Daily News Analysis » April 2024 » Supreme Court expands Article 21 – Right against the adverse effects of climate change : 8 April 2024

Supreme Court expands Article 21 – Right against the adverse effects of climate change : 8 April 2024

Background:

  • 2021: To protect the Great Indian Bustard’s habitat from power transmission lines, the Court had suggested the idea of moving the lines to the underground.
  • 2024: The court has reversed its earlier order understanding the economic and technical challenges of moving the transmission lines. But it raised key points on rights against climate adversities. 

Constitutional Articles for Environment:

  • Article 48A: The State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country. 
  • Article 51A Clause(g):  It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.

Key Points Raised by the Supreme Court:

  • India does not have any umbrella legislation under which climate change and climate justice issues could be addressed.
  • However, the court said the absence of law does not mean absence of right.
  • The court said Article 21 (Right to Life) includes the “right against the adverse effects of climate change”.
  • It also said that “the inability of certain communities to adapt to climate change violates the right to life (Article 21) as well as the right to equality (Article 14).”

M.C. Mehta vs. Union of India have recognized the right to a pollution-free environment as part of Article 21.

Why in News:

  • Recently,  the Supreme Court has expanded the scope of Articles 14 and 21 to include the “right against the adverse effects of climate change.