Climate Justice As Human Rights: Comparative Legal Perspectives From India And International Environmental Law
- IJLLR Journal
- Jun 8
- 1 min read
Prashant Kumar Chauhan, Faculty of Law, University of Lucknow
ABSTRACT
Climate change has transformed from a purely environmental concern into a profound human rights issue affecting life, health, livelihood, equality, food security, water access, housing, and intergenerational justice. The increasing frequency of floods, droughts, heatwaves, displacement, and ecological degradation disproportionately impacts vulnerable communities, particularly in developing countries such as India. Against this backdrop, the concept of climate justice has emerged as a normative framework that integrates environmental protection with constitutionalism, human dignity, equity, and international human rights obligations. This article critically examines climate justice through the lens of human rights by comparatively analyzing the legal framework in India and the evolving principles of international environmental law. It explores the constitutional foundations of environmental rights under Articles 14, 19, 21, 32, and 48A of the Constitution of India alongside judicial innovations developed by the Supreme Court and the National Green Tribunal. The study further evaluates international legal instruments including the United Nations Framework Convention on Climate Change, Kyoto Protocol, Paris Agreement, Stockholm Declaration, Rio Declaration, and recent developments before the International Court of Justice and international tribunals. The article comparatively analyses landmark judicial decisions from India and foreign jurisdictions to understand how courts are increasingly recognizing climate protection as intrinsic to fundamental human rights. It argues that climate justice requires stronger legal accountability, equitable burden-sharing, recognition of climate vulnerabilities, and enforceable obligations on States and corporations. The article concludes by proposing legal and policy reforms necessary for strengthening climate-responsive human rights governance in India and globally.
Keywords: Climate Justice, Human Rights, Climate Litigation, Sustainable Development, Environmental Constitutionalism.
