Global Climate Agreements & India’s Environmental Law
International Climate Change Measures
Several international agreements and initiatives aim to combat global climate change by reducing greenhouse gas emissions and promoting sustainable development. Key measures include:
UNFCCC (1992)
The United Nations Framework Convention on Climate Change serves as the foundation for global climate action. It brought nations together to agree on tackling climate change through cooperation.
Kyoto Protocol (1997)
This treaty legally bound developed nations to reduce emissions by 5.2% from 1990 levels between 2008 and 2012. Though limited in impact, it set emission reduction targets for industrialized nations.
Paris Agreement (2015)
The Paris Agreement aims to limit global temperature rise to well below 2°C, ideally 1.5°C, above pre-industrial levels. It includes Nationally Determined Contributions (NDCs) where countries outline their climate actions, with financial support for developing nations to mitigate and adapt to climate change.
Montreal Protocol (1987)
Initially focused on phasing out ozone-depleting substances, it also reduced the use of hydrofluorocarbons (HFCs), which are potent greenhouse gases, indirectly contributing to climate change mitigation.
Copenhagen Accord (2009)
This non-legally binding political agreement, reached at COP15, recognized the need to limit global warming to 2°C and included pledges from both developed and developing countries. Key features included:
- Global Temperature Limit: Recognized the scientific need to limit warming to below 2°C, acknowledging efforts for 1.5°C.
- Emission Reduction Targets: Developed countries pledged specific reductions, while developing countries agreed to voluntary actions (NAMAs) and reporting.
- Climate Finance: Set a goal to mobilize $100 billion per year by 2020 for developing countries’ mitigation and adaptation, from public and private sources.
- Transparency and Monitoring: Emphasized enhanced monitoring and reporting of climate actions.
- Forests and Land Use: Highlighted reducing deforestation and supporting sustainable land use.
IPCC Role
The Intergovernmental Panel on Climate Change (IPCC) assesses climate science, providing recommendations that guide global policy.
Climate Finance Initiatives
Initiatives like the Green Climate Fund (GCF) and Global Environment Facility (GEF) support developing countries in climate change mitigation and adaptation efforts.
Carbon Markets Mechanisms
Systems like carbon trading and emissions trading allow countries and companies to meet their emission reduction targets through flexibility mechanisms.
These international measures show global commitment to addressing climate change, focusing on mitigation, adaptation, finance, and technology transfer, aiming for a sustainable future.
India’s Environmental Legal Framework
National Green Tribunal (NGT) Powers & Jurisdiction
The National Green Tribunal (NGT) was established in 2010 under the National Green Tribunal Act to provide a specialized forum for the swift and effective resolution of environmental disputes. The NGT has exclusive jurisdiction over matters related to environmental protection, conservation of natural resources, and enforcement of legal rights relating to the environment.
Powers and Jurisdiction:
- Adjudication of Environmental Disputes: The NGT has the authority to hear cases related to environmental laws, including pollution control, forest conservation, and biodiversity protection.
- Scope: The NGT has jurisdiction over a wide range of environmental matters, including those under the Water (Prevention and Control of Pollution) Act, Air (Prevention and Control of Pollution) Act, Forest (Conservation) Act, and the Environment Protection Act.
Supreme Court on Environmental Courts
The Supreme Court of India has consistently emphasized the need for specialized courts to address environmental issues due to their increasing complexity and urgency. In various cases, it recommended establishing environmental courts for the following reasons:
- Specialized Expertise: Environmental issues require technical expertise and a comprehensive understanding of environmental laws. Environmental courts ensure efficient adjudication.
- Timely Resolution: Environmental cases often demand urgent responses; specialized courts could provide quicker resolutions than regular courts.
- Backlog Reduction: Establishing specialized forums like the NGT reduces the burden on regular courts, enabling better focus on environmental concerns.
These recommendations reflect the need for dedicated legal forums to address environmental challenges effectively.
Fundamental Duties and DPSP in Environment
In India, the Fundamental Duties and Directive Principles of State Policy (DPSP) play complementary roles in shaping the nation’s environmental protection framework. While Fundamental Duties are citizens’ responsibilities and DPSPs guide government policy, both aim for a sustainable and healthy environment.
Fundamental Duties (Article 51A)
Outlined in Article 51A, these require citizens to promote national welfare, including environmental protection. Specifically, Article 51A(g) mandates citizens to “protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and have compassion for living creatures.”
- Role in Environmental Protection: This duty makes every citizen responsible for safeguarding the environment through actions like reducing pollution, conserving resources, and participating in conservation activities.
- Interrelationship with DPSP: This duty complements DPSPs by requiring active citizen participation, vital for implementing government environmental policies successfully.
Directive Principles of State Policy (Part IV)
Found in Part IV of the Constitution, DPSPs guide the state in implementing policies for social and economic justice, including environmental protection:
- Article 48A: Directs the state to “endeavor to protect and improve the environment and safeguard the forests and wildlife of the country.”
- Guiding Role: Though not directly enforceable like Fundamental Rights, DPSPs are vital for guiding legislation and government actions towards environmental sustainability.
- Role in Environmental Protection: These principles provide a broad policy framework for proactive state measures in environmental conservation, emphasizing sustainable development, pollution control, resource conservation, and protection of wildlife and forests.