ENVIRONMENTAL LAW AND CLIMATE CHANGE:LEGAL STRATEGIES FOR A SUSTAINABLE FUTURE

INTRODUCTION

Land restoration, desertification, and drought resiliencedrought resilience is the theme of World Environment Day 2024 commemorated worldwide on June 5. In contrast, rising sea levels, desertification, deforestation, soil degradation, and such multiple environmental challenges remain unchanged. In the meeting held at Rio-de-Janeiro, in 1958 India and various nations took an oath to protect the global environment. Likewise, several laws have been enforced to protect the environment at the global level. India a nation with diverse ecological systems, rich natural heritage, and major biodiversity hotspots recognizes the significance of environmental protection alongside ensuring a healthy and sustainable future. Justice V R Krishna Iyer observed, that public nuisance, because of pollutants being discharged by big factories to the detriment of poor sections, is a challenge to the social justice component of the rule of law.

CLIMATE CHANGE: UNDERSTANDING THE INTERPLAY BETWEEN LOCAL AND GLOBAL CLIMATE CHALLENGES

Climate change pertains to extended alterations in regional and global temperature patterns and atmospheric conditions. While these changes may occur naturally, driven by factors like solar activity or significant volcanic eruptions, the predominant influence has been mainly due to human activities. The burning of fossil fuels, such as coal, oil, and gas is the primary contributor to Climate change. This process releases greenhouse gases, and creates a blanket around the Earth, trapping the sun’s heat and elevating temperatures.

2023 was declared to be the hottest year on record while the temperature recorded was 1.48 degrees Celsius above pre-industrial times. That almost fragmented the 1.5 degrees Celsius limit that the world hoped to stay within in the 2015 Paris Agreement to avoid the most severe effects of Global Warming. During, the course of advancement, nations are releasing carbon and harmful gases at exceptionally high levels, posing a serious concern for the global community. This underscores the urgency of addressing environmental degradation to safeguard life on Earth.

LEGISLATIONS IN LIGHT OF THE ENVIRONMENT

Stockholm Conference held in 1972, highlighted the importance of safeguarding the natural world, encompassing forests, soils, animals, people, and the atmosphere, leading to the creation of environmental laws, earning it the title of Magna Carta in this field. Smt. Indira Gandhi, former Prime Minister of India, emphasized in her speech at the Stockholm Conference that preserving natural resources is crucial for the well-being of future generations. The Brundtland Report in 1987, introduced the term “sustainable development” meticulously, aiming to unite nations in achieving the common goal of Sustainable development. Johannesburg Declaration made a pivotal move towards a sustainable future by recognizing the inherent right to live in a pollution-free environment. “Sustainable Development” entails fulfilling current requirements without compromising the capacity of future generations to fulfill their own needs.” 

India has developed its legal system for environmental protection over time, showcasing a dedication to Sustainable development. Despite progress, challenges persist in enforceability, tackling emerging environmental issues alongside incorporating such factors into the policymaking process. The following laws aim to address various environmental issues coupled with sustainable development:

1. Environment Protection Act,1986 – Environmental Governance
2. National Green Tribunal Act, 2010 – Environmental Governance
3. Wildlife Protection Act, 1972 – Conservation of Biodiversity
4. Biological Diversity Act, 2002 – Conservation of Biodiversity
5. Water (Prevention and Control of Pollution) Act, 1974 – Pollution Control
6. Air (Prevention and Control of Pollution) Act, 1981 – Pollution Control
7. Forest (Conservation) Act, 1980 – Ecosystem Conservation
8. Coastal Regulation Zone Notification, 2018 – Ecosystem Conservation
9. Environmental Impact Assessment (EIA) Notification, 2006 – Estimate environmental impacts
10.  Solid Waste Management Rules, 2016 – Waste Management
11.  Plastic Wate Management Rules, 2016 – Waste Management
12.  National Action Plan on Climate Change, 2008 – Renewable Energy Promotion
13. Energy Conservation Act, 2001 – Power Development

ROLE OF JUDICIARY VIS-À-VIS ENVIRONMENTAL PROTECTION 

In an international legal conflict, youth plaintiffs seek to uphold fundamental rights to a healthy environment, contending that climate change and deforestation pose threats. The court ruled that the Amazon possesses legal personhood, granting rights to nature. Similarly, the largest Constitution in the world i.e.; the Indian Constitution recognizes specific provisions for inspect of the environment by including the right to a healthy environment in the ambit of the Right to Life, article 21 states: “No person shall be deprived of his life or personal liberty except according to the procedure established by law. In Damodar Rao v. S.O. Municipal Corporation Supreme Court (hereinafter referred to as ‘SC’) held that pollution and spoilation which is slowly poisoning and polluting the environment should be regarded as a violation of fundamental rights under Article 21 of the Indian Constitution.

42nd Amendment to the Constitution of India introduced Article 48A and 51A(g) under the Directive principle of State policy and Fundamental Duties respectively. The Apex Court stated whenever any case regarding environmental problems is brought to the court, it is bound to adhere to the said articles. 

Exploring the evolution of environmental jurisprudence in India would be incomplete without acknowledging the pivotal role played by a dedicated lawyer ‘Mr. Mahesh Chandra Mehta,’ who presented various significant issues to the SC under Article 32 of the Constitution, played a crucial part in India’s noteworthy progress in environmental conservation. The cases, such as the Taj Trapezium Case, wherein to protect the national heritage site, a petition was filed before the Apex court. SC applied the principle of Sustainable development, thereby striking a balance between economic development and environmental protection. Additionally, it recognized two principles known as the Polluter Pay Principle and the Precautionary Principle. These concepts later on formed the basis of Environmental law. As a result, the “polluter pays” principle was applied in the case of Indian Council for Enviro-Legal Action, since the industries purposefully disobeyed the court’s order of compensating the affected persons. In December 1985 (Oleum Gas Leak Case), the escape of oleum gas from the Shriram Food and Fertilizer Industries plant resulted in grievous harm to the residents nearby. This led to controversies nationwide whereby questions arose before the Court in respect of safety, environmental policies, and damages to the affected parties. SC while taking an unshakable approach established the “Absolute Liability Principle” which stated that any industry engaged in hazardous activities causing any damage to the environment or people would be liable.

The concept of Sustainable development in India was brought forth by the Dehradun Valley case. The main argument was that the quarries posed a threat to the ecosystem, destroying the natural vegetation. In light of these facts, the SC mandated the shutdown of mining activities in the Doon Valley, acknowledging it essential to preserve the right of people to dwell in a healthy environment accompanied by ecological balance. In the MC Mehta v. Union of India and others case, the SC examined vehicle pollution, directing to halt non-CNG vehicles and conversely promote the adoption of CNG vehicles. The court readily emphasized the significance of the principle of Sustainable development in environmental law.

LOCAL SOLUTIONS, GLOBAL IMPLICATIONS: NAVIGATING TO INDIA’S SUSTAINABLE FUTURE

ECOCENTRIC LAWS

Environmental law can be seen through two lenses: human-centric, driven by human interests, and ecocentric, centered around nature. Ecocentrism values inherent worth in all living entities, offering a holistic Earth perspective. India’s legal system has progressively shifted towards embracing ecocentric principles. In the 2012 T.N. Godavarman Thirumulpad case, the focus was on the Asiatic wild Buffalo, exclusive to the western and eastern ghats of India. The court, emphasizing an ecocentric approach, highlighted the imperative application of such principles. Similar to the earlier case, the court emphasized the significance of adopting an ecocentric perspective by preserving the endangered ‘Red Sandalwood’ in Andhra Pradesh.  Moreover, in the 2013 Centre for Environment Law, WWFI v. Union of India case, the court from the outset, applied an ecocentric principle. The judgement focused on saving the Asiatic wild lion and endangered species.

INTERGENERATIONAL EQUITY 

The entitlement of every generation to enjoy the advantages of natural resources. The principle is illustrated by the courts’ balanced consideration of both environmental conservation and developmental concerns. SC emphasized the importance of responsible utilization of Earth’s resources to safeguard and enhance them for future generations.

PUBLIC TRUST DOCTRINE

The doctrine mandates that the state, acting as a trustee, must protect the environment for the benefit of its citizens. When invoked by the judiciary, the court assumes the state’s responsibility to preserve and foster the environment. The doctrine imposes three key restrictions on the state, firstly, public resources should not only be used for public purposes but also be accessible to the general public. Secondly, Public assets cannot be sold or traded for any remuneration. Lastly, Public properties, precisely as rivers and lakes, must be maintained for specific purposes.

CORPORATE SOCIAL RESPONSIBILITY (CSR) RULES, 2014

These regulations require companies that meet certain financial criteria to allocate a designated portion of their profits towards CSR endeavors, including education, healthcare, and environmental conservation.

THE RIGHT TO INFORMATION ACT, 2005

The act grants citizens the authority to obtain information regarding government decisions, policies, and activities, fostering transparency, accountability, and public engagement in decision-making procedures. 

SMART CITIES MISSION

Introduced in 2015, this project strives to cultivate 100 smart cities nationwide, integrating sustainable urban design, effective resource allocation, and technology-centric solutions.

MAKE IN INDIA

This campaign aims to boost domestic manufacturing and entice foreign investment, all while fostering sustainable industrial expansion through environmental policies and incentives for eco-friendly technologies.

G20 – ONE EARTH, ONE FAMILY, ONE FUTURE

During its G20 presidency in 2022, India placed a high priority on energy and climate change mitigation. Key areas of focus include climate finance, energy security, and green hydrogen to support the goals of the Paris Agreement.

CONCLUSION AND WAY FORWARD

As final observation, addressing climate change and promoting sustainability through legal strategies is essential for safeguarding the planet. By integrating comprehensive legal frameworks, fostering international cooperation, and promoting innovative solutions can lead towards a more sustainable and resilient future for generations to come. However, continual adaptation and enforcement of these laws are paramount to ensure commitment to environmental stewardship for achieving sustainable future.