Climate Justice and Environmental Equity
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The Indian constitutional framework, while not explicitly mentioning 'climate justice,' implicitly enshrines its principles through Article 21 (Right to Life and Personal Liberty), which the Supreme Court has expansively interpreted to include the right to a clean and healthy environment. Further, Article 48A mandates the State to endeavor to protect and improve the environment and to safeguard th…
Quick Summary
Climate Justice and Environmental Equity are foundational concepts for understanding the social dimensions of environmental challenges, especially climate change. Environmental equity ensures fair distribution of environmental benefits and burdens, advocating for equal protection from hazards and equal participation in decision-making for all communities, irrespective of socio-economic status.
Climate justice specifically addresses the disproportionate impacts of climate change on vulnerable populations who have contributed least to global emissions, demanding equitable solutions, accountability for historical polluters, and protection of human rights.
In India, these principles are implicitly enshrined in the Constitution, particularly through Article 21 (Right to a clean environment), Article 48A (State's duty), and Article 51A(g) (Citizen's duty).
Landmark judgments like M.C. Mehta v. Union of India and Vellore Citizens Welfare Forum v. Union of India have established crucial principles such as absolute liability, polluter pays, and precautionary principle.
Key statutes like the Environment (Protection) Act, 1986, Forest Rights Act, 2006, and the National Green Tribunal Act, 2010, provide legal mechanisms for enforcement and redressal.
India's approach to climate justice is also shaped by international frameworks like the UNFCCC and Paris Agreement, where it champions the principle of Common But Differentiated Responsibilities (CBDR-RC) and advocates for climate finance and a Loss and Damage fund.
The intersectionality of caste, class, gender, and tribal identity in India means climate impacts disproportionately affect marginalized groups, from urban slum dwellers facing pollution to Adivasis displaced by development projects.
Government policies like NAPCC and NAFCC aim to address climate change, but their equity outcomes require continuous assessment. Understanding these facets is critical for UPSC aspirants to analyze the complex interplay of environment, society, and governance.
- Article 21: — Right to clean environment (Fundamental Right).
- Article 48A: — State's duty to protect environment (DPSP, 42nd Amendment, 1976).
- Article 51A(g): — Citizen's duty to protect environment (Fundamental Duty, 42nd Amendment, 1976).
- EPA 1986: — Umbrella environmental legislation.
- FRA 2006: — Recognizes forest rights of tribals.
- NGT Act 2010: — Est. National Green Tribunal for speedy justice.
- M.C. Mehta (1986): — Absolute Liability.
- Vellore Citizens (1996): — Polluter Pays, Precautionary Principle.
- CBDR-RC: — Common But Differentiated Responsibilities (UNFCCC).
- Loss & Damage: — Financial support for unavoidable climate impacts.
- Just Transition: — Equitable shift to green economy.
- 3 Types of Justice: — Distributive, Procedural, Recognition.
Vyyuha Quick Recall: CLIMATE EQUITY
C - Constitutional Basis: Article 21 (Right to Life includes clean environment), 48A (State's duty), 51A(g) (Citizen's duty). L - Landmark Judgments: M.C. Mehta (Absolute Liability), Vellore Citizens (Polluter Pays, Precautionary Principle).
I - International Frameworks: CBDR-RC, Loss & Damage, Climate Finance (UNFCCC, Paris Agreement). M - Marginalized Communities: Intersectionality of caste, class, gender, Adivasi rights, urban poor, farmers, fishers.
A - Acts & Authorities: EPA 1986, FRA 2006, NGT Act 2010 (NGT for speedy justice). T - Three Justices: Distributive, Procedural, Recognition Justice (core frameworks). E - Equitable Policies: NAPCC, NAFCC, Green Credit Programme (assess for equity gaps).
E - Examples (Indian): Niyamgiri (tribal displacement), Sundarbans (coastal erosion), Vapi (industrial pollution). Q - Questions of Justice: Who benefits? Who suffers? Who decides? Whose voice is heard?
U - Urban & Rural Impacts: Air pollution in slums, agrarian distress from droughts. I - Implementation Challenges: Gaps in FRA, NGT jurisdiction, political will, resources. T - Traditional Ecological Knowledge: Importance of Adivasi wisdom in adaptation.
Y - Youth & Future: Intergenerational equity, Just Transition for future generations.
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