Climate Change And Human Rights: The Right To Life And Environmental Justice In India

Abstract

This paper critically examines the intersection of climate change and human rights, specifically focusing on the right to life and environmental justice in India. It analyses the legal frameworks, policy measures, and judicial pronouncements that address the adverse impacts of climate change on vulnerable populations. Uncovering the multi-dimensional threats posed by environmental degradation, the study notes India's severe vulnerability to extreme weather events. The study adopts an analytical approach to identify the functional gaps between constitutional guarantees and on-ground realities, particularly for populations living in highly vulnerable districts. It compares western approaches, such as statutory climate litigation in the Netherlands and Germany, with those in Latin America and the Global South. Furthermore, it scrutinizes India’s evolving jurisprudence, notably the Supreme Court's recognition of a distinct right against the adverse effects of climate change under Article 21. By examining socio-economic data and legal precedents, the study reveals systemic administrative shortcomings in achieving true environmental justice. The paper concludes by recommending targeted legal reforms, statutory climate goals, and equitable resilience strategies to ensure the protection of marginalized communities.