Climate Crisis and Civil Rights: Interlinked in India

1. Introduction

In 2024, Delhi’s average PM2.5 (term used to describe the air pollutant category that has particulate matter) was among the highest globally[1]. Similar patterns persisted resulting in Delhi starting this new year with Air Quality Index (AQI) exceeding 500, placing conditions in hazardous range[2]. It is no secret that India is facing increasing threats from changing climatic conditions as a result of both natural and man-made factors. This is not just an environmental concern, but a subject embedded in human rights. The deprivation of a healthy atmosphere, and constant climate change directly affects millions of people and homes every year in the country.

According to the Office of the United Nations High Commissioner for Human Rights (OHCHR), states have an affirmative obligation to take measures that effectively provide their citizens with the capacity to withstand the impact of climate change, and human rights have the recognised legal protection that obliges duty-bearers to promote and fulfil all those needs[3]. India has adopted several national and international policies, but yet lacks a legal system focused solely on climate change.

This article scrutinizes the adverse effects of climate change that undermine civil rights, discusses the present legal framework concerning environment and climate in India, considers landmark case judgments, compares the Indian climate affairs to those of other countries, and understands the challenges to future developments. 

2. How does climate change undermine human rights?

Changes in climatic conditions result in several natural complications like excessive increase in temperature, rise is sea level, droughts in some regions while excessive precipitation in other regions. These, in turn, result in adversity that disrupts normal human functioning. These factors depart life from natural habitat, causing a stressful environment.

Damage and reduction in agricultural production from climate change lead to inaccessibility to food and a rise in the cost of living. Furthermore, it causes a financial burden for farmers that depend on the yield for their daily bread. The already scarce water availability becomes more severe. Change in natural habitat causes species stress, leading to change in the food chain, in turn resulting in struggle for food. The end result of the above situations and climate change in general causes a catastrophe. These natural and health consequences compromise common and political rights and financial, social, also, social rights, including the right to life, admittance to safe food and water, health, security, cover, and culture[4].

3. Present legal framework in India

Constitutional provisions

Article 21[5] states that no person shall be deprived of his life. The Supreme Court of India has overtime established “life” to also be interpreted in terms of healthy living and safe, pollution-free environment, as climate change directly affects livelihood, health, food and water security, and, in turn, the right to life.

Article 14[6] guarantees equality among the people. Climate change inordinately impacts people from the vulnerable parts of the country compared to other parts. This could be considered a breach of the right to equality.

Article 48A[7] imposes a responsibility on the state to safeguard and improve the environment.

Article 51A(g) urges citizens to protect and improve the natural environment.

These articles prove that every person in the country has a constitutional duty to protect the environment and help reduce the climate crisis. The problem arises when there is a gap between theoretical expression and genuine action. A survey done by Ipsos[8] classifies Indians among three segments based on their level of concern and actions. The largest group of Indians emerged as Busy Bystanders (41%), who held the view that climate change was over blown; they were too caught up in their daily life, and the environment came out to be a low-priority area. The 2^nd segment was of Disengaged Denialists (24%), believing the environment was not that big a concern and were less inclined to taking any environmental action. And the 3rd segment was of Activists (23%), with the belief that environment is at a critical stage and the world must act now. This proves that there is a concerning lack of both awareness and sense of responsibility among the people.

Legislative Framework

Despite a lack of strong and climate-specific legal framework, India has adopted several climate policies and statutes indirectly associated with the climate. A few to mention are:

Climate policies and Treaties

• The Paris agreement[9]
• International Solar Alliance (ISA)[10]
• National Action Plan on Climate Change (NAAPC)[11]

Legislature

• Environment (Protection) Act[12]
• Air (Prevention and Control of Pollution) Act[13]
• Energy conservation Act[14]

Judicial Framework

Landmark Cases

• In C. Mehta v. Union of India[15], the Supreme court introduced the principle of absolute liability for hazardous industries. This strengthened environmental accountability and provided a strong framework for future climate litigation.
• K. Ranjitsinh & Ors v. Union of Indi[16] is a landmark judgment that recognized that protection from harmful effects of climate change is linked with Constitutional articles 21[17] and 14[18]. The court held that climate affects life, equality, and development, making climate change a constitutional concern.

National Green Tribunal

It was established in 2010 to provide speedy and specialised judgements on disputes relating to the environment. The tribunal has been successful in giving successful judgements on matters of industrial pollution, mining, conservation of ecology, waste management, etc.

4. Global Perspective

USA

The United States has more climate change litigation than the rest of the world. In the US, according to Sabin Centre Database, the largest number of cases (163) were brought under the National Environment Policy Act (NEPA), the stature that requires environmental impact statements for federal actions that could have a significant impact on the environment and, in turn, human rights[19].

1. Pakistan

In 2015, a Pakistani court in the case of Leghari v. Federation of Pakistan[20] made history by accepting arguments that the government failures to address climate change adequately violated petitioner’s rights.

Netherlands

Unlike in the case of Pakistan, in Urgenda v. The state of Netherlands[21], the Hague high court did not find a violation of the petitioner’s rights but used rights as an interpretative tool in analysing the question of breach of duty of the Dutch government regarding climate.

5. Challenges

There are several factors that hinder climate change litigation in India:

Absence of comprehensive and focused climate laws.

Weak enforcement of environmental orders by the government.

Lack of cooperation by citizens.

1. Conflict between developmental priorities and environmental conservation.
2. Long judicial processes.
3. Inadequate facilities to adapt to climate change for vulnerable communities

       6. Future of Climate Litigation in India

Climate change litigation has been developing in India over the past few decades and is hoped to develop progressively in the upcoming years as environmental challenges intensify and legal awareness grows. Although India lacks a strong climate litigation framework, recent policy and judicial enforcement suggest development of legitimate acts of legislation to facilitate growth in areas including corporate responsibility, ethical use of AI, climate adaptation funding, protection of communities etc.

7. Conclusion

Climate Change Litigation has become an essential and indispensable aspect of governance law all over the world. The climate crisis argument is not just pertained to views of environmental care but has engrossed the topic of basic human rights protection. The number of cases relating to this have increased exponentially around the world. This trend can be observed in India as well, which is a major victim of the climate crisis. Indian courts have started recognising environmental rights and have built precedents and doctrines on the issue. However, Judicial intervention alone cannot help resolve the issue. India needs a focused and functional Climate Litigations Framework, stronger enforcement, accountability, higher citizen participation, stricter punishment, better livelihood management facilities and other policies to strengthen and protect the fundamental right to life.

Reference(S):

Primary Sources

Table of Legislation

1. Air (Prevention and Control of Pollution) Act 1981
2. Constitution of India
3. Energy Conservation Act 2001
4. Environment (Protection) Act 1986

Table of Cases

1. Asghar Leghari v Federation of Pakistan [2015] Lahore High Court 25501/2015
2. C. Mehta v. Union of India [1987] 1 SCR 819
3. K. Ranjitsinh & Ors v. Union of India [2024] INSC 280
4. Urgenda v. The state of Netherlands [2019] ECLI:NL:HR: 2019:2007, Supreme Court 

International Treaties

1. Framework Agreement on the International Solar Alliance(opened for signature 30 November 2015, entered into force 6 December 2017)
2. Paris Agreement(adopted 12 December 2015, entered into force 4 November 2016) 55 ILM 740

Secondary Sources

Books

1. Alogna, Bakker, Gauci (eds), Climate Change Litigation: Global Perspective (Brill, 2021) 33

Journal Articles

1. Avinash Ranjan, “Effect of Climate Change on Health: Human Rights & Social Justice” (2023) Indian Journal of Law and Legal Research V (2) 1
2. Laura Figueira, “A Case for the Human Rights Approach to Climate Change: IndiaClimate Change” (2024) 33 Denning LJ 221,224

Websites

1. ‘January 17, 2026: Delhi among top 10 most polluted cities in the world’ (IQAir,17 January ,2026) https://www.iqair.com/newsroom/delhi-among-top-10-most-polluted-cities-in-the-world-1-17-2026 accessed 4th August 2026
2. “92% Indian concerned about the environment; misplaced awareness emerged for impactful actions: Ipsos India sustainability segmentation survey 2024” (Ipsos, 6 February 2024) < https://www.ipsos.com/en-in/92-indians-concerned-about-environment-misplaced-awareness-emerged-impactful-actions-ipsos-india> accessed 4^th August 2026
3. Government of India, “Prime Minister’s Council on Climate Change, National Action Plan on Climate Change” (GOI, 2008) <https://cdn.climatepolicyradar.org/navigator/IND/2008/national-action-plan-on-climate-change_e519421f95914b49614d76d4d62f2456.pdf> accessed 4^th August 2026

[1] ‘January 17, 2026: Delhi among top 10 most polluted cities in the world’ (IQAir,17 January ,2026) https://www.iqair.com/newsroom/delhi-among-top-10-most-polluted-cities-in-the-world-1-17-2026 accessed 4th August 2026.

[2] Ibid.

[3] Laura Figueira, “A Case for the Human Rights Approach to Climate Change: India Climate Change” (2024) 33 Denning LJ 221,224.

[4] Avinash Ranjan, “Effect of Climate Change on Health: Human Rights & Social Justice” (2023) Indian Journal of Law and Legal Research V (2) 1.

[5] The Constitution of India (1950), art 21.

[6] The Constitution of India (1950), art 14.

[7] The Constitution of India (1950), art 48A.

[8] “92% Indian concerned about the environment; misplaced awareness emerged for impactful actions: Ipsos India sustainability segmentation survey 2024” (Ipsos, 6 February 2024) < https://www.ipsos.com/en-in/92-indians-concerned-about-environment-misplaced-awareness-emerged-impactful-actions-ipsos-india> accessed 4^th August 2026.

[9] Paris Agreement (adopted 12 December 2015, entered into force 4 November 2016) 55 ILM 740.

[10] Framework Agreement on the International Solar Alliance (opened for signature 30 November 2015, entered into force 6 December 2017).

[11] Government of India, “Prime Minister’s Council on Climate Change, National Action Plan on Climate Change” (GOI, 2008) <https://cdn.climatepolicyradar.org/navigator/IND/2008/national-action-plan-on-climate-change_e519421f95914b49614d76d4d62f2456.pdf> accessed 4^th August 2026.

[12] Environment (Protection) Act, 1986.

[13] Air (Prevention and Control of Pollution) Act, 1981.

[14] Energy Conservation Act, 2001.

[15] M.C. Mehta v. Union of India [1987] 1 SCR 819.

[16] M.K. Ranjitsinh & Ors v. Union of India [2024] INSC 280.

[17] Ibid 5.

[18] Ibid 6.

[19] Alogna, Bakker, Gauci (eds), Climate Change Litigation: Global Perspective (Brill, 2021) 33.

[20] Asghar Leghari v Federation of Pakistan [2015] Lahore High Court 25501/2015.

[21] Urgenda v. The state of Netherlands [2019] ECLI:NL:HR: 2019:2007, Supreme Court.