Challenges in Climate Litigation in India: Analyzing the Legal Framework and Its Effects on Climate Action
摘要
As the adverse impacts of climate change continue to escalate, climate litigation has emerged as a crucial mechanism to hold governments and corporations accountable for environmental harm. In India, where the effects of climate change are increasingly visible, climate litigation holds potential as a transformative tool for enforcing environmental protections. However, the legal framework surrounding climate change in India is fragmented, resulting in significant challenges to the success of such litigation. This study critically assesses the obstacles hindering climate litigation in India, focusing on the limitations of the existing legal framework, the complexity of proving causation in climate-related cases, and the stringent rules of standing that limit access to justice. It also examines the influence of corporate lobbying, financial and temporal burdens, and the judiciary’s reliance on judicial activism to fill legislative gaps. Furthermore, the role of scientific evidence, awareness among legal practitioners, and public understanding of climate issues are explored as critical factors affecting the outcomes of climate cases. By analyzing climate-related cases in India, the study demonstrates how these challenges hinder the efficacy of climate litigation in driving systemic change. The findings suggest that while climate litigation in India has made some progress, there is a pressing need for comprehensive climate legislation, improved legal processes, and increased political commitment to address the growing climate crisis effectively.