CLIMATICE CHANGE AND ENVIRONMENTAL SUSTAINABILITY – A LEGAL ANALYSIS

CLIMATICE CHANGE AND ENVIRONMENTAL SUSTAINABILITY – A LEGAL ANALYSIS

ILE Legal Blog

19 Mar, 2023

CLIMATICE CHANGE AND ENVIRONMENTAL SUSTAINABILITY – A LEGAL ANALYSIS

Author – Irene Maria Shajan, Student at Government Law College, Coimbatore

ABSTRACT

                       My article “Climate Change and Environmental Sustainability -A Legal Analysis” is about the climate change and environmental sustainability. I have given an introduction from the grass root level about the climate and sustainability. The types of climate is mentioned. Aftereffects of the development in India. Climate change and it’s evidences. The factors of climate change. Sustainability and sustainability measures. United Nations Legal instruments are discussed. Indian legislations. The Constitutional provisions on environment protection. National Green Tribunal. Committee made under climate change. Some landmark cases. My article end with my conclusion.

INTRODUCTION

                        Climate, we are hearing since our small age. Now it is a very common word for us. The climate is the weather condition of a particular region. This the simplest definition for climate. The word sustainability is also heard by us from a long time. In India different regions have different climatic and weather conditions. Sustainability is nothing but it is a kind of development without forgetting the needs of the future generation. It has a wide importance in this era.

TYPES OF CLIMATE

  1. Tropical humid climate
  2. Dry climate
  3. Warm temperature climate
  4. Cold snow climate
  5. Cold climate
  6. Highland

AFTEREFFECTS OF THE DEVELOPMENT IN INDIA

                          The total amount of the forest area in India is 80.9 million hectors in the 2021 censes by the press information bureau. The very recent statistics tells that 7,13,789 square kilometre is the total amount of forest.  It is evident that the land area of the forest is getting reduced day by day. There are many reports by the press information bureau which through the light on the depletion of the ground water sources. The ministry of mines has already made the report published about the depletion of the minerals. One of the most important issue is that the land area is decreasing due to the melting of icecaps. The icecaps be like the river and they flow to the oceans and seas. The water bodies are increasing, it leads to the decrease of land areas.  I have pointed out only a few issues there are a lot more.

CLIMATE CHANGE AND EVIDENCES

                      Our mother Earth’s each and every area has a specific type of climate. The change in this average climate is called the climate change. This is happening due to the burning of fossil fuels which increases the production of  green house gases. The speciality of these types of gases is that it’s presence accumulate the temperature.  This ultimately leads to the melting of ice caps in the polar regions. The temperature increase which is mentioned before is actually the phenomenon of global warming. Apart from this there are many other natural factors like internal variability, cyclical ocean patterns, external forces like volcanic activity, changes in the Sun’s energy output, variations in Earth’s orbit.

                      The significant indicators of the climate changes are like global land and ocean temperature increases, rise of sea level, ice loss from mountain glaciers, frequency and severity changes in extreme whether such as hurricanes, wildfires, droughts, floods and precipitation, and cloud and vegetation cover changes etc.

                        The important evidences are sea level rise, global temperature rise, warming oceans, smoking ice sheets, declining Artic ice, glacial retreat, extreme natural events, ocean acidification, decreased snow cover.

FACTORS OF CLIMATE CHANGE

  1. Continental drift
  2. Volcanism
  3. Changes in Earth’s object
  4. Green house gases
  5. Atmospheric aerosols
  6. Shift in land use pattern

SUSTAINABILITY

                    The sustainability is the type of development in which we develop the country by using the resources but we never forget the needs of the future generations. We preserve something for them all. This is called as sustainability. It is a very nice theory for the development. We take care of the upcoming generations also. We are not becoming selfish in our own interest.

SUSTAINABILITY MEASURES

                          Environmental change represents a principal danger to the spots, species and individuals’ occupations. A huge piece of the progressions in the environment are brought about by human exercises and on the off chance that quick moves are not made, it might seriously influence the biological system in general. Given underneath are the actions that can be taken to forestall the adjustment of environment:

  1. Keep away from deforestation and plant an ever increasing number of trees so how much carbon dioxide in the environment can be diminished
  2. Try not to utilize vehicles that emanate ozone harming substances into the environment and select public vehicle, bikes or walk, if conceivable
  3. Turning out to be more energy effective by switching out lights on the off chance that not needed, turn off gadgets that you are not utilizing any longer, supplant your lights with energy-proficient lights, and so forth.
  4. Try not to abuse the regular assets
  5. Reuse, decrease and reuse is the most effective way to protect the climate at a singular level. Reusing is a financially savvy and eco-accommodating cycle that dispenses with squander and doesn’t radiate nursery gasses into the climate
  6. Empower the utilization of sustainable power sources

UNITED NATIONS LEGAL MEASURES

  1. The United Nations Framework Convention on Climatic Change (UNFCC) / UN Climate Convention

In 1992, Earth Summit was held, in which 154 member states attended at Rio de Janeiro in Brazil. At the same time, the United Nations Organisation had prepared a draft on climate changes, which was called “The United Nations Convention of Framework on Climate Change” (UNFCC). This convention is also known as “Convention on Framework of Climate Change” (CFCC) or “Convention on Climate Change” (CCC). It is an international environmental treaty. This Convention consists of 23 Articles and 154 Nations signed this convention. As of 2020, there are 197 member states to this convention and India became a party to this convention in the year 1992.

  • Paris Agreement

The Paris Agreement is established under the UNFCC. The agreement was entered into force in the year 2016. At present, nearly 190 parties to the UNFCC are the parties to the Paris Agreement. India is one among the parties to this agreement where it is the country followed by China to emit the CO2 among the other UNFCC Members.

  • Kyoto Protocol

The Kyoto Protocol is also known as ‘The Kyoto Environmental   Summit on Global Warming’. The Kyoto Protocol is a multinational treaty which broadens the UNFCC. It mandates the member states to lower the emissions of greenhouse gas mentioned in Part-I and to reduce the level of global warming, mentioned in Part-II. The Protocol was came into force on 2005. At present the Protocol consists of 192 member states. India ratified the Kyoto Protocol 1997 and accordingly several Acts including “The Ozone Depleting Substances (Regulation and Control) Rules, 1997”. Nceser-Governmental Panel on Climatic Change (IPCC)

  • G8 and G20

Advancing and safeguarding development.

Improving opportunity of speculation through an open venture climate.

Characterizing normal responsibilities regarding advancement.

Sharing information for further developing energy effectiveness and innovation co-activity with the expect to add to lessening Carbon-di-oxide (CO2) emanations.

The G20 is a global gathering for the legislative leaders of national banks and legislatures. The principal motivation behind the G20 is to make a collaboration between the main creating and industrialized economies to discuss the central points of contention in the worldwide economy.

  • Organisation for Economic Cooperation and Development (OECD)

The OECD was formed in the year 1961. It is an inter-governmental economic organisation. The vital role played by the OECD is to speak about the environmental problems and the management of natural resources in a sustainable manner.

  • International Energy Agency (IEA)

The IEA is an intergovernmental association shaped in the year 1974 under the system of OECD. The job of IEA is to deal with any consequences regarding the actual disturbances of the oil supply and to give any data connecting with the Global Oil Markets and different areas of energy.

INDIAN LEGISLATIONS

  1. The Wild Birds and Animals Protection Act, 1912
  2. The Factories Act, 1897
  3. The Shore Nuisance (Bombay and Kolkata) Act, 1853
  4. The Bengal Smoke Nuisance Act, 1905
  5. The Fisheries Act, 1897
  6. The Indian Penal Code, 1860
  7. The Bombay Smoke Nuisance Act, 1912
  8. 8)The Indian Easements Act, 1882
  9. The Wild Life Protection Act, 1972
  10. The Water (Prevention and Control of Pollution) Act, 1974
  11. The Air (Prevention and Control of Pollution) Act, 1981
  12. The Forest Conservation Act, 1980
  13. The Motor Vehicles Act, 1988
  14. The Environment (Protection) Act, 1986
  15. The Atomic Energy Act, 1982
  16. The National Environment Appellate Authority Act, 1997
  17. The Public Liability Insurance Act, 1991
  18. Environment Impact Assessment (EIA) Notifications

THE CONSTITUTIONAL PROVISION ON PROTECTION OF ENVIRONMENT

                    The mother of Indian law, our Indian Constitution also tells about the protection of environment under Article 48A. This comes under the part IV which is known as the DPSP in short. The Directive Principles of State Policy is the full form of DPSP. This DPSP is a kind of the direction given to the state governments by the constitution which it has to provide to the people. The Article 48A states that the state shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.

                      The part IV A of the Indian Constitution Fundamental Duties has  Article 51A(g). It states that it should be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for the living creatures.

                       The part V of the Indian Constitution Fundamental Rights also has a provision Article 21. It was held in a case that right to live in a healthy environment is also a fundamental rights.

NATIONAL GREEN TRIBUNAL

                         The Public Green Court (NGT) is a specific body that was shaped under the NGT Act, 2010 for powerful and quick removal of cases that are connected with the insurance and preservation of the climate, timberlands, and other normal assets. India has turned into the third country on the planet after Australia and New Zealand, for setting up a specific natural council and furthermore the principal emerging nation to do as such. The Public Green Council has a sum of five spots of sittings in particular: Bhopal, Pune, New Delhi, Kolkata, and Chennai, among which, New Delhi is the Chief spot of sitting.

COMMITTEE MADE UNDER THE CLIMATE CHANGE

 Indian National Committee on Climate Change (INCCC)

           To advance and arrange viable cooperation of India in the global projects connected with Environmental Change and to go about as public board of trustees for such worldwide bodies where required. To support native industry through advances to take up mechanical improvement in Environmental Change.

SOME LANDMARK CASES

  1. Virender Gaur v. State of Haryana[1],it was held that the right to life and personal liberty in the fundamental rights includes the right to live in a healthy environment.
  2. Indian Enviro Legal Council v. Union of India[2], can be understood that it creates a dilemma between the polluters pay principle and the environment issues.
  3. MC Mehta v. Union of India[3], the supreme court has banned the use of diesel vehicles due to the pollution created by such vehicles to the environment.

CONCLUSION

My conclusion to this topic is that we have to conserve our environment. It is the mother Earth by which we are existing. The climate change can effect the whole ecosystem. This ecosystem includes us too. Once we harm our earth then it will definitely retaliate. So we have to be careful of the our actions.

BIBLIOGRAPHY

  1. Geography, Byju’s IAS Exam Prep 2022 Edition
  2. Disaster Management, Byju’s IAS Exam Prep 2022 Edition

[1] 1995 (2) SCC 577

[2] 1996 AIR 1446, 1996 SCC(3)212

[3] 1987 SCR (1) 819; AIR 1987 965