In a compelling address, retired Supreme Court Justice Hima Kohli emphasized the need for a comprehensive national climate law in India, citing the insufficiency of current fragmented environmental legislations to effectively address the challenges posed by climate change.
Speaking at a seminar titled “Climate Liability, Justice, and Jurisprudence,” Justice Kohli highlighted the critical gaps in India’s approach to climate change. She referenced the landmark judgment in the M K Ranjitsinh case as a significant step toward strengthening the legal framework surrounding environmental laws and integrating human rights with climate strategies.
“Our existing environmental laws, while numerous, are scattered and often do not meet the challenges presented by the urgent needs of climate change,” Justice Kohli stated. She argued for a unified legal approach that could handle the complexities of climate issues more effectively.
The M K Ranjitsinh judgment has been a cornerstone in evolving climate litigation, linking the protection of the environment directly with the fundamental rights of citizens. According to Justice Kohli, this case sets a precedent for future climate litigation by empowering citizens to demand more substantial actions against climate change inadequacies.
“Such a judgment not only strengthens our environmental laws but also positions India as a leader in global climate change policy, influencing international approaches,” she added.
Justice Kohli also discussed the role of Public Interest Litigations (PILs) in promoting climate justice. She praised PILs for their historical significance in advancing environmental protection but cautioned against their misuse for non-serious or political agendas.
“The potential of PILs in climate litigation is immense, provided they are utilized responsibly. It’s imperative that courts scrutinize these litigations to ensure they genuinely address substantial concerns,” she remarked.
Echoing a sentiment expressed in July by Supreme Court Justice K V Viswanathan, who advocated for a permanent commission akin to NITI Aayog to tackle climate issues, Justice Kohli underscored the ongoing debate among experts about the best legislative framework for India’s climate policies.
