In re Court on its own motion v. State of Himachal Pradesh

An Indian court ruled that because citizens have a right to a wholesome, clean, and decent environment, the government must take actions to reduce Black Carbon emissions, which play a role in accelerating the melting of glaciers in the Himalayas.

Background
In 2010, the National Green Tribunal was established in India for the purpose of overseeing cases related to the environment and conservation while taking away that burden from the other courts. The Tribunal has jurisdiction over all cases related to India's environmental protection statutes and can also create its own legislation and cases. In February of 2014, the Tribunal, in its own motion, ruled that Black Carbon is a major cause of the melting of the Himalayan glaciers. Black Carbon is mostly produced by vehicles and a study referenced by the court found that 40% of the glacier's melting could be attributed to Black Carbon. The court ruled that Indian citizens have the right to a wholesome, clean, and decent environment through Articles 48A, 51A, and 21 of the Constitution, which establish the duty of the state to protect the environment, the citizen to protect the environment, and life as a fundamental right, respectively.

Relevant Law and Principles

 * Indian Constitution
 * Article 21
 * Article 48A
 * Article 51A
 * National Green Tribunal Act

Status
The Tribunal ordered the government of Himachal Pradesh to enact aggressive measures to reduce pollution such as random pollution checks, restricting transport, and a reforestation program. A Monitoring Committee was established to make quarterly reports to the court.

Takeaways
This case was very important for India's developing environmental response. As the country with one of the highest emissions per capita, it's important to limit the country's impact and make changes to its practices. However, the order is only as good as its outcome and the amount of oversight the Monitoring Committee provides.

Links

 * National Green Tribunal
 * 02/03/2020, Shibani Ghosh, Litigating Climate Claims in India, analysis of environmental claims in India