Climate Change: Key Global Conventions and India’s Legal Response

4th October, 2024 - 9:57 am Categories: News & Updates 0 Comments

Introduction

It is 2024 of the 21^st century, the phase where most of the countries are developed or are on the verge of development in almost every aspect. Whether it be the infrastructure, technology, medical, or the educational sector, we the homo-sapiens have triumphed in every quarter, as said by Gayle Forman: “You win some, you lose some”, applies in our case too where in the avarice of this capitalistic development we either genuinely missed the area of environment or recklessly forgot it, resulting in the environment of today which is pictured as an ‘old man in the grave’ that is a non-sustainable degraded sector.

This blog glimpses through the concept of climate change by highlighting recent imperative conventions and international treaties by predominantly concentrating on certain laws and principles implemented in India affiliating to these conventions and treaties.

It is quite a fact that the environment the last generation witnessed, the generation of today can never be acquainted with. The result of this ambitiously ruthless developmental race is “Environmental Degradation”.

‘What is Environment Degradation?’

“Environmental degradation is a process through which the natural environment is compromised in some way, reducing biological diversity and the general health of the environment. This process can be entirely natural in origin, or it can be accelerated or caused by human activities.”[1] so to be precise “Environmental degradation is the process of depletion of currently available resources which can either be biotic or abiotic matter, present in our surroundings. It includes living entities such as animals and plants and non-living components such as air, water, soil, etc.”[2] Aspects such as globalization, industrialization, urbanization, over-population, etc. play an imperative role in degrading mother nature.

Advancing Environmental Degradation

The odious consequence of this phenomenon is greenhouse gas Emissions where “gases like carbon dioxide, methane, nitrous oxide, etc. accumulate in the earth’s atmosphere leading to consequences such as climate change and global warming. To intensify, climate change and global warming”[3] are paramount to environmental degradation, and also to highlight the major contributors to it. “The nexus between migration, the environment, and climate change has been increasingly recognized as a key global policy issue over the past decade, and issues related to climate and environmental migration are high on the global policy agenda, both from the perspective of climate change policy and of migration policy. Consequently, policy processes dedicated to migration on the one hand, and climate change and environmental issues on the other hand, have integrated questions of migration, environment and climate change.”[4]

Paris Agreement to COP28

Paris Agreement is an International Treaty signing sovereign nations on climate change with an aim to curtail the issue of greenhouse gas emissions and thus reducing the effect of environmental degradation. The treaty entrenched certain principles to be adhered to collectively in order to lessen the aftermaths of climate change. This document was adopted in the UN Climate Change Conference-2016, COP 16, hence envisaging a smooth conclusion ahead.

2023, witnessed COP 28 in the United Arab Emirates. The conference this time “resulted in unprecedented recognition and momentum for linking efforts to address the climate and biodiversity crises. Alongside pollution, these make up the triple planetary crisis – the three, main interlinked environmental issues facing humanity.”[5]

The Aftereffects

The resources ‘use’ and ‘share’ were the domain of discourse where these limited resources are abundantly misused for short-time-restricted interests, evidently causing damage to the environment but in reality, it is we humans who get mirrored with the real loss, realizing that it is our turn to face the actual degradation, the same environment we used to build these artificial resources, are of no use without the environment itself. The feigned environment of today eventually leads to “increased poverty, famine, weather extremes, species loss, acute and chronic medical illness, wars and human rights abuses”.[6] It could be discerned that the one with power still holds the majority of the resources but the working or the majority class of people undergoes the effect of this hazardous condition.

Recent Analysis

Nov 2023, witnessed COP28 “where most of the nations became the signatories to various conventions and treaties for securing and preserving the so-left situation of the environment. Here arises a considerable hypocrisy where it could be discerned that the still developing nations are held to be responsible for the condition of the environment today while the already developed nations demand a green card. The matter pointed out was that the developed countries have already utilized copious resources and must remunerate the other nations so that the rational development be monetary based instead of being atrocious to the limited environmental resources. But these capitalistic developed countries effortlessly sidelined them, offsetting the condition of the environment.”[7]

It has to be acknowledged that India too, a developing nation, an endorser of the Paris Agreement, has articulated various principles and regulations concerning Environmental degradation adhering to the policies of recent UN Climate Change Conferences. So, this parley between the developed and the developing must be resolute rationally so being favourable to the concept of climate change instead of centralizing the ‘game of blame’.

Highlighting India

“India, for sure, the most populous agricultural-oriented country is not left of the phenomenon of land degradation. India too witnessed enormous nature’s harshness, the result of the indefinite use of natural resources by men. According to official stats, 32% of the land of India is already degraded and 25% is undergoing desertification.”[8] For a country like India, the data is of grave concern which may follow up with matters like sustainable land management, food security, water resources, and livelihoods. To curb the said concerns, India too has adopted certain policies and protocols to be followed to mitigate the issue of degradation

• “The Forest Conservation Act, (1980):

The act expanded to maintain a rational balance between the nation’s development needs and the preservation of natural heritage and to regulate the indiscriminate diversion of forest lands for non-forestry uses.”[9]

• “The Environment Protection Act

This legislation was enacted in 1986 with the objective to safeguard and enhance the environment. The term “environment” refers to the land, water, and air as well as the relationships that these elements have with each other, with humans, other living things, plants, microorganisms, and property.”[10]

• “The National Forest Policy, 1988

Strives to maintain ecological balance and environmental stability for the survival of all living forms, including humans, animals, and plants.”[11]

• “The National Agricultural Policy, 2000

The objective of this legislation is to produce a growth rate over 4% annually, having systematic utilization of resources in the agricultural sector.”[12]

• “The National Environmental Policy, 2006:

This legislation highlights the contemporary environmental concerns required to be resolved for sustainable environmental development. It emphasizes environmental conservation imperative for social and economic growth as together.”[13]

• National Policy for Farmers, 2007:

The legislation deals with promoting the welfare of the farmers through regulations imperative to expanding agricultural productivity. In the same period that is during the year 2007, NRRA (National Area Rainfed Authority) was also instituted with the aim of development predominantly in rainfed areas.”[14]

India and the Conventions

In resilience with the COP and several International commitments, India too has implemented a mosaic of legislations such as the Water (Prevention and Control of Pollution) Act, the Air (Prevention and Control of Pollution) Act, and the Environment (Protection) Act safeguarding the already abysmal plight of the environment.

“A National Action Plan on Climate change is administered, strategizing in mitigating greenhouse gas emissions by highlighting on the utilization of sustainable forms of energy such as solar energy, wind energy, or hydropower. India’s Nationally Determined Contribution (NDC) commitment as a signatory to the Paris Agreement seeks to achieve net zero carbon emissions by 2070 with 50 percent cumulative electric power installed capacity from non-fossil fuel-based energy resources by 2030.

The nation has accentuated to institute a 500GW capacity of non-fossil fuel by the year 2030. Also have come up with an act called the Energy Conservation (Amendment) Act, 2022 in pursuant to the Carbon Credits Trading Scheme where the companies achieving emission reduction targets will be awarded Carbon Credit Certificates. This sort of classification will fabricate a positive competition among these corporations eventually leading to attain the inclined targets.

The recently adopted G20 New Delhi Leaders’ Declaration: Green Development Pact at the G20 Summit, hosted by India, focuses on resource efficacy; implementing a clean, sustainable, just, affordable, and inclusive energy transition; and delivering on climate and sustainable finance. India is committed to securing environment protection and to mitigating and adapting to climate change and decarbonization while addressing its developmental goals and needs, applying shared differentiated responsibilities and bearing in mind climate justice, equity, and sustainable growth.” [15]

Conclusion

The time is not far beyond when we, humans will be suffering the harshest punishment for directly or indirectly contributing towards this so-called artificial pace of development at the stake of the environment by mother nature. We have exploited the commonly shared natural resources and property for individual gains and self-interests. Once what was a green land, is today a dead vlei? This all is the consequence of the self-centric approach “where it is estimated that 95% of the earth’s land could be degraded by 2050”, the process of desertification be 35% faster, and sooner or later, there will be no water to drink. Various conventions and treaties have been made to combat the depriving nature but nothing can be achieved unless or until we humans initiate independently and make foremost steps keeping aside the self-centric developmental approach and save our mother nature as a priority.

Author: DHRUV VASHISHT, 2^nd Year BA.LLB Student at National Law University and Judicial Academy, Assam (NLUJAA), in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at  Khurana & Khurana, Advocates and IP Attorney.

References

• “Doll, J.E. and Baranski, M. (2011) Greenhouse gas basics. Available at: https://www.canr.msu.edu/uploads/resources/pdfs/greenhouse_gas_basics_(e3148).pdf (Accessed: 08 September 2024).”
• “Jain, A. et al. (2024) A general introduction to environment and climate change law in India, Lexology. Available at: https://www.lexology.com/library/detail.aspx?g=78e08511-251b-48ac-9f3f-4cbad96362eb#:~:text=In%20sync%20with%20our%20international,1986%20(the%20Environment%20Act) (Accessed: 09 September 2024).”””””
• “MIGRANTS AND MIGRATION POLICY IN THE CONTEXT OF THE ADVERSE EFFECTS OF CLIMATE CHANGE AND ENVIRONMENTAL DEGRADATION. Available at:
• “National Agriculture Policy. Available at: https://www.agriculture.go.ug/wp-content/uploads/2023/01/National-Agriculture-Policy.pdf (Accessed: 08 September 2024).”
• “National Policy for Farmers, 2007, Acts of Parliament, 2007 (India).””
• ”” Patel, R. (2021) ‘Desertification: Description, Causes and Impacts ’, Journal of Research in Humanities and Social Science , 9(7), pp. 45–48. doi:https://www.questjournals.org/jrhss/papers/vol9-issue7/Ser-3/G09074548.pdf..” ’’”
• “Summary of global climate action at cop 28. Available at: https://unfccc.int/sites/default/files/resource/Summary_GCA_COP28.pdf (Accessed: 04 June 2024)”

(9.) “The Environment Protection Act, 1986, No. 86, Acts of Parliament, 1986 (India)”

(10.) “The Forest Conservation Act, 1980, No. 69, Acts of Parliament, 1980 (India).

(11.)” The National Environmental Policy, 2006, Acts of Parliament, 2006 (India).

(12.)The National Forest Policy, 1988, No. 3, Acts of Parliament, 1988 (India).”

(13.) The Official Website of Ministry of Environment, Forest and Climate Change, Government of India. Available at: https://moef.gov.in/moef/ (Accessed: 04 June 2024)

(14.) Tyagi, S., Garg, N. and Paudel, R. (2014) ‘Environmental degradation: Causes and              consequences’, European Researcher, 81(8–2), p. 1491. doi:10.13187/er.2014.81.1491.’

(15.) Unfccc.int. Available at: https://unfccc.int/cop28/5-key-takeaways#:~:text=COP%2028%20resulted%20in%20unprecedented,interlinked%20environmental%20issues%20facing%20humanity (Accessed: 09 September 2024).

[1]“Environmental degradation. Available at: https://www.eionet.europa.eu/gemet/en/cencept/15154 (Accessed: 09 September 2024).”

[2]“Patel, R. (2021) ‘Desertification: Description, Causes and Impacts ’, Journal of Research in Humanities and Social Science , 9(7), pp. 45–48. doi:https://www.questjournals.org/jrhss/papers/vol9-issue7/Ser-3/G09074548.pdf..” ’’”

[3]“Doll, J.E. and Baranski, M. (2011) Greenhouse gas basics. Available at: https://www.canr.msu.edu/uploads/resources/pdfs/greenhouse_gas_basics_(e3148).pdf (Accessed: 08 September 2024).”

“[4] MIGRANTS AND MIGRATION POLICY IN THE CONTEXT OF THE ADVERSE EFFECTS OF CLIMATE CHANGE AND ENVIRONMENTAL DEGRADATION. Available at: https://www.eionet.europa.eu/gemet/en/concept/15154 (Accessed: 09 September 2024).””

“[5] Unfccc.int. Available at: https://unfccc.int/cop28/5-key-takeaways#:~:text=COP%2028%20resulted%20in%20unprecedented,interlinked%20environmental%20issues%20facing%20humanity (Accessed: 09 September 2024).

[6]‘Tyagi, S., Garg, N. and Paudel, R. (2014) ‘Environmental degradation: Causes and consequences’, European Researcher, 81(8–2), p. 1491. doi:10.13187/er.2014.81.1491.’

[7]‘Summary of global climate action at cop 28. Available at: https://unfccc.int/sites/default/files/resource/Summary_GCA_COP28.pdf (Accessed: 04 June 2024).’”

“[8] ‘The Official Website of Ministry of Environment, Forest and Climate Change, Government of India. Available at: https://moef.gov.in/moef/ (Accessed: 04 June 2024).’

[9]‘The Forest Conservation Act, 1980, No. 69, Acts of Parliament, 1980 (India).

[10]‘The Environment Protection Act, 1986, No. 86, Acts of Parliament, 1986 (India).

[11] The National Forest Policy, 1988, No. 3, Acts of Parliament, 1988 (India).

[12] (National Agriculture Policy. Available at: https://www.agriculture.go.ug/wp-content/uploads/2023/01/National-Agriculture-Policy.pdf (Accessed: 08 September 2024)..”

“[13] The National Environmental Policy, 2006, Acts of Parliament, 2006 (India).

[14]‘National Policy for Farmers, 2007, Acts of Parliament, 2007 (India).”

“[15] Jain, A. et al. (2024) A general introduction to environment and climate change law in India, Lexology. Available at: https://www.lexology.com/library/detail.aspx?g=78e08511-251b-48ac-9f3f-4cbad96362eb#:~:text=In%20sync%20with%20our%20international,1986%20(the%20Environment%20Act) (Accessed: 09 September 2024).”