Climate Policy of India

Context:

India’s Supreme Court, in its landmark judgment in M.K. Ranjitsinh and Ors. Vs. Union of India & Ors., has introduced a significant new dimension to the country’s climate change jurisprudence.

SC Verdict

• The Supreme Court recognized the right to “be free from the adverse effects of climate change” as a fundamental right derived from the Constitution’s guarantees of the right to life (Article 21) and equality (Article 14).
• This ruling is crucial as India navigates its climate policy landscape, presenting both opportunities and challenges in governance and legislation.

Positives of India’s Climate Policy

• Recognition of Climate Rights: The judgment elevates protection from climate change impacts to a fundamental human right, empowering citizens to demand accountability from the government.
• Renewable Energy Development: Prioritizing transmission infrastructure for renewable energy underscores India’s commitment to reducing carbon emissions and enhancing energy security.
• Systematic Governance Framework: The ruling provides a foundation for systematic governance around climate change, potentially leading to coherent policy frameworks.

Negatives of India’s Climate Policy

• Local Adaptation Measures: Critics argue that focusing on large-scale clean energy projects may overlook local adaptation measures and resilience-building efforts.
• Patchwork Approach: Reliance on judicial decisions and litigation may result in a fragmented approach to climate protection, lacking a unified national strategy.
• Lack of Umbrella Legislation: The absence of comprehensive legislation could hinder efforts across sectors and regions, limiting effectiveness.

Way Forward

• Enabling Legislation: Develop laws tailored to India’s needs, balancing mitigation with adaptation strategies across diverse sectors like urban development, agriculture, and water management. Example: Introducing a Climate Change Adaptation and Resilience Act mandating states to develop local climate action plans, integrating urban planning, agriculture, and water management.
• Inclusive Governance: Incorporate mechanisms for public participation, expert consultation, and transparency in setting climate targets and reporting progress.
• Federalism Integration: Ensure climate laws accommodate India’s federal structure, empowering states and local governments with resources and autonomy to implement climate actions effectively.
• Learning from International Models: Draw insights from global climate legislation examples, adapting best practices to suit India’s developmental context and vulnerabilities. Example: Germany emphasizes renewable energy deployment and efficiency, supported by policies like the Energiewende (Energy Transition).
• Holistic Approach: Prioritize laws stimulating low-carbon growth while enhancing climate resilience in infrastructure, agriculture, and natural resource management. Example: Green Building Codes mandating energy-efficient designs and materials and incentivizing developers to incorporate renewable energy and rainwater harvesting.