• UGI USER
  • Apr 09, 2024
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SC DECLARES RIGHT AGAINST CLIMATE CHANGE A FUNDAMENTAL RIGHT.

Why in the news?

The Supreme Court acknowledges the right against climate change as a fundamental right, emphasising solar power’s role in mitigating environmental issues.

source:medium

Highlights of the Judgment:

  • Linked to a case concerning the endangered Great Indian Bustard species, the judgement stresses the necessity to articulate the right against climate change amidst increasing havoc.
  • Chief Justice Chandrachud emphasises that rights to life and equality cannot be fully realised without a clean and stable environment, impacting health, food security, and overall well-being.
  • The Supreme Court identifies the right against adverse effects of climate change as a distinct fundamental right in the Constitution.
  • Cites Articles 14 (right to equality) and 21 (right to life) as foundations for this recognition, emphasising the interconnectedness with the right to a clean environment.
Constitutional Provisions related to Environmental protection :

  • Article 48A: Mandates State efforts to protect and enhance the environment, safeguard forests, and preserve wildlife.
  • Article 51A(g): Imposes duty on citizens to preserve and enhance the natural environment, encompassing forests, lakes, rivers, and wildlife.
  • Article 14: Right to Equality
  • Article 14 of the Indian Constitution guarantees equality before the law and equal protection of the laws within the territory of India.
  • It prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
  • This article ensures that all individuals are treated equally by the State and have equal access to justice and opportunities.
  • Article 21: Right to Life and Personal Liberty
  • Article 21 enshrines the right to life and personal liberty as a fundamental right.
  • It states that no person shall be deprived of their life or personal liberty except according to the procedure established by law.
  • This article encompasses various aspects of life, including the right to livelihood, health, and a clean environment, ensuring the overall well-being of individuals.

Source:

https://www.thehindu.com/news/national/right-against-climate-change-a-distinct-fundamental-and-human-right-sc-judgment/article68041693.ece