Climate Justice and Environmental Equity — Revision Notes

⚡ 30-Second Revision

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.

2-Minute Revision

Climate Justice and Environmental Equity address the ethical and social dimensions of environmental issues, recognizing that climate change impacts and environmental burdens disproportionately affect vulnerable communities.

Environmental equity ensures fair distribution of environmental benefits and burdens, while climate justice specifically targets the injustices arising from climate change. Key frameworks include Distributive, Procedural, and Recognition Justice.

India's constitutional bedrock for these principles lies in Article 21 (Right to Life includes clean environment), Article 48A (State's duty), and Article 51A(g) (Citizen's duty). Landmark judgments like M.

C. Mehta (Absolute Liability) and Vellore Citizens (Polluter Pays, Precautionary Principle) have strengthened this framework. Statutes like EPA 1986, FRA 2006, and NGT Act 2010 provide legal mechanisms.

Internationally, India champions CBDR-RC and advocates for climate finance and Loss & Damage. Challenges include intersectional vulnerabilities (caste, class, gender, tribal) and balancing development with climate action, necessitating a 'Just Transition' approach.

Policy interventions like NAPCC, NAFCC, and the Green Credit Programme aim to address these, but require robust equity assessments and participatory implementation.

5-Minute Revision

Climate Justice and Environmental Equity are critical concepts for UPSC, highlighting the social, ethical, and political dimensions of environmental challenges. Environmental equity ensures fair distribution of environmental benefits and burdens, advocating for equal protection and participation.

Climate justice specifically focuses on the unequal impacts of climate change, where those least responsible (marginalized communities, developing nations) suffer most. The three pillars of justice are Distributive (fair allocation of benefits/burdens), Procedural (fair participation in decision-making), and Recognition (acknowledging identities and traditional knowledge).

In India, the constitutional foundation includes Article 21 (Right to a clean environment), Article 48A (State's duty), and Article 51A(g) (Citizen's duty), reinforced by the 42nd, 73rd, and 74th Amendments.

Key statutes are the Environment (Protection) Act, 1986; Forest Rights Act, 2006; and National Green Tribunal Act, 2010. Landmark judicial pronouncements like M.C. Mehta v. Union of India (Absolute Liability, Public Trust Doctrine) and Vellore Citizens Welfare Forum v.

Union of India (Polluter Pays, Precautionary Principle) have significantly shaped environmental jurisprudence.

Intersectionality is crucial in the Indian context: caste, class, gender, and tribal identity amplify climate vulnerabilities. Examples include Adivasi displacement from mining, urban poor suffering from pollution, women facing increased burdens from resource scarcity, and farmers affected by droughts/floods.

India's international stance emphasizes Common But Differentiated Responsibilities and Respective Capabilities (CBDR-RC), advocating for climate finance and a Loss & Damage fund from developed nations.

Policy responses include the National Action Plan on Climate Change (NAPCC) and its missions, National Adaptation Fund for Climate Change (NAFCC), and the new Green Credit Programme. However, these policies require continuous evaluation for equity gaps and effective, participatory implementation to ensure a 'Just Transition' that protects livelihoods and promotes inclusive development.

The judiciary (NGT) plays a vital role in ensuring environmental justice and accountability.

Prelims Revision Notes

Definitions: — Environmental Equity (fair distribution of benefits/burdens), Climate Justice (equity in climate change impacts/solutions).
Constitutional Articles:

- Art 21: Right to life includes clean environment (SC interpretation). - Art 48A: State's duty to protect environment (DPSP, 42nd Amend, 1976). - Art 51A(g): Citizen's duty to protect environment (FD, 42nd Amend, 1976). - Art 243G: Panchayats' role in environment (73rd Amend, 1992).

Key Acts (Year):

- Water (Prevention and Control of Pollution) Act, 1974. - Air (Prevention and Control of Pollution) Act, 1981. - Environment (Protection) Act, 1986 (Umbrella Act). - Forest Rights Act (FRA), 2006. - National Green Tribunal (NGT) Act, 2010.

Landmark Judgments (Year, Principle):

- M.C. Mehta v. UOI (1986): Absolute Liability (Oleum Gas Leak). - M.C. Mehta v. UOI (1987): Public Trust Doctrine (Ganga Pollution). - Vellore Citizens Welfare Forum v. UOI (1996): Polluter Pays Principle, Precautionary Principle. - T.N. Godavarman Thirumulpad v. UOI (1996): Comprehensive forest protection, CAMPA.

International Principles:

- CBDR-RC: Common But Differentiated Responsibilities and Respective Capabilities. - Loss & Damage: Financial support for unavoidable climate impacts (COP28 operationalized fund). - Climate Finance: Developed countries' commitment ($100B/yr).

Key Concepts:

- Distributive Justice (who gets what). - Procedural Justice (who decides, how). - Recognition Justice (whose voices/knowledge are valued). - Just Transition (equitable shift to green economy). - Intergenerational Equity (fairness across generations). - Intra-generational Equity (fairness within a generation).

Government Initiatives:

- NAPCC (2008) & its 8 Missions (Solar, Green India, Water etc.). - CAMPA (Compensatory Afforestation Fund Act, 2016). - NAFCC (National Adaptation Fund for Climate Change, 2015). - Green Credit Programme (2023).

Mains Revision Notes

Introduction: — Define Climate Justice (CJ) & Environmental Equity (EE). CJ = ethical/political issue of unequal climate impacts/solutions. EE = fair distribution of environmental burdens/benefits.
Conceptual Frameworks:

- Distributive Justice: Fair allocation of environmental goods/bads (e.g., pollution, clean water). - Procedural Justice: Meaningful participation in decision-making (e.g., EIA public hearings). - Recognition Justice: Acknowledging identities, cultures, traditional knowledge (e.g., Adivasi TEK).

Indian Context (Intersectionality):

- Caste: Dalits in hazardous occupations, poor infrastructure. - Class: Urban poor, informal settlements, pollution exposure. - Gender: Increased burden on women (water, fuel), vulnerability in disasters. - Adivasi/Tribal: Displacement, loss of land/livelihoods, impact on TEK (FRA). - Regional: Coastal (erosion, cyclones), drought-prone (agrarian distress), industrial belts (pollution).

Constitutional & Legal Basis:

- Art 21: Right to clean environment (fundamental). - Art 48A, 51A(g): State/Citizen duties. - NGT Act 2010: Speedy justice, compensation. - FRA 2006: Rights of forest dwellers. - Landmark Judgments: Absolute Liability, Polluter Pays, Precautionary Principle, Public Trust Doctrine.

International Frameworks:

- UNFCCC, Paris Agreement: NDCs, global goals. - CBDR-RC: India's key stance (historical responsibility, differentiated capabilities). - Loss & Damage: Fund operationalized (COP28), India's advocacy. - Climate Finance: Need for developed nations to meet commitments.

Policy Inventory (Strengths/Gaps):

- NAPCC & Missions: Mitigation/Adaptation focus, but equity gaps in implementation. - CAMPA: Funds for afforestation, but concerns on community benefits. - NAFCC: Adaptation for vulnerable, but scale/reach issues. - Green Credit Programme: Market-based, but equity implications need monitoring.

Challenges & Way Forward (Just Transition):

- Balancing growth vs. equity trade-offs. - Ensuring inclusive development in green transition (skill development, social safety nets). - Strengthening participatory governance & TEK integration. - Robust enforcement of environmental laws. - Advocating for equitable global climate action.

Vyyuha Quick Recall

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.