Climate change in the courts: An environmental lawyer’s viewpoint

Abstract

Climate change today is a reality facing every part of the world and India is no exception. Judicial institutions—courts and tribunals—have a crucial role in adjudicating on climate concerns as the society tries on the one hand to reduce emissions, build resilience against a rapidly warming world and erratic weather patterns, and adapt to the changing climate. Impacts of climate change include melting glaciers, rising sea levels, species decline and extinctions, as well as, at the individual level and social planes—increasing conflicts, violent behaviour and migration among other issues. Unfortunately, climate change is yet to figure prominently in judicial decisions. India’s environmental jurisprudence is still structured around principles such as ‘polluter pays’, ‘sustainable development’ and the ‘public trust doctrine’ which double up as ‘fictions’ and ‘myths’ and have limited applicability so far as climate change–related issues are concerned. Analysis of judicial decisions where there is discussion on climate change shows that there is lack of appreciation about the seriousness, enormity and the urgency to deal with the climate crisis by both members of the judiciary as well as lawyers. The failure to address climate change–related issues in a comprehensive manner represents a serious shortcoming in India’s judiciary which needs urgent attention.