हमारे न्यूज़लेटर के लिए साइन अप करके शीर्ष इकोवॉच सामग्री सीधे अपने ईमेल पर प्राप्त करें!
The Supreme Court of India has broadened the interpretation of the 'Right to Life' to encompass protection against climate change. EcoWatch is a digital platform that was established in 2005 in Ohio and focuses on sharing high-quality, scientifically-backed content related to environmental topics, causes, and potential solutions.
The Supreme Court of India made an important decision regarding climate change, stating that a person's right to life also includes being safeguarded from the effects of climate change.
The decision is based on the basic rights outlined in Article 21 of the nation's constitution, as reported by The Independent.
The court's decision stated that a clean and stable environment free from the effects of climate change is essential for the full realization of the right to life. Factors such as air pollution, changes in disease-carrying organisms, increasing temperatures, droughts, crop failures, storms, and floods can have a negative impact on health, which is a part of the right to life as defined in Article 21.
During a court hearing on March 21, a statement was issued concerning the conservation of two bird species that are at risk of becoming extinct.
According to reports from The Indian Express, the Supreme Court of India has broadened the scope of Articles 21 and 14 to now include protection against the negative impacts of climate change.
The court emphasized that the environment is crucial and is considered a fundamental right in various sections of the Constitution. Article 21 acknowledges the right to life and personal freedom, while Article 14 ensures equality before the law and protection under the law for all individuals. These articles serve as important foundations for the right to a healthy environment and protection against the negative impacts of climate change.
The court asked for a committee to be formed in order to strike a balance between building clean energy infrastructure in the states of Gujarat and Rajasthan and protecting the Great Indian Bustard bird species. This information was reported by The Independent.
India has been identified as a highly vulnerable country to the effects of climate change by various research organizations because of its large population, reliance on agriculture, and frequent exposure to droughts, floods, and other extreme weather conditions.
The court noted that while there are policies and regulations in India that acknowledge the negative impacts of climate change and aim to address them, there is no specific law that specifically addresses climate change and its related issues. However, this does not mean that the citizens of India do not have the right to protection against the harmful effects of climate change.
According to the court, underserved communities have been unable to effectively adjust to climate change or handle its consequences, resulting in violations of their rights to life and equality.
In 2015, the Paris Agreement acknowledged the rights of people in relation to the climate crisis. This was reported by Down to Earth.
Recognizing that climate change is a global issue, countries should consider their responsibilities towards human rights, health, indigenous peoples, local communities, migrants, children, individuals with disabilities, and those in vulnerable situations when taking actions to address climate change. Additionally, they should prioritize gender equality, women's empowerment, and fairness between generations.
The Indian court announced their decision before the European Court of Human Rights found Switzerland guilty of not doing enough to address the effects of the climate crisis on its citizens.
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