Climate Change - as a Fundamental and Human Right under the Indian Constitution

Climate Change as a Fundamental and Human Right under the Indian Constitution

The issue of climate change has risen to become one of the most pressing challenges facing humanity in the 21st century. Its far-reaching impacts are felt across the globe, affecting ecosystems, economies, and human well-being. In the context of India, where the effects of climate change are becoming increasingly visible through erratic weather patterns, rising sea levels, and changing agricultural yields, the question arises: Is the right to a healthy environment and protection against climate change enshrined as a fundamental and human right under the Indian Constitution?

Article 21: Right to Life and Personal Liberty

Article 21 of the Indian Constitution guarantees the right to life and personal liberty to every citizen. Over the years, the Supreme Court of India has interpreted this right expansively to include a broad spectrum of rights aimed at ensuring a life of dignity and quality for its citizens. In several landmark judgments, the Court has recognized that the right to a clean and healthy environment is integral to the right to life under Article 21.

The Supreme Court, in the case of M.C. Mehta v. Union of India (1987), famously held that “the right to life includes the right to a wholesome environment.” This judgment emphasized the state’s duty to protect and improve the environment for present and future generations. It laid down the principle that environmental protection is not just a governmental responsibility but a fundamental right of every citizen. Therefore, any act or omission that causes environmental degradation and violates this right can be challenged in the courts.

Article 14: Right to Equality

Article 14 of the Indian Constitution guarantees the right to equality before the law and equal protection of the laws to all persons. While this Article primarily deals with the right to equality in the context of civil and political rights, its principles can be invoked to argue for equal protection from the adverse effects of climate change.

Climate change impacts do not discriminate; they affect rich and poor, urban and rural populations alike. However, marginalized and vulnerable communities often bear a disproportionate burden of the adverse impacts due to their limited resources and capacity to adapt. Article 14 can be invoked to argue that all citizens have an equal right to protection from the adverse effects of climate change, and the state has a duty to ensure equitable distribution of resources and opportunities for adaptation and mitigation.

Climate Change as a Distinct Fundamental and Human Right

While Article 21 and 14 provide the constitutional basis for recognizing the right to a healthy environment and protection against climate change, there is a growing recognition that these rights should be explicitly recognized as distinct fundamental and human rights under the Indian Constitution. Given the existential threat posed by climate change and its intergenerational impacts, there is a strong case to be made for elevating the right to a clean and healthy environment to the status of a distinct fundamental right.

Several countries around the world have recognized the right to a healthy environment as a fundamental right in their constitutions or through legislation. In India, the National Green Tribunal Act, 2010, which provides for the establishment of a specialized environmental tribunal, implicitly acknowledges the importance of environmental rights. However, there is a need for explicit constitutional recognition to provide stronger legal protection and ensure effective enforcement of these rights.

Conclusion

The Indian Constitution, through Articles 21 and 14, provides a robust framework for recognizing the right to a healthy environment and protection against climate change. There is a pressing need to explicitly recognize these rights as distinct fundamental human rights. Given the growing challenges posed by climate change and its far-reaching impacts on the lives and livelihoods of millions of people, it is imperative for the Indian legal system to evolve and adapt to address these challenges effectively. Recognizing the right to a clean and healthy environment as a distinct fundamental and human right will not only strengthen the legal framework for environmental protection but also reaffirm India’s commitment to sustainable development and the well-being of its citizens.