Article Summary: A recent Odisha TV report in September 2024 says, “As plans to expand a coal mine move forward, Odisha’s local residents face a difficult decision, weighing the loss of more than 26,00,000 trees.” In 2017, Ridhima Pandey, a 9 year old girl from Uttarakhand filed a climate change litigation to principal bench of National Green Tribunal. The Indian Parliament in early 2023 passed the Climate Action and Low Carbon Development Act. The Act targets 80% of electricity from renewable sources by 2040 and phase out coal-fired power plants by 2050.
“We don’t want these things done by 2050, 2030 or even 2021. We want this done now.” – Greta Thunberg, a climate and environmental activist.
Climate crisis have made general public to move into courts for seeking climate justice through climate change litigation filing. Nowadays, seeking climate justice is directly linked with fundamental rights. These crisis have made Indian and foreign parliaments to pass several climate legislation in the row.
Table of Contents
- Odisha’s Dependency On Coal
- Community’s Opposition in Odisha
- Ridhima Pandey’s Climate Litigation In 2017
- Public Trust Doctrine
- Government’s Lack of Implementation and Negligence of Grassroots Environmental Issues
- Her Argument
- Indian Parliament passed a New Climate Legislation In 2023
- Grassroots Activism for Climate Justice
Odisha’s Dependency On Coal
Right in the heart of Odisha, which is a coal-rich state, a new chapter unfolded in the story of climate change litigation. According to a recent Odisha TV report, “As plans to expand a coal mine move forward, local residents face a difficult decision, weighing the loss of more than 26,00,000 trees.” The trees are environmentally important as they protect earth from the brutal effects of climate.
Community’s Opposition in Odisha
The community’s opposition is part of a larger fight in India about combining economic growth and environmental protection. Similarly, many communities across the country have similar interests. The coal here will be used to power an economy that’s growing fast, but there’ll be a big impact on the environment. Local people are saying that it’s time to put environmental health first, and think long-term.
Ridhima Pandey’s Climate Litigation In 2017
Ridhima Pandey, a nine-year-old from Uttarakhand, has taken a bold stand against climate inaction in India, showing remarkable youthful determination. In 2017, she took the government to court over its failure to tackle climate change. Her case is more than just a concerned child’s plea; it invokes powerful legal principles that have a strong impact on environmental law.
Public Trust Doctrine
Ridhima’s application draws upon the principles of sustainable development and the precautionary approach, as set out in Section 20 of the National Green Tribunal Act, 2010. She filed to the principal bench of National Green Tribunal. Her case cites the duty of today’s generations to act for the benefit of future ones. She also made use of the Public Trust Doctrine, which says that the government is to oversee natural resources on behalf of the public.
Government’s Lack of Implementation and Negligence of Grassroots Environmental Issues
The crux of her case is a critique of the government’s failure to implement vital environmental laws. Ridhima forcefully highlights the flagrant neglect of several crucial environmental laws, including the Forest (Conservation) Act, 1980, the Air (Prevention and Control of Pollution) Act, 1981, the Environment (Protection) Act, 1986, and the Environmental Impact Assessment Notification, 2006.
Her Argument
She argued that the lack of enforcement has had a very destructive impact on the environment and has made climate change worse across the country. As her case progresses in the National Green Tribunal, it has attracted significant media attention, underscoring the urgent need for climate action.
There are no clear policy changes despite public interest. Ridhima’s fight demonstrates the need for environmental justice in India. New developments must be safe and sustainable.
Indian Parliament passed a New Climate Legislation In 2023
In stark contrast to Ridhima’s grassroots activism, the Indian Parliament made headlines in early 2023 by passing the Climate Action and Low Carbon Development Act. This new law will make India a leader in climate action. It sets targets to cut carbon emissions by 50% by 2030, get 80% of electricity from renewable sources by 2040 and phase out coal-fired power plants by 2050. Additionally, it emphasises massive reforestation efforts to create vital carbon sinks.
Grassroots Activism for Climate Justice
Now it’s time to deliver meaningful action on the ground. Ridhima Pandey’s story demonstrates that India still have a way to go before we get climate justice right. Ridhima represents the voice of the movement and a symbol of its hopes and concerns. She demands a sustainable future for everyone. The Climate Action and Low Carbon Development Act is a significant step forward in India’s legislative framework, so it’s vital that the intersection between grassroots activism and the Act’s legislative framework shapes India’s environmental policies in the years to come.
