CLIMATE CHANGE AND INDIAN LAWS & COMMITMENT

INTRODUCTION:

Climate change is a major issue under environmental law. The term “climate change” is all over the internet, television, radio, and social media platforms like Twitter and Instagram. This word is generally confused with another term “global warming” but both of them are different concepts. Let us understand this by an analogy. Let us imagine Earth as a giant house and different countries as its different rooms. When all the rooms of this giant house start getting warmer, it is global warming whereas when different rooms face different types of climates at the same time, is called climate change. Thus, from here we infer that a change in weather conditions for a longer period (say for 30 to 50 years) is called climate change. In this article we will be discussing the causes behind climate change, how it will be impacting our future, solutions for saving the climate, laws and steps by government to save the climate.

CAUSES OF CLIMATE CHANGE:

Scientists have classified two main causes behind climate change – Natural Causes and Human Driven Causes. Before studying both of them in brief, knowing their background it’s very essential. According to scientists, before the 1750s people did not burn coal and fossil fuels and thus, only natural reasons affected the climate but there were two kicks from where human-driven causes started affecting. First, after the 1750s usage of fossil fuels like petrol and the burning of coal increased rapidly leading to cause change in the climate. Second, approximately about 1950s when cars were invented, they used petrol and gallons of diesel which when burnt caused harm to the climate.

1. Natural Causes:

• Volcanic Eruptions: Volcanic eruptions are one of the main causes of climate change. As we know volcanoes contain lava whose temperature may range from 700 degrees Celsius to 1200 degrees Celsius. These further produce ashes and hot air in the climate. These lead to long-term warming and an increase in carbon dioxide, methane (greenhouse gases) etc. For instance- Mount Pinatubo or El Chicon in the Philippines and Mount St. Helens in Washington State. These volcanoes emit a huge number of harmful gases like sulphur dioxide leading to an increase in temperature further affecting the climate.
• Movement of Tectonic Plates: As we know there are plates inside the Earth’s surface known as tectonic plates. These plates are always moving which is known as plate motion. These plates are generally of three types: Convergent, Divergent and Transform. Any plates that collide with each other cause some changes like– earthquakes, upliftment of mountains like the Himalayas etc and it is predicted over time it will cause a shift in climate changes as well like the transition from a greenhouse to an icehouse.
• Milankovitch cycles: Any change in the Earth’s axis or its orbit is known as the Milankovitch cycle. These are also major causes of climate change. Let’s take an instance if there is a tilt in Earth’s orbit then there will be a change in areas receiving heat or rainfall which will further lead to a change in temperature. It also leads to the melting of the glaciers.
• Fluctuations in Solar Radiation: as we know sun is one of the major sources of energy for Earth but the sun can be harmful to climate change at times of high and low solar activity. At times of high solar activity, Earth receives more heat whereas at times of low activity, the temperature might fall down. Thus, this leads to a fluctuation in the temperature of the Earth leading to climate change.

1. Human- Driven Causes:

• Residential and Commercial Buildings: What do residential buildings need? Electricity, natural gases for heating and cooling, appliances like air conditioners (AC), refrigerators etc. Most of these buildings consume half of global electricity contributing more to climate change. Demand for appliances like refrigerators is increasing day by day these release chlorofluorocarbons in the surroundings leading to the depletion of the ozone layer which allows more and more ultraviolet (UV) rays to enter the earth leading the climate to change.

• Transportation: Most of the transport is run by the use of fossil fuels like coal, types of diesels, and petrol and this releases almost 20% of greenhouse gases in the environment. Road transportation releases almost 74% of greenhouse gases, aviation produces 11%, water transport produces almost 11% and others 4%. Thus, it is one of the main causes of climate change.
• Deforestation: Cutting down of forests is known as deforestation. For the growth and development of countries we are largely cutting it down which leads to more emission of greenhouse gases around 20% and thus we are seeing results like forest fires etc.
• Manufacturing Industry: This is also one human-driven cause of climate change. Some sectors like steel, iron, cement, gadgets, and plastics rely on fossil fuels which re-releases methane as its by-product which is again a greenhouse gas that will affect the climate.

IMPACT OF CLIMATE CHANGE:

The impact of climate change has been classified into two types- Natural Impact and Social Impact.

1. Natural Impact:

• Rising temperature: As the emissions by greenhouse gases increase the temperature is also increasing. As a result of this, we have seen frequent heat waves, a rise in heat-related illness, the spreading of forest fires, melting of glaciers. This has a huge effect on India as well with +0.44 degree Celsius above the 1981-2010 average, making India the 5^th warmest country in the world.
• Change in Ocean Acidity Level: The Ocean observes most heat from global warming which leads to a rise in sea levels and an increase in acidity in the ocean which threatens the marine ecosystems. Reports say that the sea level has risen about 21 centimetres since the 19^th
• Loss of Biodiversity: Due to climate change extinction of species has increased 1000 times higher than before. Almost around one million species are at risk which is caused by extreme weather conditions. India’s coral reefs are also facing threats due to climate change is a classic example.
• Intensified storms and Drought: Due to climate change the frequency and severity of storms have increased. Warmer temperature leads to moisture resulting in floods and intense rainfall which further leads to hurricanes, cyclones and tropical storms. India has also experienced severe droughts due to climate change.

1. Social Impact:

• Food security threats: change in climate causes drought, flood and several other natural calamities as seen above. Thus, these extreme weather conditions lead to hunger and malnutrition. Sectors like fishing and agriculture are affected by the same. A World Bank Report has found that climate change has reduced rice yields by 6% in India.
• Health-related issues: Climate Change gives major health challenges including air pollution, water pollution, the spread of hazardous diseases and mental health challenges. According to a World Bank report, almost 13 million deaths are annually due to environmental reasons and it is assumed that child stunting will increase by 35% by 2050 due to climate change.
• Poverty and Immigration: Climate change increases poverty with natural calamities displacing millions of people and their livelihoods. On average 23.1 million people and displaced every year because of climate change. According to a report by “State of India’s Environment -2022” India is the 4^th worst-hit country in the world in terms of poverty and displacement.

INTERNATIONAL LAWS AND CONVENTIONS:

There are numerous laws and conventions prevailing since the 1950s to tackle the issue of climate change which is a global issue of this 21^st century across the globe. Some of them are:

1. UNFCCC: It stands for United Nations Framework Convention on Climate Change is an international treaty that aims to human interaction with climate change in any dangerous way. It was adopted at the Rio Earth Summit in 1992 at Rio De Janeiro with the European Union and 154 states being its signatory.
2. IPCC: The Intergovernmental Panel on Climate Change is an intergovernmental body of the United Nations established in 1998 by WMO (World Meteorological Organisation) & UNEP (United Nations Environment Programme) with the aim to study the human interaction and conducts that affect the climate change. Its Secretariat is in Geneva, Switzerland with a total number of 195 member states.
3. RIO EARTH SUMMIT, 1992: The Rio de Janeiro Conference or the United Nations Conference on Environment and Development also known as the Earth Summit was held from 3rd June to 14^th June 1992 in Rio de Janeiro. It aimed at strengthening individuals, building institutions and systematic capacities to enhance relationships and interaction between climate actions, biodiversity conservation and sustainable development.
4. KYOTO PROTOCOL, 1997: It was an international agreement to set targets to counter the release of greenhouse gases in the environment.
5. CANCUN CLIMATE CHANGE CONFERENCE, 2010: The Green Climate Fund was established at COP 16 to provide USD 100 billion annually from 2020 to assist developing nations in tackling the issue of climate change and deforestation. It was held in Cancun, Mexico under UNFCCC.
6. PARIS AGREEMENT, 2015: The Paris Climate Accord was signed in 2016 and is an international treaty on climate change that covers climate change mitigation, adaptation and finance. It was a negotiation of 196 nations at the United Nations Climate Change Conference in Paris, France in 2015.

INDIAN LAWS AND COMMITMENT FOR CLIMATE CHANGE:

Environmental law is a combination of various small statutes of the Government of India that aims to tackle the challenges of the environment, human health and the sustainable use of natural resources. All these laws are made to tackle the issue of Climate change as well. Some statutes of environmental laws in India include: 

1. Air (Prevention and Control of Pollution) Act, 1981: It is a law that aims to prevent, control, and reduce air pollution which was caused by industrialization, stubble burning, and other factors. The law defines air pollutants as any solid, liquid, or gaseous substance that can harm humans, animals, plants, property, or the environment. It also defines air pollution as the presence of dangerous pollutants that make the air unbreathable. It was amended in 1987 to include noise as a harmful substance. It establishes boards to carry out the law’s purposes.  The Air Act was enacted in response to a resolution passed at the United Nations General Assembly on Human Environment in Stockholm in 1972.
2. Environment Protection Act, 1986: An Act to provide for the protection and improvement of the environment and matters connected with environmental issues. The law was [passed under the guidance of the United Nations Conference on the Human Environment held in Stockholm in June 1972, in which India participated and is a signatory and aims to take appropriate steps for the protection and improvement of the human environment.
3. Wildlife (Protection) Act, 1972: The Wildlife Protection Act of 1972 aims to protect India’s wildlife, including plants, birds, and animals. 

The Act was enacted to: 

• Control poaching, smuggling, and illegal trade in wildlife,
• Protect endangered flora and fauna,
• Protect ecologically important protected areas, &
• Ensure the country’s environmental and ecological security.

The Ministry of the Environment, Forest and Climate Change looks into the matter of environment and climate change-related issues.

4. The Water (Prevention and Control of Pollution) Act, 1974: It aims to maintain and restore the quality of water in India by preventing and controlling water pollution. It prohibits the disposal of polluting matters in streams or wells over the standards set by the Board. It requires prior consent from the Board before establishing new outlets or discharging sewage or trade effluent. It includes the Water (Prevention and Control of Pollution) Cess Act, enacted in 1977. It directs for the collection of a cess on water consumed by certain industrial activities to fund the Boards. Any person who fails to comply with the Board’s orders may be punished with imprisonment, a fine, or both.
5. Forest Conservation Act, 1980: It was passed with the aim to protect India’s forests and balance the need for sustainable development with the conservation of forests. The Act regulates the use of forest land for non-forest purposes and the de-reservation of forests. It also lays down the prerequisites for diverting forest land for non-forest purposes. It provides for penalties for contravening its provisions. For example, contravening Section 2 of the Act can result in simple imprisonment for up to 15 days. 

NET ZERO TO TACKLE CLIMATE CHANGE:

It aims to tackle the issue of the amount of release of greenhouse gases released in the environment. India has promised to achieve the goal of net zero by 2070 at the Conference of Parties (COP 26).

The Panchamrita i.e. 5 pledges of India to reach net zero are as follows:

1. To achieve 500 Giga Watt of non-fossil energy capacity by 2030,
2. To fulfil 50% of energy requirement from renewable energy by 2030,
3. To reduce Carbon emissions by 1 billion tonnes by 2030,
4. Lower carbon intensity of the economy by 45% by 2030, &
5. To reach at the target of net zero carbon emission by 2070.

India’s 8 national missions to tackle the issue of climate change and achieve the target of net zero are as follows:

1. National Solar Mission
2. National Water Mission
3. National Mission for Enhanced Energy Efficiency
4. National Mission on Sustainable Habitat
5. National Mission for a Green India
6. National Mission for Sustainable Agriculture
7. National Mission on Strategic Knowledge on Climate Change
8. National Mission for Sustaining the Himalayan Ecosystem

CONCLUSION:

Climate Change requires a global combined effort to resolve it where all nations i.e. developed, developing and underdeveloped nations should work together on a single platform without getting biased towards any nations involved. India’s goal to achieve net zero emissions by 2070 is keeping in mind that it is a developing nation. By utilizing renewable energy and embracing technological innovation India can achieve its goals. It is setting a good example for other underdeveloped and developing nations to follow its path. Although, this success will only depend on policy support, international collaboration and investment in sustainable infrastructure. Balancing this economic growth with environmental responsibility is very essential for a sustained future.