Will the Landmark Supreme Court Judgement on Climate Change Change the Course of Environmental Policy?
Apr 13, 20242 min read
On April 6th, 2024 Supreme Court of India recognised right against climate change a fundamental and human right linking it to Article 14 (right to equality) and Article 21 (right to life).
Chief Justice Chandrachud said and I quote: “The right to health (which is a part of the right to life under Article 21) is impacted due to factors such as air pollution, shifts in vector-borne diseases, rising temperatures, droughts, shortages in food supplies due to crop failure, storms, and flooding. The inability of underserved communities to adapt to climate change or cope with its effects violates the right to life as well as the right to equality"
This is a landmark judgement for a developing country like India and was passed in connection to a case related to survival of the endangered Great Indian Bustard species whose natural habitat and flight routes collide with power transmission lines in Gujarat and Rajasthan.
On a related note, about a year ago on 29th March , 2023, some 2000 Swiss women above the age of 64 filed a case against Switzerland in European court of Human rights and claimed that Switzerland didn't do their part in curbing the climate change and cutting down on emissions.
They said that their government's inaction put them at the risk of dying due to heatwaves and they are more vulnerable to climate due to their age and gender.
Yesterday, almost a year later, the court found Switzerland at fault and noted that Swiss state violated the “right to respect for private and family life” guaranteed by Article 8 of the European Convention on Human Rights. It also stated that climate protection is a human right , and that the region’s governments are obligated to protect their citizens from the effects of global heating.
This decision which cannot be appealed is binding on 46 countries that have signed the European convention on Human rights.
Decision by Supreme court on recognising right against climate change a fundamental and human right means that people of India can now raise their voices if climate change pose a significant threat to their right to life as done by Swiss elderly women.
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