Climate change will be irreversible soon; students must pursue environmental law: Justice KV Viswanathan

Damages due to climate change will become irreversible in the near future if they are not acted upon today, Supreme Court judge Justice KV Viswanathan said on Saturday..Therefore, students of law must consider pursuing environmental law so that experts in the field are available when the need arises."Damages due to climate change can be irreversible in the near future if not acted against. Students should pursue environmental law so when the time arises, the country does not fall short," he said.The Supreme Court judge was speaking as the Presiding Guest at the 4th Justice HR Khanna Memorial National Symposium organised by Confederation of Alumni for National Law Universities Foundation (CAN Foundation). The topic of his keynote address was the “Perspectives of Legal Dimension of Climate Change in the 21st Century”.The CAN Foundation organised the event virtually this year, in collaboration with the NALSAR University of Law, Hyderabad and the Dharmashastra National Law University, Jabalpur (DNLU)..In his address, the apex court judge highlighted the role of Supreme Court in combating climate change, specifically highlighting the recent judgment in MK Ranjitsinh & Ors. vs Union of India."I must tell you that our Supreme Court has taken a lead in recognising the right against the adverse effects of climate change. The Court speaking through CJI DY Chandrachud in MK Ranjitsinh had said that 'we have a right to be free from the adverse effects of climate change within the ambit of Article 14 and 21 of Constitution of India. We hold the said right as the right to be of the other side of same coin as right to clean environment'. The Court in Ranjit Singh had fashioned a new significant tool. We are now on threshold of new problems and we need new tools. The Court had move from the usual development vs environmental conundrum to adopt a holistic approach to ensure neither are compromised on," Justice Viswanathan said..He further highlighted a paper presented by Justice AK Sikri, former Supreme Court judge, at the 4th Round Table Conference in Durham, wherein he had referred to the Grantham Report on Climate Change and Environment.The report spoke about the increased climate change litigation and pointed out that more than 1,000 climate related cases were filed in 2015 in comparison to over 800 cases filed between 1986 and 2014. Citing these statistics, Justice Viswanathan emphasised as to how climate change litigation was earlier considered unsuccessful but that trend was now slowly changing."As per the Grantham Report (referred by Justice Sikri in his paper), in nearly 370 decided cases, outcome favored climate change action in around 58 per cent, it was unafavorable for around 32 per cent and (there was) no clear impact in 10 per cent. Have courts internationally vested any positive obligation on the State enforceable under Paris Agreement etc? Our Courts have already laid the foundation by saying that there is right to a safe environment away from the adverse effects of climate change," Justice Viswanathan stated..Justice Viswanathan also touched upon Justice HR Khanna's role as a source of perpetual inspiration to judges across generations.To describe the stature of Justice Khanna, Justice Viswanathan quoted Khushwant Singh, who said that he (Justice Khanna) was so clean that he made angels look dishevelled and dirty."At the very outset let me congratulate the organisers and CAN foundation for this symposium. What is significant is that it is in memory of a highly respected judge of the Supreme Court whose life portrait adorns courtroom 2 as an inspiration," Justice Viswanathan said remembering Justice Khanna..On a parting note, Justice Viswanathan said that Indian citizens have a responsibility to ensure that the damages to the environment due to climate change is acted upon as early as possible instead of leaving it for future generations..Senior Advocate Madhavi Divan was a special guest at the session..In her address, Divan emphasised that climate change is no longer a mirage but a reality. Divan recounted the ongoing summer season to highlight the issue of climate change and global warming."A couple of days ago, I was driving from Himachal Pradesh when I noticed that there were many trees that were scorched, some maybe because of forest fire which is also because of climate change and of course some just wilted because of excessive heat. These are hilly states, the situation was much worse in Delhi. We heard that temperature in Delhi went over 52 degrees," Divan said..Senior Advocate V Giri, who also was a Special Guest for the session, highlighted how the Supreme Court in a multitude of decisions, has looked at the issue of climate change as a rights based issue..Giri said that it is now the responsibility of each and every citizen to ensure that this issue is addressed and acted upon by each one of us."Supreme Court has looked at it as a rights based issue. We as citizens have to move court to ensure action keeps being taken. Not only for fundamental rights violation but also any state policy that may be detrimental so that it can be tailored appropriately," Giri said.He highlighted the Paris Agreement and Kyoto Protocol to emphasise on the principle of inter-generational equity and argued that the steps we take today towards addressing the issue will directly impact the future generations..The event was telecast live on the official YouTube channel of the CAN Foundation and can be accessed as below.Session I - Pre-Lunch Session - Click hereSession II - 2:30 P.M. onwards - Click here.[Follow our live-coverage of the second session]