Right against adverse effects of Climate Change part of Right to Life and Equality: Supreme Court (SC)

Posted 08 Apr 2024

2 min read

A 3-Judge bench of the SC was hearing an application for modification by the Union MoEFCC, Ministry of Power, and Ministry of New and Renewable Energy against an order issued by the SC in April 2021.
- April 2021 order of the SC imposed restrictions on setting up of overhead transmission lines in certain areas of Rajasthan for conservation of Great Indian Bustard (GIB).

Key highlights of the SC judgment
- Articles 14 (Right to Equality) and Article 21 (Right to Life and Personal Liberty) are important sources of right to a clean environment and right against adverse effects of climate change.
- Inability of underserved communities to adapt to climate change or cope with its effects violates the rights granted under Article 14 and 21.
  - e.g., Food and water shortages due to climate change and environmental degradation affects poorer communities more, affecting right to equality.

Article 48A: State shall endeavour to protect and improve the environment and to safeguard the forests and wild life.
Article 51A (g): Duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.

Important SC judgments regarding constitutionalization of environmental problems
- M.C. Mehta v. Kamal Nath (1996): Any disturbance of basic environment elements, namely air, water and soil, would be hazardous to “life” within meaning of Article 21.
- Virender Gaur v. State of Haryana (1994): Right to clean environment is an integral facet of right to a healthy life.

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