Answer

In its recent judgement in the case of M.K. Ranjitsinh and Ors. vs Union of India & Ors., the Supreme Court of India recognised the ‘Right to be free from the adverse effects of climate change’ as a constitutional right under Article 21 (Right to Life and Personal Liberty) and Article 14 (Right to Equality) of the Indian Constitution. This landmark decision emerged from a case concerning the protection of the endangered Great Indian Bustard (GIB) and underscores the increasing global and national significance of addressing climate change and its impacts.

Need for a Comprehensive Climate Change Law in India

• Current Legal Framework: India has numerous environmental laws and policies like the Environment Protection Act 1986, the Air (Prevention and Control of Pollution) Act 1981, and the Water (Prevention and Control of Pollution) Act 1974. However, these are fragmented and lack a cohesive approach to climate change.
• Gaps and Limitations: The current legal framework often fails to address the complex and interconnected nature of climate change issues, resulting in gaps and inefficiencies.
  For example: The Forest Conservation Act 1980 primarily focuses on preventing deforestation but does not address the broader impact of climate change on forest ecosystems.
• Supreme Court’s Recognition: The Supreme Court’s decision highlights the need for a legal structure that explicitly addresses climate change, ensuring the protection of constitutional rights against environmental degradation.
• International Obligations: As a signatory to the Paris Agreement, India has committed to reducing its greenhouse gas emissions and adopting sustainable practices, and comprehensive law would help fulfil these commitments.
  For example: India’s commitments as per Nationally Determined Contributions (NDCs) under the Paris Agreement include targets for increasing renewable energy capacity and improving energy efficiency.
• Holistic Approach: A unified law is necessary to coordinate efforts across various sectors and levels of government, ensuring a consistent and effective response to climate change.
  For instance: The recurring floods in Mumbai and Chennai highlight the need for a more integrated approach to urban planning and climate resilience.
• Public Health and Safety: Climate change poses significant risks to public health, safety, and livelihoods, necessitating legal measures to mitigate these risks.
  For instance: In the summer of 2024, a prolonged heatwave and severe floods in India claimed over 100 lives, affecting the health of thousands.
• Economic Impact: The economic implications of climate change, including its effects on agriculture, water resources, and infrastructure, demand a proactive legal response.
  For instance: The agrarian crisis in India is exacerbated by unpredictable weather patterns and droughts. 

Arguments Against the Need for a Comprehensive Climate Change Law in India:

• Existing Laws Cover Key Areas: India’s existing environmental laws, such as the Environment Protection Act 1986 and Air (Prevention and Control of Pollution) Act 1981, already address key aspects of environmental protection and pollution control.
  For example: The Water (Prevention and Control of Pollution) Act 1974, originally focused on water pollution, has been adapted to address various emerging issues related to water quality and conservation over the years.
• Flexibility and Adaptability: Current laws allow for flexibility and can be adapted to address specific issues as they arise, making it possible to tackle climate-related challenges without the need for new, overarching legislation.
  For example: The National Green Tribunal Act 2010 established a tribunal for swift environmental justice, adapting its focus to address various challenges, including climate-related issues.
• Focus on Implementation: The main issue lies in the enforcement and implementation of existing laws hence, strengthening enforcement mechanisms can be more effective than creating new legislation.
  For example: The Solid Waste Management Rules 2016 have detailed provisions for waste segregation and processing, but implementation at the municipal level remains a challenge.
• International Commitments: India’s current legal framework already supports its commitments under international agreements like the Paris Agreement and enhancing these frameworks may not make much difference in meeting the present international obligations.
  For example: The Renewable Energy Certificates (RECs) mechanism supports the Paris Agreement goals by promoting renewable energy generation and compliance.
• Bureaucratic Inefficiency: Adding a comprehensive climate change law could increase bureaucratic complexity hence, simplifying and streamlining existing procedures can enhance efficiency in climate governance.

Balancing Development with Environmental Sustainability:

• Sustainable Development Goals (SDGs): The new law can align all climate change initiatives with the SDGs to ensure a balanced approach to development and sustainability, addressing economic, social, and environmental objectives all together.
  Green Economy: Catalyse shift to a green economy that supports sustainable development, reducing environmental impact while fostering economic growth and innovation.
  For instance: Increased and targeted investment in renewable energy sources like solar and wind power demonstrates a shift towards a green economy
• Industry Regulations: Enforce regulations to minimise industrial carbon emissions, balancing environmental protection with continued economic progress.
• Incentives for Sustainable Practices: Offer better incentives to encourage industries and businesses to implement sustainable practices, promoting eco-friendly operations and technologies.
• Green Financing: Provide subsidies, grants, and low-interest loans for sustainable projects and technologies.
• Carbon Pricing: Implement carbon taxes or cap-and-trade systems to internalise the environmental costs of carbon emissions.
• Infrastructure Development: Support the creation of eco-friendly and sustainable infrastructure, ensuring long-term environmental and economic benefits.
• Research and Development (R&D): Fund R&D in clean energy, energy storage, and other sustainable technologies.
• Technology Transfer: Facilitate the transfer of sustainable technologies to developing regions.

The Supreme Court’s decision reflects a nuanced approach, recognising the urgent need to combat climate change while protecting endangered species. This judgement sets a significant precedent for integrating environmental rights within constitutional protections, highlighting the complex interplay between development and sustainability in India’s legal landscape.