India's Climate Justice Journey - From Global Precedents to Local Solutions
Taniya Ahuja, 1st year student, LLM, Faculty of Law, University of Delhi
Abstract
In today’s world, climate change is the most pressing issue and it requires an urgent action. The adverse impact of climate change is now being felt by every state and individual as the events of extreme weather conditions, degradation of ecosystems and biodiversity, migrations etc. are now being experienced at global level. In this context, addressing climate change is no longer optional. This article explores the recent Supreme Court of India’s judgement where Right against adverse impact of climate change has been recognised as a distinct Fundamental Right. This article analyses why this right needed a recognition by drawing parallels with legal development in other countries. It highlights the rising threats of climate change and urgency to address this crisis. The article also deals with the evolution of environmental jurisprudence in India. While India boasts its environmental laws, this article explores the limitations in India’s current legislative framework. In this context, the Supreme Court’s interpretation of the right to life and environment in the context of climate change becomes an important step forward. The article further emphasizes the importance of this judgment for ensuring effective environmental protection. It concludes with a call for action, urging stakeholders to work collaboratively to translate this newly recognized right into tangible action. This will ensure that the well-being of present and future generations is safeguarded.
Keywords: Climate Change, Fundamental Right, Climate Justice, Environmental Jurisprudence
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