Sikkim High Court initiates suo motu case on climate disasters after Nepal floods

The Sikkim High Court has initiated a suo motu Public Interest Litigation (PIL) to examine the State's preparedness to deal with climate-related disasters in the region [In Re: Climatic Justice in the State of Sikkim vs State of Sikkim & ors].

Chief Justice A Muhamed Mustaque took judicial note of the issue of climate-related risks in the wake of the recent Nepal-Tibet floods.

In a note for initiating the suo motu proceedings, the Chief Justice said that floods, landslides and other climate-induced disasters are not unfamiliar to the State of Sikkim, which had experienced a devastating Glacial Lake Outburst Flood in 2023.

"The constitutional mandate to ensure justice does not permit the Court to remain indifferent until loss of life or displacement has already occurred. The responsibility of constitutional institutions must necessarily extend to the prevention of avoidable injustice," Justice Mustaque said.

The Chief Justice called for a shift from reactive disaster management to an anticipatory and participatory model of climate governance.

Today, a division bench of Chief Justice Mustaque and Justice Bhaskar Raj Pradhan issued a notice in the matter and listed it for consideration after two weeks.

The Court has appointed Senior Advocates Dr. Doma T Bhutia and T R Barfungpa, along with Supreme Court Advocate Sudhir Mishra, as Amici Curiae to assist in the proceedings.

To ensure a participatory approach, the Court will hear affected communities, scientific institutions, planners, and the younger generation whose futures are directly implicated by current policy choices.

In his note, Chief Justice Mustaque has underlined that climate disasters disproportionately burden vulnerable habitations and communities dependent on fragile mountain ecosystems.

"Such displacement raises questions not merely of disaster management, but of dignity, livelihood, habitation, continuity of community life and access to basic necessities," the Chief Justice said.

The Court will examine whether Sikkim possesses adequate institutional mechanisms to anticipate, mitigate, and respond to disasters.

Key areas highlighted for judicial review include:

• Early warning systems and disaster preparedness

• Land-use regulation, spatial planning, and slope management

• Drainage infrastructure and road engineering in geologically fragile belts

• Settlement planning and long-term rehabilitation policies