothing harmful, hazardous, or useless is sold as medicine.
• Violation of Legislations: The Indian Medical Association (IMA) argued that Patanjali’s advertisement headed “MISCONCEPTIONS SPREAD BY ALLOPATHY” violated legislation governing medication regulation. It was a direct violation of the Drugs and Other Magical Remedies Act of 1954 (DOMA) and the Consumer Protection Act of 2019 (CPA).
• Adverse health impact: Unverified products can harm consumers’ health. There is a larger risk with such pharmaceuticals (of which Ayurveda accounts for more than 75%), because the user assumes that all items are natural and therefore safe.
• Misleading advertisements: These Misleading  advertisements have increased the number of incidents of self-medication due to their claims of effective therapy and cure for intractable conditions.
• Inactions of government and regulatory bodies: Even as the claims are made with increasing impunity, no tangible action appears to have been taken by the state governments to which the Ministry of Ayush has filed hundreds of complaints. The Advertising Standards Council of India, a regulatory body, has also failed to take any action or establish norms.
• Inadequate legislation: There is a lack of adequate legislation governing the regulation of such drugs and advertising. 
  • For example, the rules of the DMR Act are distinct, limited, and particular, as they were intended to regulate deceptive claims and ads involving medical drugs and products. 
  • Whether the items have been licensed or not, whether they are evidence-based or not, and if R&D has been conducted falls outside the scope of DMR.

What is a Misleading Advertisement?

The Consumer Protection Act of 2019 defines a misleading advertisement for any goods or service as one that:

• Falsely describing a product or service
• Providing a false guarantee
• Making an express or implied representation that would constitute an unfair trade practice
• Concealing important information are all examples of misleading consumers.

Legislations to Combat Misleading Advertisements

• Bureau of Indian Standards (Certification) Regulations, 1988
• Food Safety and Standards Act of 2006.
• The Drugs and Magic Remedies (Objectionable Advertisements) Act of 1955 (DOMA).
• The Drug and Cosmetics Act of 1940
• The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade, Commerce, Production, Supply, and Distribution) Act of 2003

Regulators to Deal with Misleading Advertisements

• Advertising Standards Council of India: ASCI was founded in 1985 by professionals from the advertising and media industries to ensure that commercials in India are fair, honest, and comply with the ASCI Code.
• Central Consumer Protection Authority (CCPA): Established by the Consumer Protection Act of 2019 to regulate concerns connected to consumer rights violations, unfair trade practices, and false or misleading marketing that are detrimental to the interests of the general public and consumers as a whole.
• Issuing of Guidelines: The CCPA has issued the Guidelines for the Prevention and Endorsement of Misleading Advertisements, 2022.
  • Non-misleading and legitimate advertisements
  • Bait and free claim advertisements, and the duties of manufacturers, service providers, advertisers, and advertising agencies.

LEGAL ARGUMENT AGAINST PATANJALI’S ACTIONS

• Drugs and Other Magical Remedies Act of 1954 (DOMA): Section 4 of the DOMA prohibits the publication of false drug ads. Publishing a deceptive advertisement under the DOMA is punishable by up to six months in prison and/or a fine for the first offense. The penalty for a second offence can be up to one year in prison.
• Consumer Protection Act of 2019: Section 2(28) of the Consumer Protection Act of 2019 deals with misleading advertisement’. 
  • Section 89 of the CPA imposes more severe penalties for false or misleading advertising.
  • First-time offenses can result in penalties of up to Rs 10 lakh and imprisonment for up to two years. 
  • Subsequent violations may result in penalties of up to Rs 50 lakh and imprisonment for a maximum of five years. The CPA also defines the term “misleading advertisement.”
• Violation of the MoU agreed between the Ministry of AYUSH and the ASCI: MoU inked by the Ministry of AYUSH and the ASCI had  been violated. 
• Drugs and Magic Remedies (Objectionable Advertisements) Act of 1954 (DMR): The DMR, which applies to all systems of medicine, prohibits advertising medications that claim to treat or cure specific ailments. 
  • Promoting medications for the treatment and cure of 54 particular medical diseases, including cancer, diabetes, heart disease, and blood pressure, is expressly prohibited.
• The Drug and Cosmetics (D&C) Act of 1940: The act established a new Chapter IV A for ASU medicine in 1964. The distinction between classical medicine, patent and proprietary medicine is explained there

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Context

The Indian Army has initiated the induction of control and reporting systems under ‘Project Akashteer’ to bolster its air defence capabilities. 

• Year of Technology Absorption: The Indian Army has declared 2024 as the ‘Year of Technology Absorption‘ and is undertaking various initiatives to induct niche technology and systems into its inventory. 

About Project Akashteer

• Developed by: Bharat Electronics Limited (BEL) 
• Project Akashteer Aim: To automate air defense control and reporting processes by digitizing them with an emphasis on mobility and resilience.
  • This will enable swift engagement of hostile targets, significantly reduce the risk of fratricide, and ensure the safety of friendly aircraft in contested airspace.
• Mobile Vehicle-Based Control Centers: The system’s control centres, designed to be vehicle-based and mobile, can maintain operational capabilities even in challenging communication environments. 
  • The system will facilitate the complete automation of air defense operations and significantly enhance India’s air defense posture.

How Will it Help India’s Air Defense System?

• Efficiency and Integration: By digitizing Air Defence Control and Reporting processes, ‘Akashteer’ promises to introduce efficiency and integration empowering the Indian Army to promptly address hostile threats while mitigating the likelihood of friendly fire incidents.
• Situational Awareness: It integrates radar and communication systems into a unified network, providing the Indian Army with unprecedented situational awareness. 
  • This will enable them to detect and engage hostile targets more effectively, ensuring the safety of friendly aircraft in contested airspace.
• Mobility and Resilience: The system’s vehicle-based and mobile Control Centers are designed to maintain operational capabilities even in challenging communication environments. 
  • This ensures that the Indian Army can operate effectively in diverse terrain and under adverse conditions.
• Automation: Overall, the deployment of ‘Akashteer’ represents a significant stride towards achieving full automation in air defense operations. 
  • This advancement will bolster the Indian Army’s capability to safeguard its airspace, thereby guaranteeing a safer and more secure future for the nation.

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Context

The Supreme Court has cautioned the Union government against engaging in a “contest” with drought-hit Karnataka over its request for drought relief. 

• Various other states like Tamil Nadu, Kerala, and Karnataka have also filed cases against the Union government in lieu of delays and perceived neglect in receiving disaster relief funds from the Centre.

Why Are States Filing Cases Against Union Government?

• Denial of disaster relief funds: Karnataka’s request for ₹18,171.44 crore under NDRF for drought relief has been pending for six months due to which a crop of ₹35,162.05 crore has been damaged in the State.
• Centre’s Failure to Meet Obligations Under Disaster Management Laws: Karnataka has also argued that the Centre has violated the Disaster Management Act, 2005 and not taking a decision on NDRF assistance within a month as mandated.
• Violation of fundamental rights of citizens:
  • Karnataka argues the Centre’s inaction violates the right to life (Article 21) and right to equality (Article 14) of its citizens by not providing assistance during a crisis.
• Centre exceeding its authority:
  • Kerala has also  accused the Centre of interfering in its net borrowing limits, pushing the state to a financial emergency.

Impact of Centre’s Failure to Offer Relief Funds on Indian Economy

• Limited Ability to Respond:
  • When relief funds don’t come on time, states may struggle to help affected people. This can slow down the recovery process and hurt the economy in the affected area.
• Financial Pressure on States:
  • If funds are delayed or denied, states may have to cut spending on important services or borrow more money. This will put extra strain on their budgets and increase their debt.
• Loss of Income and Productivity:
  • Farmers hit by droughts and people affected by floods or cyclones may lose their income. This situation would disable them from contributing to the economy as they used to.
• Decline in Agricultural Production:
  • Without proper assistance for farmers affected by drought, agricultural production could decline which will  impact food security and ultimately it will lead to high prices. 

What is the Role of the Supreme Court in this Matter?

The Supreme Court of India holds a vital position as the highest judicial authority in the country. 

• Setting legal precedent: The Court’s decisions in these cases can establish legal principles for future disputes between states and the Centre regarding disaster relief funds. 
  • It can clarify the Centre’s obligations under disaster management laws and the rights of states in seeking assistance.
• Ensuring accountability: By reviewing the Centre’s decisions and actions, the Court can hold the government accountable for following proper procedures and fulfilling its responsibilities towards disaster-stricken states.
• Promoting fair resource allocation: The Court can ensure fair and non-discriminatory allocation of disaster relief funds by the Centre. 
  • This can help prevent situations where some states feel neglected compared to others.
• Upholding the federal structure: By resolving disputes between states and the Centre, the Court plays a role in upholding India’s federal structure, ensuring a balance of power between the central and state governments.
• Interpreting the Constitution:
  • It interprets the Constitution, ensuring that the actions of both the Union and state governments follow its rules. 
    • The court emphasizes resolving conflicts internally to avoid disagreements between the Union and states.
• Reviewing Government Actions:
  • The Supreme Court checks government policies and decisions, ensuring that it aligns with the principles outlined in the Constitution and other relevant laws

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Context

The President of India greeted fellow citizens on the eve of Chaitra Sukladi, Ugadi, Gudi Padwa, Cheti Chand, Navreh and Sajibu Cheiraoba.

• These festivals are celebrated in different parts of the country and spread the message of peace, harmony and tolerance to welcome the spring season and Indian New Year. 

New Year Festivals in India 

List of Indian New Year festivals; 

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Context

Recently, the Supreme Court of India historically stated that people have a right to be free from the adverse effects of climate change recognised by Articles 14 and 21 of the Indian Constitution.

Articles 14 and 21: Supreme Court Recognizes Right Against Climate Change Part of Equality and Right to Life

• The Supreme Court passed its judgment in a case titled M K Ranjitsinh & Ors versus Union of India & Ors regarding the protection of two critically endangered bird species on the IUCN Red List – the great Indian bustard (GIB) and the lesser florican. 
  • Both are scheduled species listed under Part III of Schedule I of the Wild Life (Protection) Act, 1972.

Right Against Climate Change: Background & Evolution of the Judgment

• Petition: The judgment came on a long pending petition by wildlife activist MK Ranjitsinh and others to protect the Great Indian Bustard (GIB) (Ardeotis nigriceps).
• Earlier Judgment: In April 2021, the Court placed restrictions on the setting up of overhead transmission lines. 
  • Setting of Expert Committee: A committee was appointed to evaluate the laying of underground high-voltage lines on a case-to-case basis. 
  • On Powerlines: All low-voltage power lines were directed to be laid underground in the “priority” and “potential” habitats of GIB in the future. 
    • For existing power lines, bird diverters were to be installed that were pending for the conversion of overhead power lines into underground power lines.
• The Union Government’s Position: Since the major solar and wind energy-producing installations of India are in Rajasthan and Gujarat area, the Centre claimed the court’s directions will harm India’s global commitments to reduce the carbon footprint by increasing dependence on renewable energy sources.
• Supreme Court’s Action: The court recalled an earlier order requiring the undergrounding of overhead transmission lines across an area of over 80,000 sq. km. in the two states.
• Recent Judgment: In April 2024, the Court placed its reliance on several reports by the Wildlife Institute of India, identifying 13,663 square km as the “priority area”; 80,680 square km as “potential areas”; and 6,654 square km as “additional important areas” for the GIB.
  • Formation of an Expert Committee: The bench formed an expert committee comprising independent experts, members of the National Board of Wildlife, representatives of power companies, and former and serving bureaucrats drawn from departments of environment and forests and ministry of new and renewable energy (MNRE).
  • Aim: The Committee is formed to suggest ways to balance two objectives – the conservation of the bird and India’s sustainable development goals. 
    • The committee’s first report is expected by July 31.

Implications of the Judgment for Environmental Jurisprudence

• Strengthening Environmental & Climate Justice: The judgment puts the focus on strengthening environmental and climate justice by highlighting the multiple impacts of climate change on a range of communities.
• Expansion of Article 14 & Article 21: These have been expanded by the apex court to include a right to clean environment. 
  • The judgment not only looks to curb environmental pollution, but also proactively outlines environmental and climate justice issues, keeping our international commitments in mind.
• Establishment of Legal Precedent: As per experts, the judgment will set an important legal precedent, and will influence the broader public discourse on environmental matters, and has the potential to shape future government policies.

Need for Right To Be Free From Adverse Effects Of Climate Change

• Rising Vulnerabilities: 

  • Evidence for the vulnerability of Indians to climate change is threatening day by day. 
    • Floods have become more frequent and intense.
    • Rainfall patterns are changing.
    • Heatwaves pose serious health risks
      • Several studies, including IPCC reports, have warned that global warming will put an increasing number of Indians at risk in the coming years.

• Severe Impact on Communities & Culture: 

  • Indigenous communities such as tribals in Andaman and Nicobar Islands depend on nature and the relationship that indigenous communities have with nature may be tied to their culture or religion. 
    • The destruction of lands and forests or their displacement from their homes may result in a permanent loss of their unique culture. 
    • In these ways too, climate change may impact the constitutional guarantee of the right to equality (Article 14).

• Risk of Deepening of Inequality: 

  • If climate change and environmental degradation lead to acute food and water shortages in a particular area, poorer communities will suffer more than richer.
  • The inability of underserved communities to adapt to climate change or cope with its effects violates the right to life (Article 21) as well as the right to equality (Article 14).

• No Priority: 

  • Yet, the toll taken by receding glaciers, landslides, sea-level rise, poor air and the loss of green lungs is rarely an issue for the country’s political class even in an election year.
    • Ecology has, by and large, remained the concern only of academics, civil society groups and activists. 

• Lack of Executive Action: 

  • Governments have not always given proper respect to SC rulings that underline the links between ecology and human dignity. 
    • Delhi’s continuing air pollution is a classic example of the hiatus between jurisprudence and policy. 

• A Question & Threat to Development: 

  • Environmental issues like air and water quality receive attention only when they become an emergency. But with such a scenario, the issue of climate change would become grave. 
    • These events raise questions on the country’s developmental actions which haven’t always been sensitive to ecological concerns.

• Lack of Legal Framework: 

• • Overall, India’s legal framework lacks a single comprehensive climate change law.
    • While dwelling on India’s international commitments to mitigate the impact of greenhouse gas emissions, the apex court also noted that despite many regulations and policies to address the adverse effects of climate change, there was no single legislation relating to climate change and attendant concerns.
      • However, the absence of such legislation, did not mean that Indians do not have a “right against adverse effects of climate change”.

Climate Change & Human Rights in India

• Right to Health: 

  • Article 21 and Article 14 are important sources of the right to a clean environment and the right against the adverse effects of climate change. 
    • Without a clean environment, which is stable and non impacted by the impacts of climate change, the right to life is not fully realized. 
      • Article 21 recognises the right to life and personal liberty and the right to health is its important part.
      • Article 14 indicates that all persons shall have equality before law and the equal protection of laws.

• Article 48A: 

  • It states that the State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country. It was added by the 42nd Amendment, 1976 and places an obligation on the State to protect the environment and wildlife.

• Article 51-A (g): 

  • It states that it shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.

• Right to be free from the Adverse Effects of Climate Change: 

  • The right to health is impacted due to various factors such as air pollution, shifts in vector-borne diseases, rising temperatures, droughts, shortages in food supplies due to crop failure, storms, and flooding. 
  • Hence, a right to be free from the adverse effects of climate change is desirable.

• Judicial Intervention: 

• • M C Mehta v Union of India (1987): The Supreme Court treated the right to live in a pollution-free environment as a part of the Right to Life. 
  • Since then, several SC verdicts have underlined that people have a right to breathe unpolluted air, drink clean water and live a healthy life. 

Way Forward

• Urgent Shift on Solar Energy: India urgently needs to shift to solar power as India is likely to account for 25% of global energy demand growth over the next two decades, necessitating a move towards solar for enhanced energy security and self-sufficiency while mitigating environmental impacts. 
• A Call to Action: The Supreme Court said that states are compelled to take effective measures to mitigate climate change.
  • The intersection of climate change and human rights has been put into sharp focus in recent years, underscoring the imperative for states to address climate impacts by providing the rights.
• Interpretation of Rights: The Supreme Court opined that constitutional rights such as the right to life and equality before the law are interpreted to include the right to a clean environment and protection against the adverse effects of climate change. 
  • Even while lacking a comprehensive climate change law, India encompasses various measures aimed at mitigating environmental degradation and addressing climate change concerns. 

Conclusion

Recognition by the Supreme Court of India of the right to be free from the adverse effects of climate change within the purview of constitutional fundamental rights paves the way for legal accountability of actions that undermine meeting climate targets. This case significantly influences jurisprudence on climate governance in India. 

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