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South Africa’s New Law on Climate Change
Context:
South Africa’s President Cyril Ramaphosa signed a law imposing mandatory emission reductions for large, fossil-fuel industries and requiring climate-adaptation plans from towns and villages to meet Paris Agreement commitments.
Significance of this law:
- Reduce its Coal Dependency: South Africa relies heavily on coal for electricity, making it one of the world’s top greenhouse gas emitters.
- Will help meet its NDC target:
- The updated NDC commits to 31% reduction and a fixed target for GHG emissions levels of 398-510 MtCO2e by 2025, and 350-420 MtCO2e by 2030.
- The NDC outlines an approach for a ‘just transition,’ — or the sustainable movement to jobs away from fossil-fuel dependent industries — to achieve targets, focusing on agriculture, forestry and other land use, energy, industrial processes and product use, and waste sectors.
- Will help meet its internal goal of reaching ‘net zero emissions’ by 2050 in its Low-Emission Development Strategy submitted in 2020.
Climate justice-related laws in India:
- India does not have comprehensive legislation on climate change.
- Private Member’s Bill: Priyanka Chaturvedi proposed the Council on Climate Change Bill in 2022 to establish a Prime Minister-chaired council for climate advice, but it hasn’t progressed significantly.
- Existing Acts: Climate change aspects are covered under various Acts like the Environmental Protection Act, Forest Conservation Act, Energy Conservation Act, and Water (Prevention and Control of Pollution) Act.
SC Judgements:
- The Supreme Court Ruling (April 2024) in the M K Ranjitsinh & Ors vs Union of India & Ors case addressed the protection of the critically endangered great Indian bustard (GIB) and lesser Florican, affected by overhead power lines and climate change.
- Previous Order: In 2021, the Court restricted overhead transmission lines in GIB habitats, mandated underground lines where feasible, and required bird diverters for existing lines.
- Recent Judgement: The Court modified the earlier order, citing impracticalities in converting all power lines underground due to Technical and safety challenges,High costs,Environmental and land acquisition issues, and the Necessity to harness renewable energy.
- Balancing Act: The Court acknowledged the need to balance conservation efforts with India’s climate commitments under the UNFCCC and Paris Agreement.
- In MC Mehta vs Kamal Nath (2000), the Supreme Court of India held that any disturbance to fundamental environmental elements—air, water, and soil—affects the right to life under Article 21 of the Constitution.
- The Court recognised that the right to life includes the right to a healthy environment, which encompasses pollution-free water and air, and the right to live in a pollution-free environment.
- Fundamental Right: The Court recognized the right to be free from the adverse effects of climate change under Articles 14 (Right to equality) and Article 21 (Right to life) of the Indian Constitution.
Constitutional Provision:
Way Forward:
- A High Level Committee was constituted in 2014 to review forest and environment related laws: The committee recommended establishing a National Environment Research Institute, creating a new Indian Environment Service as an All India Service, and encouraging specialisation within the Indian Forest Service to better manage environmental issues
- Enacting legislation and formulating policies to combat climate change are crucial for ensuring that citizens’ rights against climate impacts are effectively realised.
- The SC has also emphasised that climate change and human rights are closely connected. The Court underscored the need for states to address climate impacts through the lens of rights.
