Role of the Judiciary in Addressing Climate Change Justice Viswanathan highlighted the Supreme Court's proactive stance in recognizing rights against the adverse effects of climate change. He referred to the recent judgment in MK Ranjitsinh & Ors. vs Union of India, where the Court, through CJI DY Chandrachud, articulated the right to be free from the adverse effects of climate change as part of the right to a clean environment under Articles 14 and 21 of the Indian Constitution. This judgment marked a significant development, moving beyond the traditional development versus environment debate to adopt a holistic approach ensuring neither is compromised.
The Need for Environmental Law Experts Justice Viswanathan underscored the necessity for law students to specialize in environmental law. As climate change impacts become more severe, there will be an increasing demand for legal experts to navigate the complex legal landscape. He urged students to prepare for this future, ensuring that the country is equipped with the necessary expertise to address environmental challenges effectively.
Increasing Climate Change Litigation Referencing a paper by former Supreme Court judge Justice AK Sikri, Justice Viswanathan discussed the surge in climate change litigation globally. He cited the Grantham Report on Climate Change and Environment, noting that over 1,000 climate-related cases were filed in 2015 alone, compared to 800 cases between 1986 and 2014. This trend indicates a growing recognition of the importance of legal action in addressing climate change, with courts increasingly favoring climate action in their judgments.
Justice HR Khanna's Legacy Justice Viswanathan paid tribute to Justice HR Khanna, whose legacy continues to inspire judges across generations. He quoted Khushwant Singh, who described Justice Khanna as a paragon of integrity and morality. Justice Khanna's principles serve as a guiding light for the judiciary, reinforcing the importance of judicial courage and dedication to justice.
Inter-Generational Equity and Environmental Responsibility The symposium also featured insights from Senior Advocates Madhavi Divan and V Giri. Divan emphasized that climate change is a present reality, not a distant threat, highlighting the severe impact of recent heatwaves. Giri stressed the principle of inter-generational equity, arguing that actions taken today will directly affect future generations. He called for collective responsibility, urging citizens to actively engage in ensuring state policies are aligned with environmental protection.
Conclusion: A Call to Action Justice Viswanathan's address at the symposium underscored the critical role of the judiciary and legal community in addressing climate change. His call for students to pursue environmental law reflects the urgent need for specialized legal expertise to navigate the complex challenges ahead. As climate change threatens to become irreversible, the judiciary's proactive stance and the preparation of future legal experts are essential for safeguarding the environment and ensuring a sustainable future.
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