Right Against Adverse Effects Of Climate Change : Supreme Court
The Supreme Court of India recognized the right against adverse effects of climate change as a fundamental right within the ambit of Articles 14 (right to equality) and 21 (right to life) of the Indian Constitution.
- The Supreme Court’s observation came while delivering a judgment in a case related to the protection of endangered bird species, the Great Indian Bustard and the Lesser Florican, in Gujarat and Rajasthan.
- The case dealt with the impact of overhead power transmission lines on the habitats and flight paths of these birds.
- The Supreme Court stated that the right against the adverse effects of climate change, although not explicitly articulated, is inherently linked to the right to a clean environment, which is recognized as a fundamental right under Articles 14 and 21 of the Constitution.
- The court emphasized that as the impact of climate change intensifies year by year, it becomes necessary to recognize this right distinctly.
- The judgment noted that violations of the right to a healthy environment due to climate change can have ramifications across numerous rights domains, such as the right to life, personal integrity, health, water, housing, and procedural rights like information, expression, association, and participation.
