Right against the adverse effects of climate change
Topic: Fundamental Rights and Constitutional Remedies · NCERT: Beyond NCERT
Meaning
This is the right to be protected from harm caused by climate change, such as extreme heat, floods and droughts. The Supreme Court recognised it in M.K. Ranjitsinh (2024), known as the great Indian bustard case. The Court said it flows from Articles 14 and 21. A healthy, stable environment is needed for the right to life and for equal treatment. The right makes climate change a matter of fundamental rights, not just government policy.
Example
In M.K. Ranjitsinh (2024), the Court had to balance two aims. One was protecting the endangered great Indian bustard from power lines. The other was building solar power to fight climate change. While deciding this, the Court recognised the right against the adverse effects of climate change.
Don't confuse with
- Right to a clean environment: this is the older right to pollution-free air and water, read into Art. 21 in Subhash Kumar (1991). The climate right deals with the wider harm caused by a changing climate.
Related concepts
- Right to life and personal liberty
- A.K. Gopalan case
- Procedure established by law
- Due process of law
- Maneka Gandhi case
- Golden triangle
- Right to live with human dignity
- Right to livelihood
- Olga Tellis case
- Right to shelter