The Supreme Court has recognised a much-felt, but less articulated right against the adverse effects of climate change as a distinct fundamental right in the Constitution.
“It is yet to be articulated that the people have a right against the adverse effects of climate change.
As the havoc caused by climate change increases year-by-year, it becomes necessary to articulate this as a distinct right.
It is recognised by Articles 14 (right to equality) and 21 (right to life),” the Supreme Court observed in a judgment released on April 6.
The court also highlighted the interconnection between climate change and various human rights, including the right to health, indigenous rights, gender equality, and the right to development.
The judgment noted that the right to a healthy environment, safe from the ill-effects of climate change, was a “fundamental human right”.
However, this does not mean that the people of India do not have a right against the adverse effects of climate change. »