Judgment: Supreme court's historic ruling on right against climate change

In a landmark judgment, the Supreme Court of India has recognized the right against the adverse effects of climate change as a distinct fundamental and human right within the Constitution. 

This vital decision, delivered on April 6, addresses the pressing need to protect the environment for the well-being of all citizens. Chief Justice of India D.Y. Chandrachud highlighted the interconnectedness of climate change with fundamental rights (Articles 21 and 14), emphasizing the essential link between a clean environment and the realization of the rights to life and equality.

"The right to life is not fully realised without a clean environment. Factors like air pollution, rising temperatures, and food shortages impact right to health. There is a right to be free from the adverse effects of climate change." - Supreme Court, led by Chief Justice Dhananjaya Y. Chandrachud.

Key highlights from the verdict 

The Supreme Court of India has officially addressed the right to protection against the adverse impacts of climate change as a fundamental human right within the Constitution.

• Chief Justice of India D.Y. Chandrachud highlighted the linkage between environmental preservation and constitutional rights, specifically Article 21 (Right to life) and 14 (Right to equality).
• The judgment explains how climate change affects various aspects of life, including health, equality, and development, affirming the interconnectedness of environmental preservation with fundamental rights.
• The court also highlighted the vital role of renewable energy, particularly solar power, in mitigating the adverse effects of climate change, aligning with India's ambitious targets for renewable energy generation.
• Despite governmental initiatives, the judgment accounts for the absence of comprehensive legislation specifically addressing climate change in India, affirming citizens' inherent right to protection against its adverse effects.
• The court further observed that other rights, such as the right against displacement and allied rights, should also be taken into account before concluding. 
• The court also noted the disproportionate impact of climate change on marginalized communities such as forest dwellers or tribals, which depend on forests. The climate crisis does not only put their livelihoods and homes at risk but also their culture and traditional practices. 

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