India's "Fundamental" Right To Energy: Problems, Choices, And Strategies

Shubhani Choudhary, Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India

Amalendu Mishra, Assistant Professor, Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India

ABSTRACT

Access to energy is essential for addressing fundamental human needs, as its absence increases poverty and hampers a nation's economic progress. Universal access to dependable and superior energy is necessary due to the desire of individuals to have dignified lifestyles and the increasing need for energy by enterprises. India has seen a remarkable metamorphosis over the past three decades, transitioning from a sluggish agrarian economy to a thriving industrial behemoth. Insufficient energy infrastructure and national energy shortages have the potential to sustain national energy poverty in the given scenario. After examining the relationship between energy access and numerous international human rights treaties, such as India's fundamental rights, it becomes clear that energy access is a fundamental and generally recognized human right. However, there exist a multitude of technological and political barriers that impede the accessibility and effective utilization of energy. These barriers encompass a wide spectrum, spanning from traditional fossil fuel extraction methods to contemporary mining techniques, renewable energy sources, and the imperative of environmental conservation. Given the threat of climate change and environmental deterioration, it is crucial to generate more reliable energy sources while preserving the environment. This paper analyses India's energy sector's difficulties and the "right to access energy" within fundamental rights. This article will additionally examine the existing regulations and legislation governing India's energy sector, along with plans aimed at achieving efficient and all-encompassing energy governance. To eradicate poverty and advance economically and socially, energy is essential. To enhance the accessibility of energy, it is imperative to devise strategies for delivering dependable and cost-effective energy services that align with societal norms and environmental sustainability.