Climate Litigation Against Deep Sea Mining

Recently, Environmental activists have filed a lawsuit at an Oslo court challenging Norway’s proposal to carry out seabed mineral exploration, saying that authorities have not done sufficient impact assessment of the deep sea mining.

Climate Litigation Across the Globe

• Climate Litigation: Climate litigation is a form of legal action that is being used to hold countries and companies accountable for their climate mitigation efforts and historical contributions to climate change.
• Genesis: The phenomenon of climate change litigation originated in the United States, where the number of such cases is high, thanks to increasing awareness and a transition towards an ecocentric perspective.
  • The case of Juliana v. United States was pivotal, where a group of twenty-one young individuals sued the United States to demand both recognition of fundamental rights violations and a mandate to develop a plan for the progressive reduction and elimination of CO2 and fossil fuels.
• Key Cases: In April, Europe’s highest human rights court sided with a group of 2,000 Swiss women, all over the age of 64, who sued their government for not doing enough to combat the adverse effects of climate change.
  • In August 2023, young plaintiffs from Montana, USA, succeeded in a case against their state government. The government was found guilty of violating the plaintiffs’ constitutional right to a clean and healthful environment.

Climate Litigation in India

• Article 14 and Climate Change: The Supreme Court ruled that climate change impacts the right to equality, explaining that poorer communities would suffer disproportionately from severe food and water shortages caused by environmental degradation, thus affecting their right to equality.
• Right to Clean Environment: The court recognized the long-standing right to a clean environment in Indian law and emphasized the need for a specific right to protection from the growing impacts of climate change.

Climate jurisprudence in India

• Rural Litigation and Entitlement Kendra vs. State: Recognizing the right to a healthy environment as integral to human dignity under Article 21.
  • This landmark case marked the first instance in India where the Supreme Court intervened to stop illegal mining, highlighting the importance of environmental protection.
• M.C. Mehta vs. Union of India: The Supreme Court declared the right to live in a pollution-free environment as part of the fundamental right to life under Article 21 of the Constitution.
• Subhash Kumar v. State of Bihar (1991): In the case of Subhash Kumar v. State of Bihar (1991), the Supreme Court ruled that the right to life encompasses the right to a healthy environment, emphasizing the government’s responsibility to safeguard and enhance the environment. 
  • The court highlighted that a clean environment is essential for the enjoyment of the right to life and personal liberty.
• Karnataka Industrial Areas Development Board vs C Kenchappa:In this  case the Supreme Court acknowledged the negative impacts of increasing sea levels and global temperatures.
• MK Ranjitsinh And Ors. v. Union of India: In this  case the Supreme Court ruled that individuals possess a “right to be protected from the detrimental impacts of climate change,” a right discernible through the combined interpretation of Article 14 and Article 21.

Status of Climate Litigation in India

• Role of Judiciary: Indian courts have been handling environmental issues linked to climate for a while now, even if not explicitly labeled as climate litigation.
  • The National Green Tribunal focuses on environmental matters, but cases related to these issues often end up in the High Court and Supreme Court too.
• Potential for New Legal Precedents: The Supreme Court’s decision on the right against climate change may pave the way for a fresh legal framework that harmonizes human and socio-economic progress with environmental and climate concerns.
• Efficacy of Judicial Decisions: Doubts linger regarding the effectiveness of court judgments on climate change, particularly in ensuring the enforcement of rights concerning its impacts.
• Obstacles: Courts might not demonstrate the same level of proactive involvement in climate change cases as they do with other environmental issues, mainly due to the intricate nature of climate change and its socio-economic ramifications.

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