Judicial Activism for Addressing Climate Change: Need of the Hour

Abstract

Climate change has been at the helm of discussions globally and is agreed to have the effect of posing an existential threat to humankind. While the objective of the Paris Agreement (COP 21) was to achieve Carbon Neutrality by 2050, India is still far from achieving it. There are several initiatives taken up by the Government for promoting people’s Right to Environment by addressing climate change issues but these are better said than done. The primary issue is lack of participation of all concerned stakeholders
in achieving the climate change objectives or even being sensitive towards climate change. While the legislatures and the executives have had their contributions in addressing climate change, there is a need for the Judiciary to create ‘Climate Consciousness’ and focus on an urgent system change. Another major issue is the diversity in geographical features across different regions including climatic zones, topography, economic conditions, and social ecosystems. As a result, it imposes unique set of challenges calling for different approaches to be employed for addressing them. This study aims to delve deeper into the role which the Indian Judiciary can play in addressing the issue of climate change and developing ‘Climate Consciousness’ among members of general society. India is certainly moving in the right direction to achieve its objectives by 2050 but there is certainly a need for improved participation of the Judiciary in achieving the same. From fast-track courts to specifically deal with climate change issues to Judicial Activism for a clean and pollution-free environment, there is still a very long way to go in achieving climate conservation.