Why in the News?
Recently, the International Court of Justice (ICJ) delivered a landmark advisory opinion on July 23, 2025, clarifying the legal obligations of states regarding climate change.
Note: The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. While advisory opinions are not formally binding, they hold persuasive (Convince other) legal weight and reflect the Court’s authoritative interpretation of international law.
What does the ICJ say about saving nature and the climate?
- Nature is a climate actor, not just a victim: ICJ recognizes ecosystems like forests, oceans, and coral reefs as active parts of the climate system. Eg: Forests absorb CO₂ and regulate rainfall.
- Protecting nature is a legal climate duty: Countries have a responsibility to safeguard nature as part of their climate obligations. Eg: Wetlands must be preserved to manage floods and store carbon.
- Ecological literacy is essential: Decision-makers must understand ecosystem roles in climate regulation. Eg: Mangrove destruction worsens storm impact and carbon release.
- Biodiversity and climate are equal: Climate action must not come at the cost of biodiversity. Eg: Solar parks should not destroy grasslands or wildlife zones.
- Global justice includes nature’s rights: The ICJ promotes a shift from human-centred to eco-centred justice. Eg: Legal personhood to rivers (like Ganga) aligns with this approach.
How can India align the ICJ view with Articles 21 and 48A of the Constitution?
- Recognize environmental rights as part of Right to Life (Article 21): Link clean air, water, and a healthy ecosystem to the fundamental right to life. Eg: Supreme Court’s recognition of the right to a healthy environment in the Subhash Kumar case.
- Implement Directive Principle on environment (Article 48A): Strengthen policies to protect and improve forests, rivers, and biodiversity. Eg: Initiatives like Namami Gange align with this duty.
What are the roles of Tribals in India’s climate plans?
The roles of tribals in India’s climate plans are crucial because they are deeply connected with nature and are key to conservation and climate resilience.
- Traditional Ecological Knowledge: Tribals have deep understanding of local ecosystems, useful for conservation and climate adaptation. Eg: Bhil tribes, Madhya Pradesh – traditional water harvesting for drought resilience.
- Forest and Biodiversity Guardianship: Indigenous communities act as forest protectors and biodiversity custodians, aiding carbon sequestration. Eg: Dongria Kondh, Odisha – protect Niyamgiri Hills’ biodiversity.
- Sustainable Livelihood Practices: Tribes follow low-carbon, eco-friendly practices, supporting climate goals. Eg: Apatani tribe, Arunachal Pradesh – eco-friendly wet rice farming (growing rice in flooded fields).
- Community-Based Climate Adaptation: Local innovation enables faster climate resilience and resource management. Eg: Women in Kutch, Gujarat – build check dams for water security.
- Effective Implementation of Climate Schemes: Grassroots involvement improves policy success, ensures inclusive development. Eg: Van Dhan Yojana – empowers tribal collectives for sustainable forest use.
Which laws should India improve to better protect nature and fight climate change?
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Way forward:
- Empower Local Communities: Recognize and support tribal and grassroots climate efforts through legal rights, funding, and capacity building.
- Mainstream Climate in Policy Planning: Integrate climate adaptation and mitigation into urban planning, agriculture, and infrastructure development.
- Promote Green Finance and Innovation: Incentivize clean technologies, nature-based solutions, and public-private partnerships for sustainable development.
Mains PYQ:
[UPSC 2023] The most significant achievement of modern law in India in the constitutionalization of environmental problems by the Supreme Court. Discuss this statement with the help of relevant case laws.
Linkage: The article highlights that India’s Supreme Court has interpreted Article 21 (right to life) to include the right to a healthy environment, and the ICJ’s opinion internationalizes this idea, providing a strong basis for India’s legal framework to embrace a restorative vision.
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