THE LEGAL IMPLICATIONS RELATING TO CLIMATE CHANGE IN INDIA: GLOBAL COMMITMENTS, NATIONAL LAWS, AND THE PATH FORWARD

India, as one of the world’s most populous countries and a significant emitter of greenhouse gases, faces a complex set of challenges in addressing climate change through its existing legal framework. India being a signatory to global environmental agreements, coupled with its environment laws and emerging climate and environment litigation, demonstrates its multifaceted approach for tackling the climate change crisis. This article examines the legal implications of climate change in India, exploring its international commitments, domestic legislations, climate and environment litigation, and the challenges the nation faces in implementing robust mechanisms to deal with climate change.

International climate commitments and legal frameworks

India’s legal obligations on climate change are deeply influenced by international instruments like the United Nations Framework Convention on Climate Change (UNFCCC), the Paris Agreement and the Kyoto Protocol. India’s involvement in these international frameworks underscores its commitment for addressing climate change while balancing development needs, economic growth, and environmental sustainability. India advocates for the principle of Common but Differentiated Responsibilities (CBDR), arguing that developed nations, having historically contributed more to emissions, should take the lead in combating climate change.

Paris Agreement and India’s Nationally Determined Contributions (NDCs)

India’s commitments under the Paris Agreement reflect its need to balance environmental sustainability with development priorities:

1. Renewable energy expansion: India has pledged to achieve 500 GW of non-fossil fuel-based energy capacity by 2030, with a heavy focus on solar and wind power.
2. Reducing emissions intensity: The country aims to reduce emissions intensity (emissions per unit of GDP) by 45% till 2030.
3. Net zero by 2070: India has set a target for net-zero emissions by 2070, signalling a long-term commitment to climate action, although this is significantly delayed compared to developed countries aiming for 2050.

However, the Paris Agreement is not legally binding, and India’s Nationally Determined Contributions (NDCs) are voluntary, thus lacking the enforcement power of national laws. This means that India’s commitments depend on the integration of these goals into its domestic policy framework.

The Kyoto Protocol and India’s Role

Under the Kyoto Protocol, India was exempt from binding emissions reduction targets, given its status as a developing country. This aligns with India’s position that developed countries should take responsibility for emissions reductions, owing to their historical contributions to climate change. India participated in the Clean Development Mechanism (CDM), which allowed it to earn carbon credits by hosting emission-reduction projects. However, the failure of the Kyoto Protocol to include major emerging economies, including India and China, exposed the challenges in balancing equity with global climate goals.

Indian laws and policies for climate change mitigation

India has several national laws and policies aimed at mitigating climate change, but their implementation has often been inconsistent. These laws primarily focus on environmental protection, energy efficiency, and sustainable development, and while they are not explicitly geared toward climate change, they support broader environmental objectives.

National Action Plan on Climate Change (NAPCC) is India’s flagship policy document addressing climate change through various missions, including, National Solar Mission, National Mission for Enhanced Energy Efficiency, National Water Mission, National Mission for a Green India, National Mission on Sustainable Habitat, National Mission for Sustainable Agriculture and National Mission on Strategic Knowledge for Climate Change.

Despite these missions, their success is often hindered by inconsistent implementation at the state level, lack of political will, and financial constraints. The Environment Protection Act, 1986, Energy Conservation Act, 2001, Forest Conservation Act, 1980 and Wildlife Protection Act, 1972 although offer legalbases for environmental regulation but lack the necessary enforcement mechanisms to address climate change comprehensively.

India’s environmental vulnerability

India faces severe air pollution, with major cities consistently ranking among the most polluted in the world. The Air Quality Index (AQI) in cities like Delhi, Mumbai, and Kolkata regularly reaches hazardous levels, leading to health crises and public outcry. Despite laws like the Air (Prevention and Control of Pollution) Act, 1981, and air quality standards set by the Central Pollution Control Board (CPCB), enforcement remains weak, and the country continues to struggle with poor air quality.

Delhi’s pollution crisis, exacerbated by the burning of crop residue, vehicular emissions, and industrial pollution, serves as a stark example. The government’s efforts, such as the Graded Response Action Plan (GRAP), which issues restrictions on vehicle movement, construction, and industrial operations during high pollution periods, have been insufficient in curbing the rise in pollution levels. The government’s lack of consistent enforcement and reluctance to tackle entrenched interests in the coal and automobile sectors has resulted in limited success.

India’s vulnerability to La Niña and El Niño effects poses additional challenges to its climate resilience. These phenomena can cause extreme weather conditions such as droughts, floods, and erratic monsoon patterns. El Niño typically leads to warmer temperatures and drought, while La Niña is associated with heavier rainfall and floods. The 2015 Chennai floods, which were partially attributed to La Niña, and the recurring droughts in Maharashtra and Karnataka, underline India’s vulnerability to climate variability. These events exacerbate existing problems like water scarcity, agricultural stress, and food insecurity.

Climate and environmental litigation in India

Climate litigation in India has not evolved as much as it has progressed in the United States and the European Union. United States has been leading in climate litigation over the past two decades. Suits including regulating vehicular pollutants emitting greenhouse gases, to violation of constitutional right to life caused by government policies allowing fossil fuels to carry on their business at harmful levels have been dealt by the Courts in the United States. The New Zealand Court has also delivered an important climate claim that has paved way for future litigations, a notable litigation was the Thomson’s case, where the plaintiff questioned the targets set by the New Zealand’s Government at the Paris Agreement. Also, in Smith vs. Fronterra Co-Operative Group Limited, claim was brought against major New Zealand facility emitters of greenhouse gas for violating their duty to prevent climate change.

In India, climate litigation is emerging as a vital mechanism for enforcing environmental laws and ensuring government accountability on climate action. While the Indian judiciary has historically been active in environmental matters, the growing awareness of climate change has led to an increase in legal challenges related to the government’s response to climate risks. In one of the earliest environmental landmark cases,the Supreme Court ordered the closure of highly polluting industries near the Taj Mahal to protect the monument from the damaging effects of pollution. Recent climate and environmental litigation in India has seen an uptick, with growing concerns over pollution, illegal mining, deforestation, and the impact of climate change. Key cases include the Supreme Court’s involvement in regulating air pollution in Delhi, which has led to directives on industries and vehicular emissions, and the National Green Tribunal (NGT) ruling on waste management and environmental damage due to construction activities. In addition, public interest litigations (PILs) have been filed addressing the government’s role in curbing carbon emissions, protecting biodiversity, and enforcing stricter environmental regulations.

These cases reflect increasing judicial activism in holding both the government and private entities accountable for environmental harm.The cases not only reinforce the precautionary principle and the polluter pays principle but also demonstrate the role of the judiciary in filling gaps in environmental governance, often stepping in when executive and legislative actions are insufficient.

Critical analysis of government’s climate action

India has made ambitious climate commitments at the global level, but its national implementation has been lacklustre. Despite policies like the NAPCC, Green India Mission, and efforts to scale up renewable energy, enforcement of these laws has been inconsistent. Several factors contribute to this failure:

• Lack of political will: State and local governments often lack the political will to enforce climate policies, especially when they conflict with immediate economic interests such as coal mining and heavy industry.
• Implementation gaps: Even when strong laws are in place, the lack of proper infrastructure, weak institutional capacity, and poor coordination between various levels of government have led to significant implementation gaps.
• Financial constraints: Although India has committed to ambitious renewable energy targets, the high upfront costs and financing barriers have slowed the transition to a low-carbon economy.

The government’s failure to fully honour its commitments is clear. India’s inability to enforce its national laws and respect its international obligations under agreements like the Paris Agreement exposes the gap between policy and action. The government must prioritize climate action with urgency, allocating sufficient resources to meet its ambitious targets.

The path forward: Strengthening legal frameworks and climate justice

To neutralise the cascading effects of climate change, India needs the following reforms:

1. Binding climate change legislation: India should pass a Climate Change Act that mandates specific emission reduction targets, a robust monitoring mechanism, and penalties for non-compliance. This will ensure that the country’s international commitments translate into actionable domestic policies.
2. Empowering local governments: States and local governments must be given the resources and legal mandates to develop and enforce regional climate action plans tailored fit for the local needs.
3. Green finance mechanisms: India needs strong legal frameworks to incentivize green investments and renewable energy projects, including tax breaks and subsidies for sustainable practices.
4. Climate justice: Special legal protections should be extended to vulnerable communities, ensuring that the impacts of climate change, such as floods, droughts, and extreme temperatures, do not disproportionately affect the poor and marginalized.

India needs more MC Mehta like figures, public interest litigants and activists, who can hold both the government and corporations accountable for their environmental failures. Only through robust legal frameworks, improved enforcement, and judicial oversight can India effectively tackle the dual crises of climate change and environmental degradation.

Conclusion

India’s legal response to climate change is evolving, but the country faces significant challenges in enforcing laws, implementing climate policies, and meeting its international commitments. The government must demonstrate greater political will, strengthen legal mechanisms, and ensure transition into a low-carbon future. Only with a combination of strong legal action, active judicial involvement, and committed policy implementation can India hope to mitigate and adapt to the growing threat of climate change.

Authored By:

Adv. Somesh Pandey

SUO Law Offices