Rights Against Climate Change a Human Right

The judgment noted that the right to a healthy environment, safe from the ill-effects of climate change, was a “fundamental human right”. Check here Implications for Future Climate Litigation.

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Context: In April 2024, the Supreme Court of India in the case of M.K. Ranjitsinh and Others vs Union of India recognized a human right against the adverse impacts of climate change.

About Just Transition

Just transition aims to make climate action fair and inclusive, ensuring that the burdens and benefits of decarbonization are distributed equitably.
The concept began in the 1970s to protect workers affected by environmental regulations and was later incorporated into international climate agreements like the Paris Agreement in 2015.
Traditionally, it focuses on vulnerable human communities such as indigenous people, women, children, and minorities, but not on the non-human environment.

Advantages of a Just Transition Framing in the Case

Equitable and Inclusive Climate Action: The Court is encouraged to facilitate climate action that does not disproportionately impact any community.
- Just transition allows for a more holistic approach, where the protection of biodiversity can coexist with decarbonization efforts.
Introducing Non-Human Entities: This case provides an opportunity to expand the scope of just transition to include the non-human environment, such as endangered species.
- Drawing on eco-centric jurisprudence, the Court could recognize the rights of nature, thereby incorporating the non-human environment into the just transition framework.
Boosting Just Transition Litigation Research: The application of just transition in this case could spur research into just transition litigation, particularly in the context of renewable energy projects in India.
- It could help map out and recognize just transition cases that are currently overlooked or not categorised as such in existing databases.

Implications for Future Climate Litigation

Global Context: As countries strive for net-zero emissions, just transition litigation is expected to rise.
- In India, there are currently 20 ongoing disputes related to renewable energy projects, many of which involve equitable sharing of decarbonization burdens and benefits.
Legal and Litigation Framework: Adoption of just transition could guide future climate litigation, ensuring that climate action is both fair and effective.
Renewable Energy Projects: The case is not an anti-energy transition but aims to ensure responsible and informed operation of renewable energy projects, potentially influencing how power transmission lines and other infrastructural elements are implemented.
Research and Policy Development: Could catalyse necessary research and policy adjustments to better understand and implement just transition principles in climate law and litigation.