Published On: 14th January, 2025
Authored By: Suryansh Tripathi
Chhatrapati Shahu ji Maharaj University
Climate change has become a pressing global issue that requires comprehensive legal frameworks and policies to address its far-reaching impacts. At both global and national levels, efforts are being made to combat climate change through legislation and regulations aimed at reducing greenhouse gas emissions, promoting renewable energy, and adapting to the changing climate. The recent increase in the pollution level of many cities across different parts of the globe is very stressful. Delhi, being one of the most polluted cities of the world is raising concerns as moving out across the streets of Delhi is like consuming about 50 cigarettes. The problem of pollution is a decade-old problem for example The Taj Mahal of Agra turned yellow from white due to acid rain.
As the threat of climate change looms larger, governments around the world have taken steps to implement laws and policies to mitigate its effects. The Paris Agreement, which was signed by almost 200 nations and committed to keeping global warming well below 2 degrees Celsius, is notable on a worldwide scale. The accord lays out a structure for nations to submit periodic reports on their emissions and advancements made toward their objectives.
The Paris Treaty- Explained:
The Agreement is a legally binding international treaty. It entered into force on 4 November 2016. Today, 195 Parties (194 States plus the European Union) have joined the Paris Agreement.
A pathway for developed nations to support developing nations in their efforts to mitigate and adapt to climate change, as well as a framework for transparent monitoring and reporting of countries’ climate goals, are all part of the Agreement, which calls on nations to strengthen their commitments over time and includes commitments from all countries to reduce their emissions and work together to adapt to the impacts of climate change.
It is an agreement made by the United Nations Framework Convention on Climate Change (UNFCC). The agreement was signed during the Conference of the Parties -21(2015), also known as COP-21.
UNFCC- it is a multilateral environmental agreement drafted on 9 May 1992. It came into effect on 21 March 1994. The UNFCCC’s work currently focuses on implementing the Paris Agreement. This agreement entered into force in 2016.[5][6] It aims to limit the rise in global temperature to well below 2 °C (3.6 °F) above levels before the Industrial Revolution and even aims to hold it at 1.5 °C (2.7 °F). The Paris Agreement superseded the UNFCCC’s Kyoto Protocol which had been signed in 1997 and ran from 2005 to 2020.
The Kyoto Protocol operationalizes the United Nations Framework Convention on Climate Change by committing industrialized countries and economies in transition to limit and reduce greenhouse gas (GHG) emissions in accordance with agreed individual targets.
Countries and their efforts towards climate change: Some important Laws and Policies:
United States of America-
US Clean Power Plan- The Clean Power Plan was a policy implemented by the Obama administration in the United States in 2015 to limit carbon pollution from power plants, aiming to reduce greenhouse gas emissions and combat climate change. It set individual state targets for reducing carbon emissions from existing power plants and encouraged the use of renewable energy sources. The Clean Power Plan was aimed at reducing carbon emissions from the power sector, the largest source of greenhouse gas emissions in the United States. It sought to promote the transition to cleaner sources of energy like wind and solar power, while also improving energy efficiency in existing power plants. However, this plan was replaced by the Affordable Clean Energy Rule under the Trump administration in 2019.
US Fuel Efficiency Standards: Fuel efficiency standards, also known as Corporate Average Fuel Economy (CAFE) standards in the United States, are regulations that designate the average fuel economy a car manufacturer’s fleet must achieve. These standards are set by government agencies to improve fuel efficiency and reduce greenhouse gas emissions from vehicles.
The main goal of fuel efficiency standards is to reduce fuel consumption and promote the use of more environmentally friendly vehicles. Car manufacturers must ensure that the average fuel economy of all the vehicles they sell meets the specified standards. Failure to comply with these standards can result in fines or other penalties.
Governments set different fuel efficiency standards for different types of vehicles based on size, weight, and other factors. These standards are usually updated periodically to reflect advancements in technology and changes in environmental priorities.
Overall, fuel efficiency standards play a crucial role in promoting the production and adoption of more fuel-efficient vehicles, ultimately helping to reduce environmental impact and dependence on fossil fuels.
India-
Environment Protection Act 1986- India’s original constitution did not contain any provision or special laws for the environment, however, the fundamental duties that were added in the constitution prescribed the protection of the environment including forests, lakes, rivers, and wildlife as a duty of the citizens of the country. New directive principles of state policies were also added in the 42nd Amendment of the Constitution. Article 48A of the Indian Constitution is a directive principle that requires the state to protect and improve the environment and safeguard the country’s forests and wildlife. Article 48A is not legally enforceable, but it can become enforceable under Article 21 of the Constitution, which is the right to life. The Supreme Court has made observations about Article 48A in several cases, including:
MC Mehta vs Union of India- 1987 AIR 1086 – MC Mehta, a prominent lawyer by profession and an enthusiastic environmentalist by choice demanded that Shriram industries-which was a chemical factory producing various harmful chemicals, located in a congested place in Delhi, needed to close as it posed a hazardous risk to people’s life because of its location. – The court noted that these dangerous sectors aided in the advancement and economic growth of mankind. For instance, these generate chlorine, which aids in the treatment of water. People’s employment is also supported by these industries. In order to prevent these industries from endangering human life, the judges ultimately decided to move them to less populated locations.
The court suggested the government adopt a national policy for the location of such toxic plants. It should be thoroughly checked if the plants are causing any risk to the community. Let’s look at these important acts of the Indian parliament made for the sake of making healthy climatic conditions in India-
The Forest Conservation Act of 1980 – It was enacted in response to the increasing deforestation and degradation of forest lands in India. It serves as a regulatory mechanism to balance the developmental needs of the country with the imperative of preserving its precious forest resources. The law stipulates that any state government seeking to use forest land for non-forestry purposes must obtain prior approval from the central government. This ensures that forests are not wantonly destroyed and that proper reforestation measures are considered for any land diversion. The Act underscores the significance of sustainable forest management practices and the crucial role of forests in maintaining ecological balance and biodiversity.
The Water (Prevention and Control of Pollution) Act of 1974- The Water Act of 1974 plays a significant role in safeguarding water quality and addressing the adverse impacts of industrial, domestic, and agricultural activities on water bodies. This legislation empowers the Central and State Pollution Control Boards to set standards for effluent discharge, conduct surveys, and take necessary measures to prevent and control water pollution. By regulating activities that lead to water contamination, the Act aims to ensure sustainable water resources for ecological balance and human well-being. It also highlights the importance of public participation and cooperation in preserving the quality of water bodies across the country.
The Wildlife Protection Act of 2002- It is an Indian legislation aimed at protecting the country’s wildlife and biodiversity. It provides for the protection of endangered species, regulates trade in wildlife and their derivatives, and defines penalties for violations such as poaching and illegal trade. It also established protected areas like national parks and wildlife sanctuaries to conserve wildlife habitats. It prohibits the hunting of certain species and sets guidelines for captive breeding programs. The Act aims to promote conservation efforts, prevent wildlife exploitation, and ensure sustainable use of natural resources. Through its provisions, the Act plays a crucial role in safeguarding India’s diverse wildlife for future generations.
The National Green Tribunal Act 2010 -was enacted by the Indian Parliament in response to the increasing environmental challenges faced by the country. It aims to streamline the process of environmental decision-making and dispute resolution by providing a dedicated body with judicial powers. The NGT has the authority to hear cases related to the conservation of forests, protection of wildlife, prevention and control of pollution, and conservation of water bodies. Through its functioning, the NGT plays a crucial role in promoting sustainable development, ensuring environmental justice, and holding violators of environmental laws accountable.
The Council on Climate Change Act, 2021 of India provides a structured framework for coordinated action on climate change issues at the national level. It facilitates collaboration between various government entities and stakeholders to develop and implement robust climate change policies and initiatives. By establishing a central council dedicated to addressing climate challenges, the act ensures a cohesive and efficient approach towards mitigation, adaptation, and sustainable development goals. This legislation signifies India’s proactive stance on combating climate change and underscores the country’s commitment to environmental preservation and building resilience against the impacts of a changing climate.
The Energy Conservation (Amendment) Bill, 2022 aims to introduce stricter measures to enforce energy efficiency standards, mandate energy audits, and promote the adoption of energy-efficient technologies across industries, buildings, and appliances. By amending the existing Energy Conservation Act, the bill intends to better align India’s energy policies with sustainable development goals and reduce the country’s carbon footprint.
Conclusion-
Many developing and developed nations in the world have come forward for the contribution of better climatic conditions on the planet Earth and the steps taken have shown great results in recovering Earth’s natural habitat. The reduction in greenhouse gases and industrial waste has helped the planet to recover its ozone layer. However, we have long miles to walk to achieve the desired results and completely make the Earth up to the snuff.
A healthy environment is what we all need, all the wealth, property, and materialistic things are nothing without a healthy and peaceful life. While living in the harmful and horrific conditions of the atmosphere, one lives under the uncertainty of death. Resuming daily life under such harmful conditions is very risky. However, it is not only the responsibility of the government, but we as individuals also need to pay heavy attention to prevent such conditions and shape Earth’s future in a positive way. Below are some beautiful lines that portray the mental and physical importance of a healthy habitat.
The stars twinkled in the night sky as a gentle breeze rustled the leaves of the trees. The moon cast a soft glow over the landscape, illuminating the path that stretched out before me. As I walked along, I couldn’t help but feel a sense of peace settle over me. The world seemed to slow down, and all my worries and cares melted away.
I paused for a moment to take in the beauty of the scene around me. The crickets chirped in the distance, their song adding to the symphony of nature. I could see the outline of the mountains in the distance, their majestic peaks reaching towards the sky. A sense of awe washed over me, reminding me of the grandeur and beauty of the world we live in.
As I continued my journey, I felt a sense of gratitude well up inside me. Gratitude for the simple pleasures of life, for the beauty that surrounded me, and for the opportunity to experience moments like this. I knew that in the hustle and bustle of everyday life, it was easy to forget to pause and appreciate the world around us. But at this moment, I made a promise to myself to take more time to soak in the beauty of the world and to be grateful for all the blessings in my life.
REFERENCES:
- https://indiankanoon.org/doc/1486949/
- The Forest Conservation Act of 1980- Wikipedia
- The Wildlife Protection Act of 2002- Wikipedia
- The Water Act of 1974- Wikipedia
- National Green Tribunal Act 2010- Wikipedia
- Environment Protection Act -1986 – Wikipedia
- https://unfccc.int/
- https://byjus.com/free-ias-prep/national-action-plan-on-climate-change/
- https://legislative.gov.in/constitution-of-india/
