Speaking at an event titled “Climate Liability, Justice, and Jurisprudence” on Friday, she highlighted the Supreme Court’s landmark ruling in the M K Ranjit Sinh case as a crucial step toward enhancing India’s environmental legislation and incorporating human rights into climate discussions.
NEW DELHI: On Sept 28: Retired Supreme Court Justice Hima Kohli called for a strong national climate law, asserting that existing environmental regulations are often fragmented and inadequate for addressing the complexities of climate change.
Speaking at an event titled “Climate Liability, Justice, and Jurisprudence” on Friday, she highlighted the Supreme Court’s landmark ruling in the M K Ranjit Sinh case as a crucial step toward enhancing India’s environmental legislation and incorporating human rights into climate discussions.
“There is an urgent need for comprehensive legislation specifically focused on climate change. India has numerous environmental laws, but they are often disjointed and insufficient to tackle the multifaceted challenges posed by climate change. A strong national climate law based on constitutional principles and aligned with international obligations is essential,”
she stated.
Justice Kohli emphasized that such legislation should include provisions for climate adaptation and mitigation, mechanisms for holding state and non-state actors accountable, and measures for compensating communities affected by climate-related disasters.
It should also prioritize vulnerable populations, ensuring their access to resources, legal remedies, and protection from climate impacts.
“While interpreting existing laws broadly to protect the environment, the judiciary can recommend the creation of such legislation through its orders and address gaps with affirmative directions, as it has done previously,”
she remarked.
In the M K Ranjitsinh and Others vs. Union of India case, the Supreme Court recognized the right to be free from the adverse effects of climate change as a distinct fundamental right. This case initiated a broader dialogue on balancing climate action with other conservation measures, with the government arguing that power transmission lines are vital for India’s climate change response.
Justice Kohli noted that the M K Ranjitsinh case ushered in a new era of climate litigation, where environmental protection is closely tied to the fundamental rights of citizens. She believes the ruling will bolster India’s environmental laws by establishing a comprehensive legal framework to address climate change.
“It empowers citizens to challenge inadequate climate action. This Supreme Court decision is also a step forward in integrating human rights into climate discourse, positioning India as a significant player in global climate change policy. This ruling enhances India’s credibility as a committed leader in climate change and can serve as a model for other countries,”
she stated.
Justice Kohli acknowledged the crucial role of public interest litigations (PILs) in advancing climate justice in India but cautioned against their misuse for trivial or political purposes.
“PILs have been powerful tools in India’s legal system, particularly for environmental protection. Moving forward, they can play a vital role in advancing climate justice by empowering civil society to challenge insufficient climate actions by governments, corporations, and public bodies,”
she said.
“The future of PILs in climate litigation looks promising, but it is vital to ensure they are used responsibly and effectively. Courts must scrutinize PILs and select only those that address genuine concerns and are not misused for frivolous or politically motivated ends,”
the retired SC judge concluded.
In July, Supreme Court judge Justice K V Viswanathan advocated for the establishment of a permanent commission in India, akin to NITI Aayog, to develop comprehensive solutions to the climate change issue. He noted that there is ongoing debate among experts regarding the framework for the umbrella legislation on climate change that India should adopt.
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