Action on climate change has been discussed on international platforms for several decades. In 1992, the Kyoto Protocol set defined emissions reduction targets for a limited number of countries, but there was no adherence to emissions targets and countries could easily withdraw from the agreement. In 2015, the Paris Agreement bound all countries to set targets for themselves. Withdrawing from the Paris Agreement is tougher, but it is nonetheless possible to withdraw, as evinced by the temporary departure of the United States. Neither instrument has an enforcement mechanism comparable to those found in national laws – there is no international police or emissions regulator, and international courts' jurisdiction is very limited.
At the national level, these targets are part of policies such as the National Solar Mission, or the Green India Mission, placed within the broader context of the National Action Plan on Climate Change. While policies and plans do advance an agenda, they have fundamental limitations. In and of itself, a policy does not make the government legally bound to meet the specific targets in the policy. The legally binding effect is achieved only through Acts of Parliament or state legislatures.
This report seeks to understand the kind of framework India requires for effective climate litigation. It seeks to analyse the idea of climate litigation, investigate climate litigation frameworks from around the world, and delve deeper into an analysis of existing national laws on environment, energy, and natural resources. After presenting a detailed review of existing literature on climate-related litigations and legislations, the report goes on to give readers the views of Indian experts on environmental law and climate/energy policy.This report suggests that a framework law on climate change in India will go a long way in mainstreaming climate change mitigation and adaptation and embedding the green economy's principles in our policies and plans.