11-year-old Ridhima Pandey filed an appeal at the Supreme Court of India regarding the failure of the Government of India in treating the carbon emissions emitted effectively and despite scientific innovation. The petition had been originally filed in 2017 with the National Green Tribunal, which was later submitted before the Hon’ble Supreme Court after the NGT dismissed the case in 2019.
The plea on environmental law sheds light upon the extent of damage caused to the environment leading to rapid global climate change. The appeal also highlights other serious environmental issues such as ice glaciers melting in the Himalayan ranges, increasingly rising sea levels, acidification of the ocean, an increase in climate refugees, excessive rainfall incidents, and loss of mangrove areas in the forests of the nation.
Negligence of the government towards climate change
The case points out the error and the negligence of the government regarding the tendency to ignore the significance of climate impact assessments, especially when it comes to considering cases for giving approval for carbon-intensive projects. It expresses worry over the failure of the government to fulfill its commitments made towards mitigating the effects of climate change for sustainable development, such as the realization of the Paris Agreement into domestic policies.
The environmentally awakened plea, also requests the court to give directions to the government for chalking out a plan for the establishment of a carbon-budget till 2050 in order to make limitations on emissions. The plea is also looking out for the implementation of strict and rigorous climate impact assessment under the Environmental Impact Assessment (EIA) in the projects that seek environmental and forest clearance along with a time-bound recovery plan for mitigating the greenhouse gas carbon emissions for an improved national climate.
Amicus Curiae appointed by the Supreme Court
In response, the Hon’ble Supreme Court of India gave much consideration to the issue of preservation and improvement of the environment and climate change in India at present. The appellate court has appointed advocates Sudhir Mishra (founder and managing partner of Trust Legal Advocates & Consultants) and Jay Cheema (founder, Chambers of Jay Cheema) as amicus curiae. Both the learned counsels will assist in the examination of the legal framework regarding the regulation of carbon emissions.
The court has also instructed senior advocate Swarupama Chaturvedi, who is representing the Union of India, to compile and give a submission of all rules and regulations existing at the time regarding carbon emissions in two weeks time.
On April 6th, 2024, the Supreme Court of India gave a transformative judgment on environmental law in the case of the Great Indian Bustard becoming endangered. The court said that citizens have a right against climate change, which is covered under the ambit of Article 14, Right to Equality, and Article 21, Rights to Life, in the Constitution of India.
