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Paper Code: AIJACLAV16RP2024
Category: Research Paper
Date of Submission for First Review: Nov 16, 2024
Date of Publication: December 21, 2024
Citation: Dr. M. Santhoshraju & Vasanthi Dasineni, “From Vulnerability to Justice: Human Rights Responses to Climate Change", 4, AIJACLA, 175, 175-189 (2024), <https://www.aequivic.in/post/from-vulnerability-to-justice-human-rights-responses-to-climate-change>
Author Details: Dr. M. Santhoshraju, *Assistant Professor, Vignan Institute of Law, Vignan Deemed to be University, Vadlamudi &
Vasanthi Dasineni, BA. LLB Hons, 4th year, Vignan Institute of Law, Vignan Deemed to be University, Vadlamudi
Abstract
A crucial component of environmental law is the understanding of climate change. Global warming is a phenomenon that affects every aspect of the world. Human rights and climate change are intertwined and interdependent. Global issues like climate change affect society's political, social, economic, and environmental facets. Legal access to justice enables citizens to uphold climate justice and protect the environment. International legislation concerning the field of climate is very broad. the contamination of the atmosphere brought on by greenhouse gas emissions, primarily from human activity. The agricultural sector, energy generation, industrial operations, heat and water stress, droughts, and human water consumption are all impacted by greenhouse gas emissions. International conventions and treaties that safeguard human rights, such as the UDHR, ICCPR, and ICESCR, can be used to integrate measures connected to climate change. The fundamental human right known as the "right to life," which is the most vital right of every person, is impacted by environmental changes both directly and indirectly. Future generations' survival on Earth is under peril due to climate change. It will be difficult for humans to survive if we are unable to preserve our climate.
Keywords: Climate crisis, sustainable development Human rights approach, global warming, Agriculture crisis, vulnerable sections, Greenhouse gases, Disasters, Access to Justice.
Introduction:
The protection of Environment is the preservation of humanity. Environment and human rights are interdependent. Everyone in world respect the climate, keep harmony with nature, and protect the environment.[1] The major impact of climate change human migration of number of people from one place to another due to short line erosion, coastal flooding, and agricultural disruption. The climate change has a Tran’s boundary effect and issues such as environmental degradation, disruption and destruction After Second World War the nations started addressing the environmental issues and started to form international organizations.
In 1968, the UN General Assembly first recognized the relationship between the quality of human environment and the enjoyment of basic human rights. The Stockholm declaration proclaimed that man’s natural and human made environment are essential to wellbeing and to enjoyment of basic human right –even the right to life itself.[2] The conference of initiating worldwide participation to draw the attention of all governments in the world to protect the environment in order to operationalize the right to life. It is the Magna Carta of environmental jurisprudence. The right to development and protection of environment were complementary to each other. We have faced a lot of problems due to climate change. Many of them lost their livelihood. Hence the unity needs the protection of the climate among the developed, developing, the rich and poor, across the world.
Climate change prone to occurrence of disasters which causes extensive loss of life, extreme human suffering. changes in the environment. It’s not only effects the immediate, effecting the present and future generations. Due to climate change droughts, floods, earthquakes. cyclones occurred frequently int the world which leads to increasing homeless shelter less, poor. weak, marginal section of society. It is an element of human errors and negligence involving some failures of system in man- made where in emerged as a serious threat to life of all species on this world. Natural calamities extend the destruction of the whole dimension of society which is affecting the Nation’s economic and social development.
During the past decades climate conditions changes into catastrophic consequences which is sudden and destructive nature in environment. It is high frequency, complexity, destructive capacity to disturb the living conditions of people. The risk of natural disasters has no boundaries. Victims of disasters are put up death, incurable diseases, adversely affect the health of people, malnutrition problems and unemployment.[3]
The Stockholm declaration draw the attention of entire world to preserve and to protect the environment. states to secure right to clean and healthy environment. Its magna karta of environmental jurisprudence. The Stockholm declaration is an important milestone of international environmental law.
PRINCIPLE 1 OF STOCKHOLM CONFERENCE
“Man has fundamental right to freedom, equality, and adequate conditions of human life ,in an environment of that permits a life of dignity and well-being ,and he bears solemn responsibility to protect and improve the environment for present and future generations.’’[4] The United Nations conference on Environment and Development at Rio de Janerio at 1992 recognizing integral and independent nature of Earth is our home. After 1972 Stockholm declaration world, international organizations focused on environmental Programmes. One of the key initiatives inter-governmental conferences on United Nations environmental programme (UNEP) in October 1977. Internationally focused on Environmental education is now matter of life and death.
PRINCIPLE 1 OF RIO DECLARATION
Principle 10 0f Rio Declaration:
“Effective access to judicial and administrative proceedings, includes redress and remedy, shall be provided by states in environmental matters”.[5]
The climate change problem is one of that proved particularly for international law and policy .The environmental health consequences in climate change which is highly impact developing ,Undeveloped , third world countries .subsequently impact on the human rights of poor people ,disadvantaged, vulnerable sections people . These consequent threatens to violation of human rights due to socio –economic problems, health problems, risk factors.
Emission of greenhouses gases contribute Global warming and consequent changes. Every state includes numerous entitles with in states includes companies, forms, industries. Other issues includes impacts and adoptions, loss, damage, finance, deforestation, forest degradation, carbon markets, and linkage with other areas of international law.
Article 25 of The Universal Declaration of Human rights
Every has the right to stranded of living adequate for the health and well –being himself and his family , including Food ,clothing ,housing and medical care and necessary social service ,and right to security in event of unemployment, sick ness ,disability widowhood .old age or other lack lively hood of circumstances beyond his control. [6]
Article 25 of American convention on Human rights 1969:
Article 25 (2) Stated that State parties undertake:
(a) To ensure that any person claiming such remedy shall have his rights determined by the competent authority provided for by the legal system of state.
(b) To develop the possibilities of judicial remedy.
(c) To ensure that the competent authorities shall enforce such remedies when granted.[7]
Article 24 of African charter on Human and peoples rights 1981: Declares that
“All people shall have the right to a general satisfactory environment favorable to their development ’’
The African charter emphasized that international instrument of human rights law connected with environmental law.
The charter of Economic Rights and Duties of states of 1974 states:
“The protection, preservation and enhancement of the environment for the present and future generations is the responsibility of all states’’.
The preamble of the United Nations conference on environment and development 1992.
“Humanity stands at a defining movement of history. We are confronted with a perpetuation of disparities between and within Nations, a worsening of poverty, hunger, ill health and illiteracy, and the continuing deterioration of the ecosystem on which we depend for our well-being.”[8]
Climate change – sustainable development – Access to justice:
According to Brundtland report land report defined:
Brundtland report transformed sustainable development from an environmental focus to human centered approach by establish link between the environmental, social, economic issues. Environment recognized as fundamental in the society.
“Sustainable development as development that meets the needs of present society without compromising the ability of future generations to meet their human generations” [9]
Sustainable development focus at integration development and human imperatives. Sustainable development is process which development can sustains generation to generations. The real aim of sustainable development improve the quality of life while at the same time living in harmony with mother earth maintaining the carrying capacity of the life supporting eco system . The first time the Brundtland report introduced the need for the integration of economic development, environmental protection and social justice inclusion. Goals for sustainable development 1. Every person get the benefits of healthy environment 2.Equity and opportunity for social environment wellbeing. 3. Healthy economy that affords opportunity of quality of life .4 Protection and restoration of Natural resource for present and future generation[10]. Human activities especially in industrial countries, release a number of gases mainly greenhouse gases. It is esteemed that due to increase human emissions of greenhouse gases, earth will be warm up at average of nearly 2 degrees Fahrenheit by 2025 and 5 degrees 2100. It is esteemed that such warming process changes the monsoon process which leads frequent droughts, floods, heat waves, storms, and rise of water levels. [11]
The environment and development policies leads to the human rights and environmental jurisprudence. The concept of sustainable developments meeting the essential needs of food, energy, water and sanitation. The climate change impact on the civil, political, economic, social and cultural rights of the people. Climate change and environmental degradation leads the problems of climate change challenges related to environmental law and human rights law. The implementation of international covenants, conventions, treaties, declarations need more comprehensive, effective set of legal requirements that will prevent climate change damages, addressed the issues in global arena. The governance will need to more accommodate the needs and aspirations of the people in developed, developing countries.
Inter-governmental panel on climate change report discussed a range of risk from of climate change. For national and human nature threats to food security, human health risks, reduced water security.
In 2002 the world summit on sustainable development acknowledged position a possible relationship between environment and human rights.
Implications of environmental changes on Human rights:
Climate change is one of the greatest challenges in present generations which is adversely impact the livelihood of millions of the people. Its causes to great risk and treats to environment .Highest release of carbon emissions affects the negative impact ecosystem biodiversity, economic development, food security problems. The adverse impact on climate change affects all rights including right to life, food, water, shelter, property. The consequence of climate change impact the human rights in various dimensions. Access to justice is basic human right. States to provide prove access to justice when disasters occurring.
The universal declaration of human rights proclaims that“Everybody is entitled to have social and international order in which their rights and freedoms can be fully realized”.[12]
Right to life:
According to internal covenants article 3 of universal declaration of human rights implies the right to life, National statutes in India article 21 of the Indian constitution Right to life is most precious right. It is basic to all human rights. state shall protect the right to life. climate change is highly impact of right to life which included all rights of citizens. climate change directly or indirectly impact livelihood of the people. Some of coastal areas, islands faced lot of problems due to global warming . The existence of their future is questionable. They are victimizing the climate change. The number people suffering from diseases. Injury, death from storms floods, fires and droughts as results of environmental changes in every year. .Right to life includes right to health, social security, Access to justice part of the right to life which protects the Rights of citizen.
Right to health:
Floods .cyclones, earthquakes, natural calamities causes water borne, cholera, diseases are increasing .especially women and children are easily effects the diseases because they have low resistance power. Global warming affected countries they are unable to provide adequate health facilities .water, food, contemned with carbons leads the health problems .Due to air pollution several persons died of pulmonary, air borne diseases throughout the world. The rise of Greenhouse gas emissions and carbon emissions which poses serious health consequences including premature death, serious illness, chronic diseases .especially small inlands, and costal area people severally affects the climate change which causes serious health problems. Their right to health is affected with greater damages where in Arsenic, cadmium, lead, mercury metals contaminated with water causes dangerous diseases.
Right to water:
Water is the fundamental right of every citizen which includes safe, accessible, sufficient water. The convention on the rights of the child stated that clean drinking water as part the measures states shall take to combat diseases and malnutrition.[13] Due to global warming ,carbons ,chemicals are mixed with water which causes several diseases cyclones ,droughts are occurred everywhere .water contamination, Water scarcity of hugely impact of people living conditions it is not only effects the humans but also affects the animals ,flora ,fauna Hence climate change leads to water stress ,water scarcity .adverse impact on water supply. The present climate change impact water crisis where the people denied the safe drinking water that major causes the morbidity and diseases in globally. The right to water, especially right to drinking water essential for protecting healthy environment.
Right to food:
Climate change impact the right to food. The right to food is freedom from hunger and malnutrition .Due to natural disasters, calamities, floods, droughts impact the agriculture production. Low agricultural production leads starvation, malnutrition problems .some of agricultural lands, crops, coastal areas land polluted with chemicals, carbons. All the above facts impact of the lively hood of people. Agricultural loss leads several maltifaced problems. Malnutrition problems affects the women and children .states unable to provide right to food. Millions of people suffering from hunger and malnutrition. The people living in developing countries, poor countries below poverty level is increasing Vulnerable, indigenous. Disadvantaged sections of people are suffering a lot extremities of climate changes which impacts their livelihood
Right to housing:
Due to environmental changes cyclones, earthquakes, floods, tsunamis occurred in everywhere. Heavy housing damages are increasing, some of them will be homeless, shelter less. Their living conditions are changing. Some of them are converted into refuges. The impact of climate change has put many communities in inlands, coastal areas losing their homes. Those communities historically and culturally loss of their lands and properties. When losing their houses includes their property. The number of people converts into a refuges. States unable to provide adequate housing for their living. A new class of refuges who require the protection of international law where the persons displaced by environment.
International cooperation:
Climate change is a global issue which requires address importance coordination for global action. An environmental approach to law to help achieve international cooperation. The law of environment, climate change, disaster management. The law of cooperation builds principles among the people and nations. Environmental law seeks in the nature cooperation’s and coordination to protection the mother earth. The combination of law and global science provides a unified vision to grasp global scientific and social order and to seek appropriate solution.[14] States have obligation to implement international treaties in a holistic approach in the perceptive of climate change impact on human rights. Access to justice to reach the people through judicial process. Mac Darrow & Philip Alston indicates the border contours of judicial power of beneficial of judicial activism and implied limits.
“Access to life –sustaining water. adequate housing to enable life to go on. primary education, essential medical services and food sufficient to make the right to life meaning ful, are hardly so exotic or beyond the reach societies as to make minimum guaranties are un realistic” [15]
Take steps through international assistance and co-operation depending on the availability of natural resources. To facilitate fulfillment of human rights in other countries including disasters relief, emergency assistance, assistance to refugees and displaced persons.
Climatic changes – Human rights- disparities among the countries:
Climate change is one the greatest challenges in our generation. Its poses threat to environment human health, access to water, sanitation, and food security. These consequences interfere with the effective enjoyment of human rights. Due to the climate change increases the inequalities in society. Climate change affects everywhere in the world. Rich countries produce high carbon emissions leads poor countries suffering a lot of problems. The magnanimity and severity of adverse consequences a lot in the poor countries. There is a conflict between rich and poor countries and Haves and Have Not’s. The developing and third world countries, under developed countries suffering agriculture crisis. income levels. health crisis due to climate change. In order to face all these problems directly or indirectly impact economic growth leads major problems. The environment development is social goal benefit to clean healthy environment and economic growth for all.
“Environment protection is as much facet of right to life as meeting the needs of all through development process”[16] . Low economic growth subsequently leads to human rights violation of right to life, right to health, and right to health. In Indian context Right to life and right to clean, healthy environment is part of right to life article 21.[17]
Climatic changes – Human rights -women and children:
Women have higher rate of deaths then men from extreme weather conditions. Pregnant women are especially suffering from waterborne diseases, vector borne diseases, women are facing lot of challenges, malnutrition’s, and health risk problems. Climate change adversary affects the children in many ways. According to world health organization reports said that climate change affects most of children below five years due to low resistance power. Shortage of food, water leads malnutrition’s, water –borne diseases, vector –borne diseases affects child health system, child deaths occurred due to climate change. Its impact on psychological problems of the people. The extreme climatic condition impact their human rights especially their right to life of women and children.
Climate change - human rights – indigenous people:
Indigenous people are most of the sufferers of climatic changes. There are closely associated climatic conditions Environmental consequences are physical wellbeing of indigenous people. The UN Declaration on the right to development, to be fufilled the meets and needs of the people. The climate change impacts all dimensions of livelihood of indigenent people. Indigenous people are living in islands, coastal areas, and hill areas. The states to protect the Indigenous people’s human rights. According to degrees of climate change that ultimately affects the economic, social, cultural rights of indigenous people who are facing high risks. International organizations, states to take necessary actions the impact of climate change which threatens to cultural and social identity of indigenous people.
Climate change – Human rights -environmental, health consequences:
Climate change consequence which is huge impact on environmental changes like floods and droughts leads to agriculture crisis, water crisis, and livestock crisis. Health consequence occurred in day-to-day world. Due to health problems like malaria, malnutrition, diarrhea, increasing in society which is adversely effects on health causes. All these consequences are impact on their life style. Due to changes of climatic conditions their basic human rights people are affected which leads economic, political, social instabilities among the Nations. The states have a duty to protect the climate and the human rights of the people. Every climate change leads catastrophic consequences impact the livelihood of the people most vulnerable. The health and environmental damages are clear damages of their human rights.
Climate change – Human rights – Substitutions – remedies:
Climate change threatens to human rights of the people. Addressing climate change is human rights approach. Mitigation and adoption measures must be equitable, protecting, promoting human rights. Afforestation, combating deforestation, increasing internationally flora, fauna, parks. Green house buildings, expand solar energy, preservation of biodiversity, protecting nature which is necessary for climate change perceptive in human rights protection, UN, UNDP, UNESCO. WHO, FAO, WMO and UHRC collectively working together to protecting the climate. A call to action to avoid climate catastrophe. Climate change is global problem which requires cooperation among all nations Due to use coal, gas, oil, other fossils Carbon emissions rising, temperature increasing, oceans are getting warmer, sea levels are going up.
The climate change changes the international order. The uncertain Human dimension, the climatic change implications lead to basic social problems poverty, unemployment, risk factors, violation of human rights, starvations, malnutrition’s.[18] To ensure accountability and effective remedy for human rights harm caused by climate change. States to guarantees effective remedies for human rights violations due to climate change and cooperative efforts to responds climate related conflicts. States should share resources, knowledge, and technology in order to address the issues to mobilization of resources to pursue of realization all human rights including right to development,
Climate justice - Intergenerational equity - Access to justice:
The equity dimension of climate change deals with affects the all aspects of human life which is fairness and utilization of resources among human beings of present generation both globally and domestically. While discussing the issue of climate change which includes temperatures, Global warming, and Ozone depletion, loss of bio diversity and forests, carbon emissions, carbon technology. The climate justice is interdisplinary subject which covers international, national, domestic laws. Justice in the concept of climate change various dimensions inter-generational equity. Principles of natural justice, Doctrine of public interest litigation. Doctrine of Public trust, Pollution pay principle, Precautionary pay principle,
The impact of climate change leads to human suffering. Climate change increases the both frequency and the intensity disasters like droughts and floods which is adversely affects the food production and availability in various places of the world. Poor and developing countries are more vulnerable to compared with developed countries which is disproportionate burden on poor and developing countries. All the consequence’s leads to debate, discussion about climate justice. Climate justice demands to reduce carbon emission in present and future. To make policy’s on reduce in greenhouse gases in order to save mother earth. Any policies, laws both internationally, nationally should be guided by principle of climate justice,
Inter –generational equity is another aspect of climate change which is discussing complexity of issues. They need to take consideration in contemporary society issues which is extend to equity present and future generations The role of equitable principle in allocation rights and obligation between various states. It’s our responsibility to give natural resources for future generation. Inter-generational equity implies every generation is required to leave the planet earth for future generation happily and healthy. It’s imperative to develop a access to justice and human rights based approach to study and combat climate change.
Public access -access to justice- Policy formulations
Several studies and reports reveal that climate change has negative impact the realization of human rights. States to adopt the holistic approach towards climate change. Global warming is one of the contributing factors of climate change –related effects environmental degradation and water stress, global warming. The states have obligation to make policies for protection of environment. Participation on decision making is a crucial while formulating policies that address environmental concerns caused by climate change. States parties shall promote, facilitate public participation in addressing the climate change and its effect. Article 25 of the international covenant on civil and political Rights which guarantees take part in the conduct public affairs.
“States shall ensure that international organizations play a coordinated, efficient, and dynamic role for the protection and improvement of environment”[19].
The right to access information is a part of access to justice. Due to climate change disasters are happening in around the world. Disasters are part of natural calamities. Access to justice is available to public when the disasters are occurring and precautionary principle handle the situations. Under the United Nations frame work convention on climate change the parties have undertaken promote and facilitate public access to information on climate change. Policies should be equitable and fair distribution. States need to integrate all aspects of environment and development.
While delivering the judgment in M C. Mehta’ s case the supreme court has made valuable suggestions in the area of protection and promotion of environment. The Supreme Court suggested that a high-powered authority should be set up by the government of India with consultations with central board for overseeing environmental protection. Indian constitution and statues providing public information and access to justice to all. legal aid service, Probono services plays very significant role to public access, access to justice in across the world.
The states shall endeavor to promote the public awareness on environmental education policies, environmental laws, identification on environmental problems and solutions. Simultaneously preserve the natural resource for future generations. Environmental education and academic activities should be part and parcel of their daily life from primary education to university education. They should conduct the camps, exhibitions, awareness Programmes in importance of mother earth. Government should encourage research development Programmes. States to take all consideration of all stake holders including NGOs, Environmental social workers. Legal service authorities to bring legal education about access to justice, environmental protection.
Need for Legal Regulation internationally:
Access to justice is heart of democracy which is promotes just and equitable out comes based on rule of law. Victims of climate change with the way to access to justice in a participatory manner. The international organizations, international cooperation in environmental protection is tremendous significance. Environmental law is interring disciplinary approach which includes all laws like international law, administration law, constitutional law, civil law, criminal law. Such inter disciplinary filed in environmental law is closer concept of human rights. The inter disciplinary attitudes environmental laws creates several consequences directly effects the human rights.
The international covenants, treats, agreements, policies to protect climate, to reduce climatic damages, any policy and laws to strengthen and protect the environment. The Stockholm conference is landmark in environmental jurisprudence which is effort of all nations collectively protect their life support base on earth.
Stock holm declaration provided the basic for further developments in the filed environmental protection. India is one of the few countries in the world in its constitutional commitment to environmental protection and improvement where in the provisions in Indian constitution. The Indian judiciary embraced judicial activism in developing environmental jurisprudence. The right to pollution free treated as fundamental right. The Polluter Pay Principle the Precautionary Principle are essential features of sustainable development are part of the environmental law of country.[20] States obligation to protect the environment by implementation the Precautionary Principle and Polluter Pay Principle.
The Precautionary principle:
Article 3 of the United Nations frame work convention on climate change reflected the Precautionary principles[21]. States that lack of full scientific certainty should not be used as a reason for postponing precautionary measures to anticipate, prevent or minimize the causes of climate change its adverse effect. It is an evident that human right litigation is not well suited to promote measures based on risk assessment. By drawing attention to human right implications of climate change risk and the human right perspective. The precautionary principle emphasizes to avoid unnecessary delay in taking action to contain the threat of global climate change. The precautionary principle increasingly at the center of national and international debate over international making on environment and public health policy.
Polluter pay principle:
The polluter pays principal polluter is liable for the polluter cause in environment. Polluter is not only compensated of victims but also compensate restoration of environmental degradation. The polluter pay principle first introduced in the organization of economic development and cooperation in 1972[22]. Sustainable economic development strategies recognize that producers have a great responsibility towards people. Produces who damage conditions of good living and environment must also pay and bear the cost of damage to the society. By regulating mechanism such a public liability insurance act which may prevent polluting the nature. By internalizing the cost of damage in productive process and the cost of objective produce. In 21st century industrial pollution is very dangerous to not only affect the human being but also affect every species of the earth.
NATIONAL: Indian context
All international covenants, treaties, agreements highlighted that states have obligation to protect the environment. Clean environment is fundamental right. States shall endeavor to promote and protect the environment. Every nation should fallow environmental covenants treaties. Government of India has taken various steps in legislative, executive policies for the protection of environment. Our environmental policy is consisting of constitutional and legislative for the central and state government. People have legal and judicial remedies for the environmental protection.
Constitutional:
The preamble of Indian constitution has justice, fraternity, dignity of individuals which is provide constitutional spirit among the people in order to preserve the healthy environment. India is one the country Right to clean environment is a fundamental right. Right to clean environment is part of right to life Article 21. In Directive principal article 47, 48, 49 have the directives to make any policy for the protection of environment. As a result of 42nd amendment 48-A and 51-A (g) incorporated in the year 1976[23].
Article 48 -A Protection and improvement of the environment and safe guarding of forests and wild life.
“The state shall endeavor to protect and improve the environment and safeguard the forest and wild life of the country”.[24]
Article 51-A (g) It shall be Duty of every citizen.
“To protect and improve the Natural environment including forests, lakes, rivers, and wild life and to have compassion for living creatures’’.[25]
These provisions clear mandate the state shall endeavor to promote and protect the environmental policies which provide the clean, healthy environment. In addition to that the legislative list union, concurrent, state lists the constitution empower to make laws to protect and promote the laws for environmental laws with human rights.
Legislative:
As per the fallowing the constitutional spirited law makers to make legislations, policies, acts, amendments, rules to protect the environment and access to justice to all. To make sustainable living to the people without violations of their human rights. The state to make laws which have bearing on environmental issues, problems. According to international covenants central and state make laws which is to protect the environment. The legislature to take all stake holders opinions, suggestions while making environmental laws. The law makers encourage the research and development and enhance the adequate the funds in areas like climate change, environmental protection. and to reduce Greenhouse gases. The center and state governments to enacted laws with specific focus on environment like The Environmental (Protection) Act 1986. Legal service authorities act 1987. National Green Tribunal Act 2010.
Executive:
Government of India set of administrative bodies and environmental departments set up for environmental protection. National commissions and committees to set up for environmental protections. To consider all stake holders debates. discussions, deliberations to preserve the healthy environment. Executive bodies to implement environmental laws in various levels. Corporations, municipalities, local governments’ bodies to prevent pollutions, to protect water bodies. Administrative authorities to educate the people importance of environment, climate change, sustainable development. human rights. Acts, the rules, regulations. The gross root level of administrations to protect the mother earth in safe way Executive bodies should to give information about access to justice avaible to people. The following are certain of the enactments relating to the environmental protection, The wild life (Protection) Act, 1972, The Water (Prevention and Control of Pollution) Act, 1974. The Forest (Conservation) Act 1980. The Air (Prevention and Control of Pollution) Act 1981. The Environment (Protection) Act.1986. The National Green Tribunal Act 2010.Above the acts executive and administrative authorities should implement for environmental protection.
Judicial response:
In the Supreme Court article 32 and High court article 226 provides to Access to justice through public interest litigation in environmental issues. “The birth of Public interest litigation which still remains an important tool in enforcing fundamental rights and seeking the accountability of various organs of state”[26]. The following observations of the Andhra Pradesh high court in Damodar Rao v.Municipal corporation, Hyderabad,[27] is indicative of new environmental jurisprudence approach which is implies Right to life Article 21.
“The enjoyment of life and its attainment and fulfilment guaranteed by Article 21 of the constitution embraces protection and preservation of nature’s gift is without which life cannot be enjoyed. The slow poisoning by polluted atmosphere caused by environmental pollution and spoliation should be regarded as amounting the violation of Article 21 of the constitution”.
The judiciary adopted progressive approach towards environmental protection decency and dignity are non-negotiable facets of human rights.
In Ratlam Municipality V. Vardhi Chand.[28] , The Supreme Court has rendered environmental justice through judicial activism. The Supreme Court has recognized the importance of pollution free environment and gave it status of human right. Right to Healthy environment as a human right.
In Andhra Pradesh Pollution control Board V M V Nayudu, Justice jagannadha Rao placed human rights issues and environmental issues and environmental issues are same pedestal. He has no doubt in saying human rights and environmental rights derive strength from article 21 of Indian constitution Right to life.[29]
Supreme Court suggested that the government of India that since cases involving of environmental pollution. Ecological destruction conflict with natural resources increasingly coming up adjudication, those cases involve assessment and evolution of scientific and technical data. It’s desirable to set up environmental courts and green benches subsequently National green tribunals formed and working presently for protection of environment. Judicial activism plays very significant role to protection of environment through public interest litigation. National legal service authority and State legal service authority and District legal service authorities .Mondal legal service committees providing Access to justice in victims of disasters
Climate change – Access to justice – Public interest litigation in India.
The concept of public interest litigation plays very important role to protect the environment. The importance of the Access to justice and environmental issues being discussed Bar, Bench, jurists, environmentalist, academicians in the subject vastly. Due to climate changes disasters are happening where people are suffering a lot. legal aid services proving to the people those who are victims of disasters .legal aid is instrumental to ensure justice every walk of the life which is part of access to justice.
Justice P N Bagawathi the current trust of judicial words “The social justice is the signature tune of constitution and it is their solemn duty under the constitution to enforce their basic human rights of the poor and the vulnerable sections of the community and actively help in the realization in the constitutional goals. This new change has to come if the judicial system is to become an effective instrument of social justice, for without it, it cannot survive for long …”[30]
Keeping in the tune one of the greatest development in judicial process India has been the realization part of legislative ,executive , judiciary they must work with harmony for the welfare of marginalized ,weaker ,deprived ,disadvantaged sections of society . Here social justice synonymous to Access to justice remove inequalities among the people. The state shall strive for access to justice to the people which includes social justice.
In State of Himachal Pradesh v. Parent of student, Medical college, Shimla and others,[31]
The Supreme Court explained the scope of Public interest litigation
“This is innovative strategy which has been involved in the supreme court for the purpose of providing easy access to justice for the weaker sections of humanity and it is powerful tool in the hands of powerful spirited individuals and social action groups for combating exploitation and in justice and securing of under privileged segments of society their social and economic entitlements .It is highly effective weapon in the in the law for reaching social justice to common” .
The issue relating the environmental degradation and ecological balance pronounced by supreme court Rural litigation and Entitlement Kendra ,Dehradun v. union of India[32] . Above the case the court not only accept letter from NGO RLEK but also asked to Union of India to nominate advocate contest on the case. In this case court observation.
“The government must evolve essential laws to protect and improve flora and fauna,
Non -renewable resources and wild life and human health. It is to be noted that India is one of the signatories of stock holm declaration 1972”. [33]
As a result of strong observation by judiciary the Indian parliament passed by Environmental protection act 1986. The Public liability insurance act 1991. National environmental tribunal act 1995. Subsequently absolute liability, no fault liability inserted in laws which is helpful to justice to the people in environmental jurisprudence. The Supreme Court observation in M.C Mehta v. kamala Nadh.[34] “Our legal system based on English common law includes Public trust doctrine as a part of its jurisprudence. The State is the trustee of all natural resources which are by nature meant for public use and enjoyment. Public at large is the beneficiary of the seashore, water bodies, air, forest and ecological fragile lands. State as a trustee is under legal duty to protect the natural duties .These resources meant for public use cannot be converted into private ownership”. Now Doctrine of Public trust is part of our jurisprudence. Several judgments supreme court and high courts direct to legal service authorities to provide services to disasters of victims in the part of access to people.
Public litigation is challenge and opportunity to government it officers to make basic human rights meaningful to deprived and vulnerable sections of the community and to assure them social and economic justice[35] .
Conclusion:
All the stake holders must take concrete measures to protecting environment. State parties shall promote to facilitate public participation in decision making while formulation policies, laws, acts in environmental, climate change, human rights. International organizations, states, institutions, governmental and Non –governmental institutions to collective team work to protect the Mother earth. Human rights policies and law must be put at the heart of the international environmental policies and laws. International co-operation to promote protect the human rights is the soul of charter of United Nations[36].
All covenants. Treaties, agreements focusing coordination and commitments to fight against the odds of society. Access to justice is accessible in legislative, executive, judiciary redress the environmental damages or harm and the protection of rights of people. Legal service authorities providing services to victims of disasters. In order to world scenario developed countries must take responsibility interest to assist, help the poorer, developing countries. Public interest litigation in world to protect the environment in the name of access to justice for all in environmental jurisprudence.
The woods are lovely deep and dark,
But I have promise to keep,
And Miles to go before I sleep,
And Miles to go before I sleep.
By
Robert Frost.[37]
[1] S.C. Shastri, Environmental law, Eastern Book Company, Lucknow.2005.
[2] Philippe Sands and Jacqueline Peel, Principles of International Environmental Law. Cambridge University Press. 2018
[3] Vishnu Konoorayar, Disaster Management and law, The Indian law institute, New Delhi, 2006.
[4] The UN Conference on the Human environment, Principles 1 of stock holm Declaration 1972.
[5] The UN Conference on the Environment and Development, The Principle 10 of Rio Declaration 1992.
[6] Article 25 The Universal Declaration of Human rights ,1948
[7] Article 25 of American Convention on Human rights, 1969.
[8] Preamble of United nations conference on Environment and Development 1992 .Agenda 21.PARA 1.1
[9] The 1987 Brundtland Report. “Our Common future”.
[10] Dr Malti, Sustainable Development: issues and Challenges, Sarup Book Publishers (p) Ltd, New Delhi, 2017.
[11] GURDIP SINGH ,ENVIRONMENTAL LAW IN INDIA ,MACMILLAN INDIA LTD, New Delhi ,2005
[12] Article 28 of Universal declaration of Human rights .1948
[13] Article 24 convention on the child right
[14] Prof. S. Bhatt , International environmental law, New Delhi .2013
[15] Philip Alston, Promoting Human Rights through Bills of Rights Oxford, New York: Clanrendon Press.1999.
[16] Consumer Education&Reserch center v Union of India .1995, 3 SCC.
[17] H.M. Seervai, Constitutional Law of India, Universal Law Publishing Co., 2010
[18] LYNTON KEITH CALDWELL, International Environmental Policy Emergence and Dimensions. New Delhi, 1991.
[19] Principle 25 of the Declaration of the United Nations on the Human Environment .1972.
[20] DR.N MAHESWASHWARA SWAMY’S Law Relating to Environmental Pollution and Protection .ASIA LAW HOUSE, Hyderabad .2000.
[21] Article 3 of the United nations frame work convention on climate change
[22] Recommendation The organization on economic and development, 1972.
[23] 42 Amendment of the Indian constitution 1976.
[24] P M BAKSHI, THE CONSTITUTION OF INDIA, Universal LexisNexis, Gurgaon, 2023.
[25] Ibid
[26] Prof. (Dr) MOOL CHAND SHRMA, LAW, JUSTICE & JUDICIAL POWER Justice P N Bhagwati ‘S Approach, OakBridge, Gurugram, 2019.
[27] A.I.R 1987 A.P .171.
[28] Municipal Council.Ratlam v.Vardhi Chand and others 67 A.I.R S.C 1984
[29] P.Leelakrishnan ,Environmental Law case Book, LexisNexis Student Series ,Haryana .2010
[30] Mamata Rao ,Public Interest Litigation ,Legal Aid And Lok Adalats ,Eastern Book Company Ltd , New Delhi ,India.
[31] A.I.R 1985, SC 910.
[32] 1985 .2 SCC .431
[33] RLEK Dehradun v Union of India.1986 SCC.
[34](1977) I SCC 388.
[35] Bandhua Mukti Morcha v. Union of India .AIR 1984 SC 802
[36] Article 1, paragraph3, 55 and 56 of U N Charter.
[37] Robert Frost “Stopping by Woods on a Snowy Evening”, 1922.