Introduction
Climate change is no longer a distant threat—it is a lived reality. In India, with its vast population and diverse ecosystems, the consequences of climate change are particularly acute, including extreme weather events, glacial melting, droughts, and floods. As environmental degradation intensifies, legal avenues are increasingly being used to enforce climate accountability. Climate litigation has emerged as a powerful tool in India to ensure compliance with environmental norms, influence policy, and protect fundamental rights.
This article explores the growing trend of climate litigation in India, the role of the Environment Protection Act, 1986, and the emerging career opportunities for lawyers in this dynamic field.
What is Climate Litigation?
Climate litigation involves legal actions aimed at addressing the causes and impacts of climate change. It often includes lawsuits against governments for failing to implement environmental policies, actions against corporations for contributing to greenhouse gas emissions, or efforts to enforce existing environmental laws and regulations.
Globally, climate litigation is on the rise. India, too, is seeing an increase in climate-related legal actions, often framed through the lens of constitutional rights (Article 21 – Right to Life), statutory violations, and international environmental commitments.
Legal Framework Supporting Climate Litigation in India
1. Environment (Protection) Act, 1986
This Act is the umbrella legislation for environmental protection in India. Enacted in the wake of the Bhopal Gas Tragedy, it provides the Central Government with the power to:
- Take all necessary measures for protecting and improving the environment.
- Lay down standards for emissions or discharge of environmental pollutants.
- Regulate the location of industries.
- Restrict areas in which any industries shall not operate.
- Take measures for handling hazardous substances.
It empowers the government to frame rules, penalize polluters, and initiate civil and criminal proceedings against violators. Many climate-related cases have used this Act to demand action or accountability.
2. National Green Tribunal (NGT) Act, 2010
The NGT is a specialized forum for effective and expeditious disposal of environmental cases. It allows individuals, civil society, and affected communities to challenge:
- Non-compliance with environmental regulations.
- Approval of environmentally damaging projects.
- Government inaction in climate-sensitive areas like forests, water resources, and biodiversity.
NGT rulings in cases like the Vizag gas leak, Yamuna floodplains, and Delhi air pollution show a clear climate-related dimension.
3. Constitutional Provisions
- Article 21: Right to life includes the right to a healthy environment.
- Article 48A & Article 51A(g): Directive Principles and Fundamental Duties related to environmental protection.
4. Judicial Activism
Courts in India have adopted an expansive view of environmental rights. In cases like M.C. Mehta v. Union of India, the judiciary has used PILs and the “Polluter Pays” principle to hold actors accountable for environmental harm.
Recent Trends in Climate Litigation
Youth-led and Rights-based Litigation
Inspired by global trends (like Greta Thunberg’s movement), youth groups in India are increasingly invoking climate justice. For example, petitions have been filed asserting that inaction on climate change violates the right to life.
Challenging Fossil Fuel Projects
Civil society organizations are challenging coal-based power projects and mining activities that ignore climate impact assessments. Cases involving EIA (Environmental Impact Assessments) are often framed as climate risk cases.
Strategic Litigation
Litigants are using international climate treaties (like the Paris Agreement) to argue for stricter enforcement and alignment of national laws with global commitments.
Challenges in Climate Litigation
- Limited public awareness of climate law as a distinct field.
- Delayed judicial processes and enforcement gaps.
- Political resistance to climate accountability.
- Need for technical expertise in proving climate-related damages.
Career Opportunities for Lawyers in Climate Law
As the climate crisis deepens, legal professionals have growing opportunities to contribute meaningfully in this field:
1. Environmental and Climate Law Practice
Law firms and boutique practices now offer specialized services in environmental law, helping clients navigate environmental clearances, compliance, and ESG frameworks.
2. Litigation and Public Interest Lawyering
Lawyers can represent individuals, NGOs, and communities before the NGT, High Courts, and the Supreme Court, focusing on:
- Challenging polluting projects
- Filing PILs for government accountability
- Representing victims of climate-related disasters
3. In-house Counsel (Corporate Sector)
With the rise of ESG (Environmental, Social, Governance) compliance and CSR obligations, companies are hiring legal experts to guide sustainability strategies, assess environmental risk, and manage compliance.
4. Policy and Legislative Advisory
Legal professionals are increasingly working with:
- Think tanks
- NGOs
- International organizations (like UNEP, UNDP)
To draft model climate laws, recommend policy reforms, and analyze regulatory gaps.
5. Academia and Research
Growing interest in climate law means new roles in:
- Teaching and curriculum development in universities
- Legal research at policy institutes like CSE, TERI, and Vidhi Legal
- Publishing white papers, reports, and policy briefs
6. International Law and Climate Justice
Indian lawyers with experience in climate litigation are also contributing to international climate negotiations and working with transnational advocacy groups on cross-border environmental justice.
Conclusion
Climate litigation in India is more than a trend—it’s becoming a critical tool for environmental governance. By invoking legal rights and holding governments and corporations accountable, climate litigation is reshaping India’s environmental jurisprudence. For lawyers, this evolving field offers not only professional growth but also the opportunity to be on the frontlines of the fight for environmental justice.
As awareness grows and climate risks intensify, climate litigation will play a central role in shaping India’s response to the climate crisis—and legal professionals will be key drivers of this change.
Contributed by: Aishwarya Sharma (Intern)