Examine larger ecological system in climate adjudication: CJI
New Delhi, Sept. 20 -- Chief Justice of India (CJI) Surya Kant on Saturday said courts adjudicating climate disputes must examine the cumulative harm to the environment rather than limit their scrutiny to the isolated environmental injury caused by a project.
Speaking at the two-day National Green Tribunal International Conference in New Delhi, CJI said, "A river does not experience pollution according to administrative boundaries. A forest does not understand the distinction between one project from another. The atmosphere does not recognise national frontiers. Climate adjudication must therefore look beyond the immediate proposal and examine the larger ecological system of which that project forms a part."
He said recent Indian climate jurisprudence marked a shift from environmental rights towards climate-related rights, with adverse effects of climate change implicating fundamental rights to equality, livelihood, health and conditions necessary for their meaningful enjoyment.
The challenges ahead, he said, would be more demanding as countries transition to new forms of energy generation.
Globally too, CJI Kant said courts have highlig- hted that the "environment is not an inert backdrop to human ambition, but a living, breathing protagonist in the story of our shared well being."
Referring to India's constitutional framework, he said Articles 48A and 51A reflected the country's commitment to environmental protection.
The conference, themed "The Future of Environment and Climate Dynamics" was inaugurated by Prime Minister Narendra Modi....
To read the full article or to get the complete feed from this publication, please
Contact Us.