Even as there is room for improvement for India when it comes to sustainable practices, it bears the brunt of taking the blame for environmental damage and climate change, while many other nations fly under the radar, Supreme Court’s judge Justice Surya Kant said Friday. The SC judge was speaking during the launch of ‘Climate Change: The Policy, Law and Practice’, a book authored by lawyer Jatinder Cheema. While Justice Surya Kant was the chief guest, Justice K V Vishwanathan, Justice Sanjay Karol and Justice P S Narasimha were present as speakers. “When we analyse climate change, its effects and its counter measures through a domestic lens, we often see, and a perception is created on this, that India and other developing countries disproportionately bear the brunt of taking the blame for environmental damage and climate change. While I am not suggesting there is no room for improvement on our part when it comes to sustainable practices, wrongdoers often fly under the radar,” said Justice Surya Kant. Justice Surya Kant said there are countries, which are unable to handle their environmental issues and it is manifested in instances such as shipping of waste to developing and under developed countries. “…There are countries who are the highest generators of waste in the world, especially in terms of e-waste and marine debris. But what adds insult to the injury, is that these countries often export their plastic waste and very conveniently circumvent their need to address their ineffective waste disposal mechanisms,” he said. All the SC judges present highlighted the recent landmark judgement by Chief Justice DY Chandrachud recognising the rights of citizens against adverse effects of climate change. The judgement delivered in April expanded the scope of Article 14 and Article 21 of the constitution to include “right against the adverse effects of climate change”. The judgement was passed in a matter regarding recovery of critically endangered Great Indian Bustard birds. Justice Vishwanathan and Justice Karol emphasised the need for a new jurisprudence on climate change which was separate from environment law. Reflecting on the debate as to what should be the new framework for climate legislation in the country, Justice Vishwanathan said that India needs to take an all-round approach rather than only focussing on regulating emissions like certain developed countries. “One other thought I want to leave you with, is the need for establishing, which the author addresses in his book, and which the other experts have been writing on, a climate change commission for our country, which will be a permanent body. Like we have the NITI Aayog now, so that periodically all stakeholders address this issue and the frontiers are pushed,” he said. Justice Karol stressed on the need for a special focus to tackle the impact of climate change on agriculture, which he said was one of the occupations affected adversely due to climate change. Meanwhile, Justice Narasimha underlined that any climate action cannot ignore the role of individual action, which is equally important in bringing about change.
