{"id":267165,"date":"2022-04-20T18:44:31","date_gmt":"2022-04-20T13:14:31","guid":{"rendered":"https:\/\/www.indialegallive.com\/?p=267165"},"modified":"2022-10-10T19:02:24","modified_gmt":"2022-10-10T13:32:24","slug":"centre-unfccc-climate-change","status":"publish","type":"post","link":"https:\/\/www.indialegallive.com\/constitutional-law-news\/courts-news\/centre-unfccc-climate-change\/","title":{"rendered":"Delhi High Court seeks status report from Centre on plea to ensure UNFCCC commitments are kept"},"content":{"rendered":"\n
The Delhi High Court<\/a> has sought a status report from the Union of India on a plea seeking for the setting up of an expert-led committee for ensuring compliance with commitments made by India at the United Nations Framework Convention on Climate Change (UNFCCC) in 2021 to reduce carbon footprint.<\/p>\n\n\n\n A bench headed by Acting Chief Justice Vipin Sanghi and Justice Navin Chawla issued notice and directed the respondents to file their reply within four weeks and list the matter for further hearing on July 27, 2022.<\/p>\n\n\n\n A Public Interest Litigation (PIL) has been filed by Rohit Madan through Advocate Akshay R.<\/p>\n\n\n\n According to the PIL, India had made certain commitments before the UNFCCC in 2021 to reduce carbon footprint. These targets include long-term, mid-term, and short-term targets. These pledges form part of and are in pursuance of the Paris Agreement to which India is also a signatory. The goal of the Paris Agreement is to reduce the rise in global average temperature to below 1.5 degree Celsius above pre-industrial levels. India’s commitments and targets are also in pursuance of the same.<\/p>\n\n\n\n Also Read: <\/strong>Supreme Court says law amended in 2016 cannot have retrospective effect on 2011 transaction<\/a><\/p>\n\n\n\n The said commitments are as follows:<\/p>\n\n\n\n \u2022 Reach 500GW non-fossil capacity by 2030;<\/p>\n\n\n\n \u2022 50\u00b0C energy requirements from renewable by 2030;<\/p>\n\n\n\n \u2022 Reduction of total projected carbon emissions by 1 billion tonnes j from now to 2030;<\/p>\n\n\n\n \u2022 Reduction of the carbon intensity of the economy by 45% by 2030, over 2005 levels; and<\/p>\n\n\n\n \u2022 Achieving the target of net zero emissions by 2070.<\/p>\n\n\n\n The petitioner submitted that the principle of comity of nations is enshrined in Art 51(c) of the Constitution of India i.e. fostering respect for international treaties. The Supreme Court in the case of Commr. of Customs, Sir vis GM Exports and ors. (2016) 1 SCC 91 interpreted Art 51(c) such that international treaties not contrary to domestic laws also are made applicable to India irrespective of whether India is a signatory or not. Further, the Supreme Court in Vellore Citizens’ Welfare Forum vs Union of India and ors (1996) 5 SCC 647 while dealing with Environment Protection Act 1986 held that principles accepted as customary international law should be accepted as a part of domestic laws. Applying the said ratio, Paris Agreement and its resultant commitments bind the Indian government.<\/p>\n\n\n\n Also Read: <\/strong>Allahabad High Court dismisses plea against FIR in dowry case with cost of Rs 1 lakh<\/a><\/p>\n\n\n\n Further, the commitments made also ensure a better environment that involves clean air, water, and other resources which form part of the fundamental rights of citizens under Article 21 of the Constitution as held by the Supreme Court in the case of Subash Kumar vis State of Bihar 1991 SCR (1) 5.<\/p>\n\n\n\n The petitioner further submitted that these commitments were made before a formal international forum of which India is a member and a signatory. These commitments involve a shift to renewable and green energy from current coal-based energy. All businesses in India will have to adjust to their practices, and make necessary changes anticipating the shift. Hence, the State is bound by the promises it made and must deliver on the same.<\/p>\n\n\n\n It is stated in the PIL that data of the past seven decades shows that the executive has been lackadaisical in adapting to this shift. Time and again, it has been proven that unless the Top Courts step in, there can be no scope for alleviating pollution and reducing carbon footprint at all stakeholders’ level including industries, railways, government, citizens, etc.<\/p>\n\n\n\n Also Read: <\/strong>Supreme Court appoints former SC judge AM Sapre to assist Unitech board<\/a><\/p>\n\n\n\n That the petitioner adverts to the following Grounds:-<\/p>\n\n\n\n A. BECAUSE the Indian Government has a duty to honour international commitments and accordingly bring Legislations as done with the Stockholm Conference and resultant Legislations and the World Summit on Sustainable Development.<\/p>\n\n\n\n B. BECAUSE India is a signatory to the Paris Agreement.<\/p>\n\n\n\n C. BECAUSE Art. 51 (c) of the Constitution Of India calls for the Indian State to foster respect for International law and treaty obligations.<\/p>\n\n\n\n D. BECAUSE the Supreme Court in the case of Commr.of Customs, Sir v\/s GM Exports and ors. (2016) 1 SCC 91 interpreted Art 51 (c) such that international treaties not contrary to, domestic laws also are made applicable to India irrespective of whether India is a signatory or not.<\/p>\n\n\n\n E. BECAUSE the Supreme Court in Vellore Citizens’ Welfare Forum vIs Union of India and ors (1996) 5 SCC 647 while dealing with Environment Protection Act 1986 held that principles accepted as customary international law should be accepted as a part of domestic laws.<\/p>\n\n\n\n F. BECAUSE the Paris Agreement is not detrimental to Indian law. On the contrary, it supplants and supports Indian environmental jurisprudence. Hence, applying the ratio of the aforementioned judgements, the Paris Agreement shall be binding on India.<\/p>\n\n\n\n