Law On Climate Change In India

Climate change in India puts additional strain on socioeconomic and ecological systems as industrialization and urbanization accelerate. As a result, India has recognized the value of environmental regulations. Legislation to safeguard the environment has evolved, as some laws focus solely on the penal side. The nation recognized the need for legal changes, and the goal of the statutes shifted from punitive to preventive.

To address the issue of global warming, the Central Government, in collaboration with the State Governments, has enacted environmental legislation within the context of India’s development plan.

Climate change in India

• National Action Plan on Climate Change (NAPCC) The NAPCC is India’s comprehensive plan for combating climate change, which was launched in 2008. It describes eight national missions centered on critical topics such as renewable energy, energy efficiency, and forestry.
• Forest (Conservation) Act of 1980 The Forest (Conservation) Act of 1980 attempts to safeguard India’s forests and wildlife by controlling the use of forest land for non-forestry uses. This law contributes to mitigating the effects of climate change by encouraging forest protection and lowering greenhouse gas emissions.
• The Air (Prevention and Regulate of Pollution) Act 1981 seeks to prevent and regulate air pollution in India. This law helps to reduce the effects of climate change by reducing greenhouse gas emissions and other pollutants that contribute to global warming.
• The Water (Prevention and Regulate of Pollution) Act 1974 aims to prevent and regulate water pollution in India. This regulation contributes to the mitigation of climate change by lowering water pollution, which can harm aquatic life and upset ecosystem equilibrium.
• The Environmental Protection Act, 1986: This Act was passed in the aftermath of the 1984 Bhopal Gas Disaster, which lost over 3000 lives. The Environment Protection Act is an umbrella bill aimed at providing a system for the coordination of the actions of several central and state authorities created by prior legislation, such as the Water Act and the Air Act, by the Central Government. It also enables legislation that articulates a significant legislative policy on environmental preservation and delegates broad powers to the executive.
• The Companies Act, 2013: It required firms to spend 2% of their income on Corporate Social Responsibility, assuring tighter requirements and offering additional incentives for company engagement in environmental and renewable energy problems.  It allows enterprises with a net worth of Rs 500 crore or more, a Rs 1,000 crore turnover, or a net profit of 5 crores to spend 2 percent of their net profit on corporate social responsibility programs.
• Although Article 21 does not directly address climate, the Supreme Court and the country’s several High Courts have adopted a broader definition of the phrase “life” in this provision. According to the courts, the right to life includes the right to live in an environment that is conducive to human nature.
• By putting Article 48A into Part IV of the Constitution, which comprises the state policy guidelines, the State has been granted a statutory responsibility to maintain and promote to conserve the country’s woods and animals. Providing that the ideals outlined in Part IV of the Constitution are important to the country’s governance.
• Article 51A (g) is incorporated into a new section, Section IV-A of the fundamental duties. Article 51A (g) established a fundamental commitment not just to maintain and improve the natural environment for all Indians, but also to respect all living things.

Another significant aspect of Articles 48A and 51A (g) is that the state and its citizens must not only protect but also improve the environment.  According to Article 51-A (g) of our Constitution, “Every citizen of India has a responsibility to conserve and improve the natural environment, including forests, lakes, rivers, and wildlife, as well as to have compassion for living beings.”

India has a very sophisticated legislative and administrative structure for reacting to the region’s massive environmental problems. India is one of the largest developing countries, with unique environmental laws inserted in the Constitution. The government has also formed the Indian Network for Climate Change to address the issue. It includes its goals and the methods it plans to take to achieve sustainable development. Overall, India is taking strong steps to combat climate change.

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