Ex-SC Judge Calls For Comprehensive Climate Law In India

Retired Supreme Court Justice Hima Kohli has underscored the urgent need for a robust national climate law in India, emphasizing that existing environmental legislation is often fragmented and inadequate to address the complexities of climate change.

Speaking at an event titled “Climate Liability, Justice, and Jurisprudence,” Justice Kohli highlighted the Supreme Court’s landmark judgment in the MK Ranjit Sinh case as a pivotal moment for enhancing India’s environmental laws and integrating human rights into climate discussions.

Justice Kohli stated, “There is a pressing need for comprehensive legislation dedicated specifically to climate change. Although India has various environmental laws, they frequently lack cohesion and fail to tackle the multifaceted challenges posed by climate change effectively.”

She advocated for a national climate law grounded in constitutional principles and aligned with international obligations.

Such legislation, according to Justice Kohli, should incorporate provisions for climate adaptation and mitigation, establish accountability mechanisms for both state and non-state actors, and include modalities for compensating communities impacted by climate-related disasters.

She emphasized the importance of prioritizing vulnerable populations, ensuring their access to resources, legal remedies, and protection from climate impacts.

Justice Kohli further noted, “While interpreting existing laws expansively in the interest of environmental protection, the judiciary can recommend the creation of comprehensive climate legislation through its orders and affirmative directions.”

In the context of the MK Ranjit Sinh case, which addressed the impact of overhead power lines from renewable energy projects on the Great Indian Bustard, the Supreme Court recognized the right against adverse effects of climate change as a distinct fundamental right.

Justice Kohli remarked that this judgment paves the way for a new era of climate litigation, linking environmental protection directly to citizens’ fundamental rights.

She expressed confidence that the ruling would strengthen India’s environmental laws by establishing a holistic legal framework for addressing climate change, empowering citizens to challenge insufficient climate action.

She said, “This decision enhances India’s credibility as a committed leader in climate change policy and can serve as a model for other nations.”

Justice Kohli acknowledged the vital role of public interest litigations (PILs) in advancing climate justice but cautioned against their potential misuse for frivolous or political purposes. She stated, “PILs have been a powerful tool in India’s legal system, particularly in environmental protection.

Moving forward, they can empower civil society to challenge inadequate climate actions by governments and corporations, but they must be used responsibly.”

Justice Kohli concluded by asserting the promise of PILs in climate litigation, urging courts to carefully scrutinize such petitions to ensure they address genuine concerns.

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