India’s Response to International Law and Policy Framework on Global Warming and Ecological Sustainability
Dr. Pooja Sangwan
Assistant Professor, Department of Law, Maharaja Surajmal Institute, Janakpuri Delhi (GGSIPU).
ABSTRACT
In the past few decades, India has responded with various policy developments and regulations over the matter of global warming environmental protection and various initiatives launched for ecological sustainability in accordance with Sustainable Development Goals 2030. After the Stockholm conference, the major attention of the nation was on global environmental politics which was further regulated with various principles as a cornerstone for international environmental law and its development. In this research paper, the author has discussed some of the crucial aspects of the environmental justice system in India and how the preamble, directive principle of state policies, fundamental rights, other aspects of judicial activism, and major legal principles hold the key structure of our environment protection. The author has also observed some of the major international policy frameworks which were formulated for the protection and development of climate change along with India’s major significance upon climate change and the programs initiated for the sustainability of climate with special reference to the greenhouse effect and global warming. The author has also reviewed landmark cases that have played a vital role in developing international law and policy regulations for the protection and implementation of policies and regulations.
KEYWORDS
Climate Change, Sustainability, Ecological, Protection, International Law.
INTRODUCTION
The environment was earlier treated as a free entity and any individual or any organization was free to use the resources produced in the natural environment. However, the concept of ownership changed the procurement of natural resources as well as the utilization of the environment. Environmental governance and regulation emerged which was under the hands of the government of the respective nation. International bodies are also established to govern the usage and protection of the natural environment at the global level.
On the international front, the Stockholm Conference in 1972 was the first UNCHE conference to center its attention on the problem of global environmental politics. This conference formally launched global efforts to safeguard ecosystems and added it to the agenda of international law and policy. The core theme of the conference stipulated that sustainable development and environmental preservation are interwoven concepts. The Declaration contains 26 guiding principles that are regarded as the cornerstone of the current international environment. The right to a clean and healthy environment is promulgated as a basic human right.
UN Human Rights Council also reiterated to have a healthy and clean environment as a basic tenant of human right. This was established through the adoption of resolution 48/13 on 8th October 2021. This resolution is known to be the most effective and apt for the present condition in which we are living since every aspect of our lives is determined by the environment surrounding us, and a clean environment becomes a very crucial aspect of our lives. The UN General Assembly opined that accelerating decline of natural resources due to climate imbalances and unregulated human interventions are the most pressing issues threatening mankind. A clean and healthy atmosphere is essential for living a quality life. Only if someone has access to clean water to drink, fresh air to breathe, and other necessities will they be able to maintain their health. In light of this, it is crucial for a person to be surrounded by a clean environment in order to live a respectable and healthy life. Therefore, the right of the population to have access to viable ambience is a vital component of leading a respectable life, and its violation will be regarded as a breach of the fundamental right to life.
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