ASPECTS | DETAILS |
Case Title | MK Ranjitsinh And Ors. v. Union of India And Ors. |
Introduction | Supreme Court recognizes right to be free from adverse effects of climate change as a distinct right. |
Factual Background | Court notes absence of legislation on climate change in India but asserts people’s right against its adverse effects. |
Legal Issues | Recognition of right to be free from adverse effects of climate change. Balancing conservation of GIB with India’s international commitments to reduce carbon footprint. |
Applicable Law | Articles 14 (equality before law) and 21 (right to life) of the Indian Constitution. International commitments under agreements like the Paris Agreement. |
Analysis | Court emphasizes the need to recognize the right to be free from adverse effects of climate change as a distinct right, citing examples of how it impacts various communities and the environment. |
Conclusion | Advocates a balanced approach, emphasizing the need for a holistic approach that does not sacrifice conservation goals for the GIB or the environment as a whole. |
Current Scenario | Expert committee constituted to examine installing powerlines in ‘Priority’ areas for GIB conservation. Report due by July 31, 2024. |
CASE SUMMARY : The Supreme Court, in a landmark judgment, recognized the right to be free from the adverse effects of climate change as a distinct right under Articles 14 and 21 of the Indian Constitution. This right is to be appreciated in the context of national and international commitments, scientific consensus on climate change, and other rights of affected communities. The Court emphasized a balanced approach, modifying previous orders regarding the undergrounding of power lines to consider India’s obligations towards conservation and reducing its carbon footprint.
SOURCE- SUPREME COURT OF INDIA
Read More-IUML CHALLENGES FLAWED CAA MINORITY PROTECTION