Recent judgment
The Supreme Court of India recently recognised a right to be “free from the adverse impacts of climate change” in M.K. Ranjitsinh and Others vs Union of India — sourcing it from the right to life and the right to equality
While this is indeed an important step in establishing climate jurisprudence in India, it raises the very important question of just how this right will be protected
There is, therefore, a strong case for climate legislation, but only if it is tailored to the Indian context.
Importance of a well designed law
Preparing India to reduce the risks of climate change and address its impacts requires nothing less than re-orienting development toward low-carbon and climate resilient futures.
Any law that attempts to take this on must ensure these objectives are internalised in routine decision-making at all levels of development.
Because climate change relentlessly targets the vulnerable, and because an energy transition must be just, it must be grounded in the imperative of advancing social justice.
While the concept of climate law is often associated with a top-down approach of setting and achieving targets, in a developing country, this approach is limited because addressing climate change is about more than limiting emissions.
Instead, it requires careful, ongoing, consideration of each developmental choice and its long-run synergies and tradeoffs with low-carbon and climate resilient futures.
To achieve this, the substantive right of protection against adverse effects of climate change must be realised, in part, through well-defined procedures in law that are applicable across levels of government.
Climate action is more credible when a well-designed institutional structure is strategising, prioritising, troubleshooting and evaluating policies behind the scenes
Umbrella laws that define government-wide goals and substantiate them with a set of processes and accountability measures are a known and increasingly popular way of bringing climate action to the heart of government.
However, these laws vary, and India’s approach must be tailored to our context.
Starting from a low base of per capita emissions — less than half the global average — India’s emissions are still growing, and our objective should be to squeeze out as much development as possible from each ton of carbon and avoid locking-in to high carbon futures.
A framework climate law should lay out an institutional structure capable of crafting viable answers to the questions on achieving a low-carbon, resilient society.
An immediate priority is to create a knowledge body in government capable of rigorously parsing policy options and the futures they might generate.
An independent ‘low-carbon development commission’, staffed with experts and technical staff, which could offer both national and State governments practical ways of achieving low-carbon growth and resilience would be a great take
Effective climate governance also requires the ability to set directions, make strategic choices, and encourage the consideration of low carbon choices and climate change impacts
A whole-of-government approach will also require dedicated coordination mechanisms for implementation.
The Ministry of Environment, Forest and Climate Change should continue to play a central role, but it needs to be complemented by higher-level coordination
Any institutional structure or regulatory instrument created to protect the Court’s newly established climate right must meaningfully engage with subnational governments
COMMENTS