Abstract
The matters arising out of the issues relating to climate change are on the rise world-over, including India. The Indian Judiciary and Green Tribunal are encountering an increasing number of matters that are induced by climate change, such as melting of glaciers, displacement and migration due to climate change, addressing loss and damage caused by climate change etc. In the absence of a specific law on climate change, the adjudication of climate matters become uncertain and undetermined. In this context, this paper explores how the Indian courts are applying the principles of international law and the domestic environmental law on air pollution, water pollution etc. for deciding the climate change issues before them. It highlights various principles of environmental law that are being applied by the courts in fixing the liability for compensation; giving relief to the climate victims and for restoring the damaged environment. To meet the demand of climate justice, this paper argues for the enactment of a dedicated law on climate change.
Details
Presentation Type
Paper Presentation in a Themed Session
Theme
Technical, Political, and Social Responses
KEYWORDS
Indian Judiciary, National Green Tribunal, Climate change litigation, Climate justice
