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The reviewed literature presents a comprehensive exploration of diverse range of topics within the fields of environmental and legal studies in India. This collection features seminal legal texts, including:

1. The contributions of Madhav Gadgil and Ramachandra Guha, published by Penguin India, October 2000, namely "Ecology and Equity: The Use and Abuse of Nature in Contemporary India" and;
2. "Environmentalism: A Global History," by Ramachandra Guha, published from Penguin Random House India, November 2016, examine the interplay between nature and society both in India and on a global scale.
3. Amitav Ghosh's "The Great Derangement: Climate Change and the Unthinkable" published by Penguin Random House, 2016, delves into the complexities of climate change.
4. Gitanjali Gill's "Environmental Justice in India: The National Green Tribunal," published by Routledge, 2016, scrutinizes legal frameworks and justice mechanisms, including the National Green Tribunal.
5. Usha Tandon's "Climate Change – Law, Policy and Governance," published by Eastern Book Company, 2016, an edited volume on climate change law addresses policy and governance challenges.
6. Shibani Ghosh's edited volume, "Indian Environmental Law: Key Concepts and Principles," published by Orient BlackSwan, 2019, alongside;
7. The work of Shyam Divan and Armin Rosencranz, "Environmental Law and Policy in India – Cases, Materials and Statutes" published by Oxford University Press, 2020, offers an extensive compilation of legal resources.
8. "The Constitution of India Bare Act," which outlines fundamental legal principles and definitions and includes Supreme Court guidelines, landmark judgments, essential tips, legal maxims, and legally defined terms, published by Law & Justice Publishing Co, January 2021.

Collectively, these publications provide valuable insights into the legal, historical, and policy aspects of environmental issues in India.

Climate Change in India: A Growing Threat

India is experiencing the impacts of climate change in various forms:

1. Rising Temperatures: Increased heatwaves, leading to heat-related illnesses and deaths. A report by Down To Earth, September 2024, has revealed the devastating impact of heatwaves in India this summer, with hundreds of deaths attributed to extreme temperatures and inadequate response systems. 
2. Extreme Weather Events: More frequent and intense cyclones, floods, and droughts, causing displacement, loss of life, and damage to infrastructure. The number of climate-induced hazards has been increasing in India, with more than a 100 million inhabitants impacted by natural events like droughts and floods, while a coastal city like Chennai struggled due to water scarcity in 2019.
3. Sea-Level Rise: Coastal cities and communities are at risk of inundation and erosion. Sea level rise (SLR) has been recognised as the most serious global threat and are a major hazard worldwide, including Indian coastal cities.
4. Agricultural Impacts: Reduced crop yields, water scarcity, and soil degradation affecting food security. According to a report issued on March, 2023 by the Ministry of Agriculture & Farmers Welfare, Govt. of India, “In absence of adoption of adaptation measures, rainfed rice yields in India are projected to reduce by 20% in 2050 and 47% in 2080 scenarios while, irrigated rice yields are projected to reduce by 3.5% in 2050 and 5% in 2080 scenarios”. 
5. Health Risks: Spread of vector-borne diseases and respiratory illnesses. As reported in the Indian Journal of Medical Research (ICMR), December, 2013, “ Developing nations with limited resources are expected to face a host of health effects due to climate change, including vector-borne and water-borne diseases such as malaria, cholera, and dengue”. 

NAPCC Implementations

The Ministry of Environment, Forest and Climate Change (MoEFCC) regulates the administration and climate change programs in India by formulating the National Policy and National Action Plan on Climate Change (NAPCC). The NAPCC is headed by the Prime Minister's Council on Climate Change (the Council) which has eight missions, namely:

1. The National Solar Mission,
2. The National Mission for Enhanced Energy Efficiency,
3. The National Mission on Sustainable Habitat,
4. The National Water Mission,
5. The National Mission for Sustaining the Himalayan Ecosystem,
6. The National Mission for a "Green India",
7. The National Mission for Sustainable Agriculture, and
8. The National Mission on Strategic Knowledge for Climate Change.

The missions mentioned above are implemented by different ministries, and there is no statutory body to check their progress. Precious time has passed since the policy was announced.

The responsibilities of the government as enunciated in the Directive Principles of State Policy in Part IV of the Constitution of India are the determinant commitments towards protection of environment by using available policy instruments and stricter Legislation for effective Laws so as to enable the Courts and strengthening the Judicial systems to favour a Climate Change mitigation by interpretation of the Law over a more conservative one.

Climate-induced disasters such as floods, cyclones, heatwaves, etc. have an imperative impact on the lives of millions of people worldwide. India, due to its geographical location, faces an increased frequency of these disasters, rendering it vulnerable to a myriad of challenges. In India, climate change and sustainable development are not just policy challenges but existential ones. India is affected adversely by climate change on account of its unique topography and diversity of climatic conditions. Climate change disproportionately affects the most vulnerable populations, exacerbating existing inequalities and posing severe risks to those least capable of adapting. Addressing these issues requires a focus on environmental justice, ensuring that climate policies are equitable and do not place undue burdens on the poor and marginalized.

Environment and the Indian Constitution   

The Constitution of India, 1950, did not include any specific provision relating to environment protection or nature conservation. The first development took place when the Constitution (Forty-second Amendment) Act, 1976, was adopted in the mid-seventies. Specific provisions relating to certain aspects of the environment, more especially for the protection of the forests and wildlife in the country, were incorporated in Part IV- Directive Principles of the State Policy - and List III - The Concurrent List - of the Seventh Schedule of the Constitution.

As a result, the Constitution of India now has the following provisions specifically relating to environment protection and nature conservation:

Article 21 of the Constitution of India states: 'No person shall be deprived of his life or personal liberty except according to procedures established by law.' Here, right to life includes right to health, right to  food, right to pollution free environment, etc.

Part IV: Directive Principles of State Policy (Article 48A): Protection and improvement and safeguarding of forests and wild life: The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.

Part IV-A: Fundamental Duties (Article 51-A): It shall be the duty of every citizen of India - (g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.

Seventh Schedule (Article 246) List III - Concurrent List Item No. 17 Prevention of cruelty to animals, Item No. 17A Forests, Item No. 17B Protection of wild animals and birds.

Right to Pollution Free Environment

The major development has been the jurisprudence arising from certain remarkable judicial pronouncements in recent years, more specially relating to Article 21 of the Constitution dealing with 'the right to life'. In the landmark judgment Maneka Gandhi v. Union of India (1978), Supreme Court held that the right to life and personal liberty under Article 21 is not limited to mere animal existence but includes the right to live with dignity. In Virender Gaur v. State of Haryana [1995 (2) SCC 577], explaining upon this concept, the Supreme Court observed: "Article 21 protects the right to life as a fundamental right. Enjoyment of life...including [the right to live] with human dignity encompasses within its ambit, the protection and preservation of environment, ecological balance free from pollution of air and water, without which life cannot be enjoyed. Any contra acts or actions would cause environmental pollution. Environmental, ecological, air, water pollution, etc. should be regarded as amounting to violation of Article 21.

Therefore, hygienic environment is an integral facet of right to healthy life and it would be impossible to live with human dignity without a human and healthy environment....[T]here is a constitutional imperative on the State Government and the municipalities, not only to ensure and safeguard proper environment but also an imperative duty to take adequate           measures to promote, protect and improve both the man-made and the natural environment."

Right to Life and Climate Change

The Indian Constitution guarantees the right to life under Article 21. While this right is primarily associated with physical existence, courts have interpreted it expansively to include the right to a healthy environment and a dignified life. In the context of climate change, this means:

1. Right to a Healthy Environment: The right to life encompasses the right to clean air, water, and a healthy ecosystem. Climate change threatens these essential elements, impacting human health and well-being.
2. Right to Food and Water: Climate-induced droughts and floods can disrupt food production and water availability, jeopardizing the right to food and water.
3. Right to Livelihood: Climate change can displace communities and disrupt livelihoods, especially for those dependent on agriculture and coastal economies.

Legal Framework and Climate Change Mitigation

India has a robust legal framework to address environmental issues and climate change crisis:

1. The Wildlife (Protection) Act, 1972 aimed at rational and modern wild life management.
2. The Water (Prevention and Control of Pollution) Act, 1974 alongwith The Water (Prevention and Control of Pollution) Cess Act, 1977 provides for the establishment of pollution control boards at Centre and States to act as watchdogs for prevention and control of pollution.
3. The Forest (Conservation) Act, 1980 with The Forest Conservation Rules, 2003 aimed to check deforestation, diversion of forest land for non-forestry purposes, and to promote social forestry.
4. The Air (Prevention and Control of Pollution) Act, 1981 aimed at checking air pollution via pollution control boards.
5. The Environment (Protection) Act, 1986 with The Environment (Protection) Rules, 1986 is a landmark legislation which provides for single focus in the country for protection of environment and aims at plugging the loopholes in existing legislation.
6. The Public Liability Insurance Act, 1991 provides for mandatory insurance for the purpose of providing immediate relief to person affected by accidents occurring while handling any hazardous substance.
7. The National Environment Tribunals Act, 1995 was formulated in view of the fact that civil courts litigations take a long time (as happened in Bhopal case). The Act provides for speedy disposal of environmental related cases through environmental tribunals. Under the Act, four benches of the tribunal will be set up in Delhi, Calcutta, Madras and Bombay and 8,000 of the most Hazardous industrial units in the country will be brought under its security.
8. The National Environment Appellate Authority Act, 1997 provides for the established of a National Environment Appellant Authority (NEAA) to hear appeals with respect to restriction in areas in which any industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards under the Environment (Protection) Act, 1986.
9. The Biological Diversity Act, 2002 is a major legislation intervention affected in the name of the communities supposed to be involved in the protection of biodiversity around them. The Act intends to facilitate access to genetic materials while protecting the traditional knowledge associated with them.
10. Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2007.
11. The National Green Tribunal Act, 2010: Establishes a specialized tribunal to handle environmental cases.
12. However, challenges remain in effectively implementing these laws and policies:

• Weak Enforcement: Lack of adequate enforcement mechanisms and capacity to monitor and penalize violations.
• Political Will: Insufficient political will to prioritize climate action and allocate resources.
• Judicial Delays: Lengthy legal processes and bureaucratic hurdles hinder timely action.

International Cooperation and Climate Justice

India is actively involved in international climate negotiations and has committed to ambitious climate goals. However, developed countries, historically responsible for the majority of greenhouse gas emissions, must fulfill their obligations to support developing countries in their climate mitigation and adaptation efforts.

Climate change impacts the constitutional guarantee of right to life. The Supreme Court in India has played a transformative role in the realisation of the rights of the citizens. On March 21, 2024 the Supreme Court passed a historical judgement in M.K. Ranjitsinh et al. v. Union of India et al., by a bench comprising of Justices J. B. Pardiwala and Monaj Mishra headed by the Chief Justice of India Dhananjaya Y Chandrachud distinctively quantified, “Without a clean environment which is stable and unimpacted by the vagaries of climate change, the right to life is not fully realised. The right to health (which is a part of the right to life under Article 21) is impacted due to factors such as air pollution, shifts in vector-borne diseases, rising temperatures, droughts, shortages in food supplies due to crop failure, storms, and flooding... From these, it emerges that there is a right to be free from the adverse effects of climate change.” The Bench also declared, “If climate change and environmental degradation lead to acute food and water shortages in a particular area, poorer communities will suffer more than richer ones...The inability of underserved communities to adapt to climate change or cope with its effects violates the right to life as well as the right to equality”. The Court also noted that globally Courts are confronted with issues of climate change and human rights. The bench observed, “There is no single or umbrella legislation in India which relates to climate change and the attendant concerns...this does not mean that the people of India do not have a right against the adverse effects of climate change.” It is pertinent to mention here that Hon’ble Supreme Court explicitly stated, “States owe a duty of care to citizens to prevent harm and to ensure overall well-being. The right to a healthy and clean environment is undoubtedly a part of this duty of care. States are compelled to take effective measures to mitigate climate change and ensure that all individuals have the necessary capacity to adapt to the climate crisis.”

The climate change crisis poses a serious threat to the right to life in India. Addressing this challenge requires a multi-faceted approach involving legal, policy, and technological solutions. By strengthening the legal framework, enhancing enforcement mechanisms, and promoting international cooperation, India can work towards a sustainable and climate-resilient future. It is imperative to recognize the inter-link between climate change and human rights, and to prioritize the protection of the most vulnerable communities.

Environment protection is the need of the hour as we are depended on it for our heath and livelihood. Constant use of natural resources over the decades has resulted in environment degradation, which is a product of deforestation, air pollution, water pollution, over grazing and soil erosion .We have environment laws to cut down air pollution, water pollution and deforestation to make the environment stable and save for the future generation.

There are separate laws and bodies that deal with environmental and ecological issues (deforestation, pollution, etc.) but none subsumes climate change and its impact extensively and there does not exist any law or a body that focuses and addresses climate change solely. Deforestation, ecological degradation and pollution are a few of the microcosmic effects of climate change and hence, it becomes necessary to have a law and body in place that focuses on climate change and its assessment, adaption and mitigation.

We need to reform our environment laws looking at the present scenario and promote sustainable development with smart thinking and smart technology with putting a limit on the use of natural resources and strict enforcement of punishment for breaking the law(s).

Recommendations

It is the need of the hour for India to incorporate new changes in its climate change policy. Though the Government of India has not made any specific climate change legislation, it would be recommended to incorporate at least two of the provisions mentioned in a private bill tabled by Kalikesh Singh Deo, Lok Sabha MP, in 2015 titled ‘The Climate Change Bill of 2015 (the Bill)’.

Chapter 3 of the said Bill covering 'Carbon Budgeting' prescribed a mandatory duty upon the union government to present carbon budgets for every budgetary period, commencing from the years of 2015-2020. The Bill also envisaged that it shall be the duty of the government to present before the Parliament, "a report setting out proposals and policies for meeting carbon budgets for the current and future periods".

The second proposal which could be incorporated as mentioned in the Bill is the setting up of a "Carbon Trading Scheme" to be monitored by a Carbon Trading Authority. This would also help in raising public awareness about the issue, and in enforcing accountability.

The Government of India must also aim at setting up a statutory authority on similar lines to that of United Kingdoms (UK), called the ‘Climate Change Committee’ with the mandate of providing reports to the Parliament on the progress made by the Government in tackling climate change, in order to comprehensively tackle the challenge of climate change.

Smt. Priyanka Chaturvedi, M.P., on 4^th February, 2022 introduced a Bill in the Rajya Sabha, namely, ‘The Council on Climate Change Bill, 2021’, for the establishment of a council on climate change at the Centre and in each State which seeks to achieve the objectives solely focusing on climate change and its assessment, adaption and mitigation. As India does not have a comprehensive law addressing climate change, this Bill seeks to achieve the above stated objectives.

In the light of the above discussion it is very much pertinent to draw up the new legislations to combat the challenges of Climate Change Crisis, however the said Bill(s) are still lying pending in both the Houses to see the light of a new dawn.

To effectively address the climate crisis and protect the right to life, it is essential to:

1. Strengthen Legal Framework: Enhance existing laws and regulations to incorporate climate change considerations. ‘Fundamentally, this necessitates a transition from a policy framework to binding legislation addressing responsive climate adaptation — a legal mechanism that exercises the right recognised by the Supreme Court. ‘A climate law would essentially embody the maxim (Latin principle) ‘Ubi jus, ibi remedium’ (where there is a wrong, there is a remedy) to address climate risks. While remedies can currently be sought under the Constitution of India, specific climate legislation would streamline the process and bridge existing gaps by providing a clear framework for legal remedies to effectively address climate-related grievances’. (Down To Earth, August 2024).
2. Promote Climate Justice: To ensure and act that the most vulnerable communities are protected from the adverse impacts of climate change. It remains critically important to engage with the need for an integrated, holistic, imaginative, and effective climate protection law and policy framework in the days ahead. 
3. Empower Citizenry: To enhance and encourage public participation and awareness campaigns to promote sustainable practices.
4. Foster International Cooperation: To co-ordinate and collaborate with other countries to address global climate challenges.  

By addressing these challenges and leveraging the power of law, India can strive for a sustainable and climate-resilient future, safeguarding the fundamental right to life for all its citizens.

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Websites & Links

1. https://www.ecology.edu, Environmental Legislation.
2. https://www.legalervicesindia.com, Environmental Laws and Constitutional Provision in India.
3. https://www.indiabarassociation.org, Constitutional Provision for The Protection of Environment with Case Law.
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5. https://www.un.org, Climate Action: Causes and Effects of Climate Change.
6. https://www.climate.gov, Climate Change: Global Temperature.
7. https://www.nwf.org, Environmental Threats.
8. https://openlibrary.org
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