Climate Change and Environmental Justice in India: A Doctrinal Analysis of Human Rights Jurisprudence
Abstract
Climate change is one of the biggest challenges we face as a global community; it has far-reaching implications for both human rights and environmental sustainability. In India, it has become a significant constitutional issue demanding the scrutiny of environmental governance according to justice and equity. Fundamental Rights, Directive Principles of State Policy and a Fundamental Duties enshrined in the Indian Constitution provide directions for protecting the environment. Judiciary has defined Article 21 to include the right for a clean and healthy environment by raising environmental protection with the sanctity of right to life and personal liberty. Articles 14, 19, 48A and 51A(g) strongly advocate for environmental justice & equitable responsibility. Since the Rio Declaration, the UNFCCC, the Kyoto Protocol and, more recently, the Paris Agreement have reinforced themes of fairness in climate action and sustainable development. This study adopts a doctrinal methodology to investigate the evolution of environmental justice in Indian constitutional jurisprudence. It brings note of the pathbreaking M.K. Ranjitsinh v. Union of India (2024) which said, among other things, that right to protection against the deleterious effects of climate change is a fundamental right. Abstract not available
Keywords
Climate Change, Environmental Justice, Human Rights, Judicial Activism, Sustainable Development