Climate change and variability in the Ganga Basin in India : the role of the Supreme Court in legal and institutional change

Abstract

Climate change is one of the most serious global challenges of our time. It is not just a scientific issue but an economic, social, cultural, political and legal issue as well. The world community has taken many steps to reduce the emissions of greenhouse gases to mitigate climate change. However, they have failed to take the drastic measures needed to address it effectively. This failure of the international community to effectively address climate change has encouraged environmental activists and victims of climate change to take recourse to international as well as national legal systems to better address these issues. India is particularly vulnerable to the changing climate and its Himalayan-fed rivers, such as the Ganga River, will be seriously affected because of the melting glaciers and changes in rainfall patterns due to climate change. Moreover, climate change can cause a violation of the 'Right to Life' provided to the people of India by its Constitution. The Indian Supreme Court has liberally interpreted this right to include the right to a healthy environment and has taken an active interest in protecting the environment and related rights of the people of India. The Supreme Court could potentially play an important role in addressing climate change issues in India by applying the broad constitutional provisions and the rich environmental jurisprudence developed by it in landmark environmental cases. This thesis discusses the potential role the Indian Supreme Court could play in future in addressing climate change issues with a focus on the Ganga Basin in India.

Date of Award	2012
Original language	English