Evolving Legal Frameworks in India and Internationally on climate change
Climate change poses one of the greatest challenges of our time, prompting countries around the world to adopt legal measures to mitigate its impacts and hold responsible parties accountable. In recent years, legal cases related to climate change have become more prevalent, leading to the evolution of legal frameworks both in India and internationally. This blog explores the changing legal landscape in response to climate change, highlighting significant cases and the emerging legal frameworks in India and abroad.
Climate Change Legal Cases in India:
Case Study: The Vedanta Sterlite Copper Plant in Tamil Nadu
The Vedanta Sterlite Copper Plant, located in Thoothukudi, Tamil Nadu, faced legal challenges due to its environmental impact and alleged violations of environmental regulations. The plant was accused of polluting the air and water, causing harm to the health of local communities and the environment. Energy are conserved, leading to a reduction in greenhouse gas emissions and e-waste generation.
Legal Proceedings:
In 2018, following protests and petitions by local residents and environmental activists, the Tamil Nadu Pollution Control Board ordered the closure of the Sterlite Copper Plant. The decision was challenged by Vedanta Resources in the National Green Tribunal (NGT) and later in the Supreme Court.
Outcome:
In 2020, the Supreme Court upheld the closure of the Sterlite Copper Plant, citing environmental concerns and violations of environmental norms. The case highlighted the importance of stringent environmental regulations and the role of the judiciary in enforcing them to address the impacts of climate change.
Climate Change Legal Cases Internationally:
Case Study: Urgenda Foundation v. The State of the Netherlands
In 2015, the Urgenda Foundation, a Dutch environmental organization, filed a lawsuit against the Dutch government, alleging that it was failing to take adequate action to combat climate change. Urgenda argued that the government's insufficient efforts to reduce greenhouse gas emissions violated its duty to protect citizens' human rights.
Legal Proceedings:
The case went to trial in the District Court of The Hague, where Urgenda's arguments were upheld. The court ruled that the Dutch government had a legal obligation to reduce greenhouse gas emissions by at least 25% by 2020 compared to 1990 levels, based on its duty to protect citizens' right to life and private life under the European Convention on Human Rights.
Outcome:
The ruling in the Urgenda case set a groundbreaking precedent, establishing that governments have a legal duty to take effective action to mitigate climate change to protect the rights of their citizens. The Dutch government was ordered to accelerate its climate policies to comply with the court's decision.
Evolving Legal Frameworks:
International Climate Agreements: The Paris Agreement, adopted in 2015, represents a landmark international agreement aimed at limiting global warming and mitigating climate change impacts. Countries are required to submit nationally determined contributions (NDCs) to reduce greenhouse gas emissions and enhance resilience to climate change.
Domestic Climate Legislation: Many countries, including India, have enacted domestic legislation to address climate change and promote sustainable development. India's National Action Plan on Climate Change (NAPCC) and the Climate Change Act of 2010 are examples of efforts to integrate climate considerations into national policy and legal frameworks.
Climate change presents a complex and urgent challenge that requires coordinated action at the international, national, and local levels. Legal cases related to climate change play a crucial role in shaping policy, holding governments and corporations accountable, and advancing climate justice. As the legal landscape continues to evolve, it is essential to strengthen legal frameworks, enhance enforcement mechanisms, and prioritise climate action to safeguard the planet and future generations.
Dr. Rennie Joyy
Chairman & MD
Aalekh Foundation