Right Against Climate Change A Fundamental Right: Supreme Court

The Supreme Court of India has made a historical judgement regarding climate change which can act as a precedent for upcoming trials. In a hearing about the survival of the Great Indian Bustard, an endangered bird species, the court ruled that right against climate change is a fundamental right.

The Supreme Court said that the right to a clean and healthy environment which is free from any adverse effects of climate change is a fundamental right. The court cited article 14 and 21 which are the right to life and equality while making the judgement.

The court observed that climate change not only hampers an individual’s right to life but also their right to equality as different social groups and communities cope with the changes in different capacities.

The violation of right to healthy environment would lead to further violation of other rights like right to association and participation of all genders, housing, water. This would impose a duty on states to make sure that this right is upheld by ensuring environmental protection.

The court also suggested a shift to renewable form of energies in order to curb the climate change. The onus is on the government to ensure a clean and healthy environment.