Kirti Patil, KLE Law College, Navi Mumbai, pursing T.Y.LLB during my Internship at LeDroit India.
Abstract
Climate litigation has become an influential strategy in the fight against climate change. With policy efforts often proving inadequate, individuals, communities, and environmental organizations are increasingly turning to the judiciary to hold governments and corporations legally accountable for environmental harm. This article explores the rise of climate litigation, examines landmark cases from around the world, and delves into the legal principles and frameworks—especially in the Indian context—that support such legal actions.
Keywords:
Climate, litigation, environment, governmental, legal.
Introduction
Climate change is no longer a future threat; it is a current and escalating crisis. Observable phenomena such as melting ice caps, rising temperatures, destructive floods, and intense heatwaves underscore the urgent need for intervention. As governmental responses lag, citizens, environmental advocates, and youth activists are engaging the legal system to demand accountability and compel action. Climate litigation, which involves legal challenges targeting the root causes and impacts of climate change, is fast emerging as a central tool in the global climate movement.
Defining Climate Litigation
Climate litigation involves legal proceedings initiated against state or private entities for their role in contributing to or failing to prevent climate change. It is a subset of environmental law focused on holding polluters accountable and demanding proactive climate governance. This approach leverages national laws, constitutional rights, and international agreements to demand stronger mitigation and adaptation measures.
Forms of Climate Litigation
- Mitigation-Oriented Litigation
Such cases seek to compel governments or industries to reduce greenhouse gas emissions, arguing that inaction or insufficient climate policies violate environmental and human rights obligations. - Adaptation-Focused Litigation
These cases aim to ensure that governments undertake necessary measures to protect populations from the current and anticipated effects of climate change—such as sea-level rise, extreme weather events, or prolonged droughts.
What Does “Suing for the Planet” Mean?
The concept of “suing for the planet” reflects the increasing use of litigation to demand accountability for environmental degradation. Citizens, NGOs, and vulnerable communities are initiating lawsuits against state institutions and fossil fuel companies, accusing them of contributing significantly to climate change. These legal efforts often seek compensation, regulatory reform, or court-mandated emission reductions to prevent further harm to the environment and public health.
Legal Framework for Climate Litigation in India
India’s legal structure provides strong constitutional and statutory backing for climate litigation, often invoked through Public Interest Litigations (PILs) before higher courts.
- Constitutional Provisions
- Article 21 safeguards the right to life, which Indian courts have interpreted to include the right to a healthy environment.
- Article 48A urges the state to protect and improve the environment.
- Article 51A(g) obliges every citizen to preserve and enhance the natural environment.
- The Environment (Protection) Act, 1986
This legislation empowers the central government to regulate industrial emissions and take preventive measures against environmental pollution, thereby offering a legal basis for climate-related claims. - The National Green Tribunal Act, 2010
The National Green Tribunal (NGT) was established to handle environmental disputes efficiently and effectively, playing a crucial role in climate-related adjudication. - International Obligations
India’s ratification of the Paris Agreement and other international climate treaties reinforces its commitment to environmental sustainability and provides an additional layer of legal credibility for climate litigation.
Challenges Posed by Climate Change
The impacts of climate change are multifaceted and deeply interconnected. They include extreme weather events, water scarcity, declining agricultural productivity, and health emergencies. These effects disproportionately impact marginalized communities and intensify existing social and economic inequalities. Moreover, climate-induced displacement, resource conflicts, and infrastructure stress pose long-term threats to stability and development.
Notable Indian Cases in Climate Litigation
- Shriram Food and Fertilizers Ltd. Case (1986)
This case originated from an oleum gas leak in Delhi, leading to a historic judgment that introduced the absolute liability principle. Under this rule, hazardous industries are held strictly liable for any damage caused, regardless of negligence or fault. - M.C. Mehta v. Union of India (Ganga Pollution Case)
In this iconic case, environmental lawyer M.C. Mehta sought judicial intervention against the discharge of pollutants into the Ganga River. The Supreme Court issued directives mandating the closure of polluting industries and the installation of effluent treatment plants, affirming the polluter pays principle and reinforcing the court’s role in environmental regulation.
Conclusion
Climate litigation is steadily becoming an essential part of the global response to environmental degradation. As courts increasingly recognize environmental harm as a violation of fundamental rights, legal proceedings are reshaping public policy and regulatory frameworks. In India, the synergy of constitutional mandates, environmental laws, and international agreements provides a comprehensive platform for effective climate litigation.
Looking ahead, overcoming barriers such as proving causation, establishing standing, and enforcing rulings will be critical. Strengthening legal mechanisms and fostering collaboration among stakeholders can enhance the impact of climate litigation, making it a powerful driver for environmental protection, accountability, and long-term sustainability.
References
- Peel, J., & Osofsky, H. M. (2015). Climate Change Litigation: Regulatory Pathways to Cleaner Energy. Cambridge University Press.
- Setzer, J., & Byrnes, R. (2020). Global Trends in Climate Change Litigation: 2020 Snapshot. Grantham Research Institute on Climate Change and the Environment, London School of Economics.
- https://indiankanoon.org/
