Environment Protection Legal and Human Rights Perspective in India

Abstract

Climate litigation is in its embryonic stage in India. Climate-related claims have nonetheless to be litigated in the courts. There are some cases during which global climate change has been stated however solely en passant. This example may be set to vary. Global climate change and its impacts are quickly capturing the popular imagination in India. There's a growing appreciation of the importance and significance of the climate challenge, and a swerve of climate policies and initiative at the national and state levels are launched in response. This means not simply that there are potential litigants waiting within the wings however conjointly that climate related claim is probably to be favorably amused by the judiciary. The rise within the range of global climate change judicial proceeding has return below the general public scanner in recent times. Global climate change judicial proceeding is tarnished by the scientific, economic, political queries that are thought of as vital impediments in production apt judicial proceeding strategy. This paper is a trial at distinctive the current legal position of global climate change judicial proceeding in India diagramming an overall probable future. The article argues that climate claims can have a powerful footing in India in years to come back relying upon figuring out legal strategy supported by a number of the common law principles like common nuisance and negligence. Although, for critiques global climate change judicial proceeding supported common law theory should still seem unsure, the potentiality of such suits can't be unnoted in providing a replacement dimension in entire global climate change discussion.