Right Against Adverse Effects Of Climate Change Part Of Right To Life, Says Supreme Court
In a historic ruling, the SC bench headed by Chief Justice of India DY Chandrachud expanded the scope of Articles 14 and 21. The three-judge bench of the SC also comprising Justices J B Pardiwala and Manoj Misra, gave the ruling on March 21 hearing a petition to protect climate.
In a significant ruling that has far-reaching consequences, the Supreme Court has held that citizens have a fundamental right against the adverse effects of climate change.
In a historic ruling, the SC bench headed by Chief Justice of India DY Chandrachud expanded the scope of Articles 14 and 21 to include the ¡°right against the adverse effects of climate change".
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Ruling in plea on Great Indian Bustard conservation
The three-judge bench of the SC also comprising Justices J B Pardiwala and Manoj Misra, gave the ruling on March 21 hearing a petition to protect the Great Indian Bustard (GIB) from losing its habitat due to power transmission lines.
The details of the order were only uploaded on the SC's website over the weekend.
GIB is a critically engaged bird species that is found in Rajasthan and Gujarat. According to some estimates, there are less than 200 GIBs left in the wild.
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According to conservationists, one of the biggest threats GIBs face is from collision with power lines.
What SC said
"Article 48A of the Constitution provides that the State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country. Clause (g) of Article 51A stipulates 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. Although these are not justiciable provisions of the Constitution, they are indications that the Constitution recognises the importance of the natural world,¡± the SC said.
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Right to life
"The importance of the environment, as indicated by these provisions, becomes a right in other parts of the Constitution. Article 21 recognises the right to life and personal liberty while Article 14 indicates that all persons shall have equality before law and the equal protection of laws. These Articles are important sources of the right to a clean environment and the right against the adverse effects of climate change," it added.
Climate change's impact on India
India is among the countries that are highly vulnerable to climate change and nine states -- Punjab, Bihar, Uttar Pradesh, Assam, Rajasthan, Tamil Nadu, Maharashtra, Kerala and Gujarat are predicted to be the most affected.
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