This article tries to examine what one of the most pivotal international frameworks on climate change has achieved in the last 5 years. United Nations Framework Convention on Climate Change (UNFCCC)f is the parent treaty of the Paris Agreement with 198 parties i.e., a universal membership. It also is the parent treaty of Kyoto protocol-a treaty on reduction in emissions.

The Paris Agreement signed in 2015 is a legally binding international treaty on climate change with the main aim of holding the global average temperature increase to well below 2° C above pre-industrial levels and pursue efforts to limit the temperature increase to 1.5° C above pre-industrial levels. There are Nationally Determined Contributions under the agreement which the countries submit and are reviewed. The Conference of Parties (COP) is the supreme decision-making body of the convention and all state parties i.e., countries are represented here; it meets on a yearly basis.

The COP 29 climate meeting in Baku concluded in November 2024 with a disappointing deal on climate finance. Developed nations agreed to mobilize a “new collective quantified goal” (NCQG) of only $300 billion per year for developing nations by 2035. This was criticized by developing countries as a “paltry sum” since it represents only a three-times increase over their current mandate of $100 billion and falls significantly short of the estimated $1 trillion, or even $1.3 trillion, that developing countries need to effectively address climate change. Some even viewed it as a “betrayal” and a continuation of the trend of developed countries “taking apart the climate system” over the years. The 2022 Adaptation Gap Report had noted that the international adaptation finance flows to developing countries are five to ten times below estimated needs and will need over US $300 Billion per year by 2030.

Outcomes of the Last Five COPs

The last five COPs have each sought to advance the goals of the Paris Agreement, but they have met with varying levels of success:

COP 25, Madrid

COP 25 in Madrid (2019) focused on finalizing the “Katowice Rulebook,” the guidelines for implementing the Paris Agreement. However, countries failed to reach a consensus on critical issues like the rules for international carbon markets (Article 6). Despite the setbacks, COP25 made some progress on other issues. For example, it strengthened the Warsaw International Mechanism for Loss and Damage by establishing the Santiago Network to offer technical assistance to vulnerable developing countries. It also adopted an enhanced gender action plan to promote gender-responsive climate action and climate finance.

COP 26, Glasgow

COP 26 in Glasgow (2021) was considered a pivotal moment for raising climate ambition and finalizing the Paris Rulebook. It achieved several notable outcomes, including the Glasgow Climate Pact, which called for countries to revisit and strengthen their emission reduction targets and accelerate the phase-down of unabated coal power and the phase-out of inefficient fossil fuel subsidies. COP26 also finally completed the Paris Rulebook, including agreement on Article 6. Another key focus was adaptation. The Glasgow Pact called for doubling the amount of finance to support developing countries in adapting to climate impacts. COP26 also saw the launch of several significant initiatives, including the Global Methane Pledge and a pledge by over 100 countries to halt and reverse deforestation by 2030.

COP 27, Sharm El-Sheikh

COP 27 in Sharm El-Sheikh (2022) was dubbed the “implementation COP”. There was some progress on mitigation, adaptation, and finance, but many issues remained unresolved. A major breakthrough was the agreement to establish a fund to address loss and damage caused by climate change in developing countries. This was a long-standing demand from vulnerable nations and was widely seen as a significant step towards climate justice. However, the final agreement lacked strong commitments on phasing out all fossil fuels, including oil and gas. It also included weak language regarding “transitioning away from fossil fuels” that was at odds with the official global stocktake. COP27 also saw developed countries fail to deliver on their $100 billion per year climate finance pledge, which was due to be met by 2020.

COP 28, Dubai

COP 28 in Dubai (2023) was the biggest COP yet and marked the conclusion of the first ‘global stocktake’ of the world’s collective progress towards achieving the goals of the Paris Agreement. The key outcome of COP 28 was an agreement signalling the “beginning of the end” of the fossil fuel era. This agreement called for a transition away from fossil fuels in a just and equitable manner. It also called for tripling renewable energy capacity globally by 2030 and doubling the average annual rate of energy efficiency improvements over the same period. However, much of the language surrounding these commitments remained vague and non-binding. COP28 also made progress on operationalizing the Loss and Damage fund established at COP27. This fund will support developing nations experiencing the worst effects of climate change, like severe flooding and prolonged drought. COP28 also saw unprecedented recognition of the need to link efforts to address climate change with nature conservation. By the time COP 28 ended, the commitments to the Loss and Damage Fund totalled to US$ 661 Million.

COP, Baku

COP 29 in Baku (2024) focused on finance and aimed to set a new climate finance goal to replace the $100 billion goal set in 2009. The meeting ended with developed nations agreeing to mobilize a new NCQG of $300 billion per year for developing nations by 2035. While this trebled the previous goal, it was widely criticized as being inadequate to address the needs of developing countries, especially given that previous goals were not met. It was also criticized for offering “false hope” to vulnerable communities and nations and essentially “abandoning” them.

Unresolved Issues

Several critical issues remain unaddressed or inadequately dealt with during recent COPs. The most prominent of these is the continued insufficiency of climate finance. The financial commitments agreed upon at COP29 fall far short of what developing countries need to mitigate emissions, adapt to climate impacts, and address loss and damage. This funding gap undermines trust and hinders progress, leaving vulnerable communities and nations struggling to cope with the effects of climate change. The lack of a clear roadmap for achieving the new finance goal also raises concerns about accountability and implementation. Another unresolved issue is the ambiguity surrounding the phasing out of fossil fuels. While COP28 saw an agreement to “transition away from fossil fuels”, much of the language surrounding this agreement is vague and non-binding. The lack of a firm commitment to a rapid and complete phase-out of all fossil fuels, including oil and gas, remains a major concern. Finally, adaptation measures have not received the same level of attention and financial support as mitigation efforts, even though developing countries are facing increasingly severe climate impacts. This imbalance needs to be addressed to ensure a more comprehensive and equitable approach to climate action.

Challenges faced by developing countries

Developing countries are disproportionately vulnerable to climate change impacts, even though they have contributed the least to global greenhouse gas emissions. This is largely due to their geographic locations and limited financial and technological resources, which often make it difficult for them to adapt to climate impacts. As a result, developing countries rely heavily on financial support from developed countries to achieve their climate goals. These challenges are further exacerbated by the historical inequity of climate change. Developed countries have historically emitted the vast majority of greenhouse gases, contributing to the current climate crisis. This historical responsibility creates an ethical obligation for developed countries to provide financial and technological support to developing countries.

Balancing the scales and avoiding a Climate Black Swan

A “Climate Black Swan” event refers to a catastrophic and unpredictable climate-related event with severe global consequences. To avoid such an event, the international community must take urgent and ambitious action. This requires going beyond incremental steps and embracing transformative changes in our energy systems, economies, and lifestyles. It is essential to recognize that climate change is a global issue that requires a collective and coordinated response, one that prioritizes equity, justice, and the needs of the most vulnerable.

To address the imbalance between developed and developing countries and to effectively combat climate change, several actions are crucial. First and foremost, developed countries must fulfill their existing climate finance commitments and significantly scale up their financial support to developing countries. This includes providing grants and concessional loans for mitigation, adaptation, and loss and damage. Technology transfer and capacity-building are also essential. Developed countries should facilitate the transfer of clean technologies and provide capacity-building support to developing countries, empowering them to implement their climate plans and transition to sustainable development pathways. To ensure a just and equitable transition, the shift to a low-carbon economy must also consider the needs of workers and communities dependent on fossil fuels. This includes providing retraining opportunities, creating green jobs, and ensuring a fair distribution of the benefits and costs of the transition. Finally, all countries, especially major emitters, must set ambitious emission reduction targets aligned with the 1.5 degrees Celsius goal. This requires a rapid phase-out of all fossil fuels and a swift transition to renewable energy sources.

(The author is part of the legal research team)

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The post From Madrid to Baku: A chronicle of inadequate climate action at UN Conferences appeared first on SabrangIndia.

Nehru says,

‘My desire to have a handful of my ashes thrown into the Ganga at Allahabad has no religious significance, so far as I am concerned. I have no religious sentiment in the matter. I have been attached to the Ganga and Januna [Jumna] Rivers in Allahabad ever since my childhood and, as I have grown older, this attachment has also grown. I have watched their varying moods as the seasons changed, and have often thought of the history and myth and tradition and song and story that have become attached to them through the long ages and become part of their flowing waters. The Ganga, especially, is the river of India, beloved by her people, round which are intertwined her racial memories, her hopes and fears, her songs of triumph, her victories and her defeats. She has been a symbol of India’s age‐long culture and civilizatiton, ever changing, ever flowing, and yet ever the same Ganga. She reminds me of the snow‐covered peaks and the deep valleys of the Himalayas, which I have loved so much, and of the rich and vast plains below, where my life and work have been cast’.

My cultural association with Ganga

I was born in a place which is the confluence of two small rivers, tributaries of the Ganga (Ganges), and from where river Kho, begins its journey which is a tributary of Ram Ganga river. The first time I saw Ganga at Muni-ki-Reti and Lakshman Jhula near Rishikesh was when I was just a seven year-old child. The first sight of the Ganga mesmerised me. Then I realised how the Ganga is part and parcel of life of people in Uttarakhand.

I was perplexed to see that movement to protect Ganga did not get any public sympathy in Uttarakhand. I did not understand why a state where the Ganga is so deeply rooted in our psyche remain untouched to the atrocities being committed on it in the name of ‘development’. Was there a disconnect between people and ‘intellectuals’ or ‘experts’ as usually happens everywhere? The result of this questioning is this journey. I have tried to cover every part, every confluence that Ganga had with its tributaries and distributaries.

The Ganga in the Himalayas

I started the journey in September 2021 trekking from Gangotri to Bhojwasa on the way to Gaumukh. I traversed on my path almost all the major rivers of Uttarakhand including Yamuna, Tons, Gauriganga, Kali-Sharda etc. Prior to that, I travelled to all the Prayags and the valleys of the beautiful Dhauli Ganga, Mandakini, Nandakini, Pinder, Alaknanda and Bhagirathi. That made this journey unique. It took nearly four years and this was truly not merely a journey touching some spots only to return but an attempt to understand the crisis faced by the Ganga and its tributaries.

From Gangotri till Bay of Bengal, I saw a massive civilizational crisis emerging. If that is not addressed, we will –all–be in deep trouble. Ganga is the largest river of India and its plain is the most fertile land where farmers have flourished and millions of people depending on water, gained life and livelihood. The bio diversity of the river Ganga remains unparalleled.

Chipko Movement

In Uttarakhand, the Ganga and its tributaries face threat from various hydropower projects because they snatch the beauty of the river, control its water and impact the rich bio-diversity of the river.

A travel to Niti Valley and Lata and Raini villages,  the epicenters of the Chipko movement, gave me the idea of what is wrong with those who romanticise a movement without understanding it’s nature. The Chipko movement was the cry of the native communities for their access to forest produce which they used to enjoy prior to the Indo-China war 1962 when people had access to the Tibetan market and vice versa. There was a huge market for domestic products, forest produce etc. A large number of villagers got dislocated and all the passes to Tibet were closed. The other side of the story is that government continued with the British policy of auctioning the forests. So every year, the Symonds company would obtain the forest produce, chop the trees mercilessly and take them out of the state. Gaura Devi and her Saathis protested against this in Raini and threw the contractors out. This was welcomed by all in Uttarakhand and the movement gained prominence. H.N Bahuguna, the chief minister, called some of the ‘activists’, mostly the Brahmanical elite, to Lucknow for a conversation. The auctioning to ‘privates’ was stopped by a new entity (boss) was created which was the ‘Uttar Pradesh Van Nigam’. This made the lives of the people even more miserable. While many people got name and fame internationally, the native (indigenous) people fighting had to resort to ‘Chheeno Jhapto’ movement to gain the access to forest. H N Bahuguna therefore emerged as the biggest villain of the piece who actually looked down upon this movement and tried to sabotage it.

The problem with the intellectuals and their devotees in the media is that they ignored that the essence of the movement that was essentially led by Adivasis-janjati people. The history of the Chipko movement is that of those people, the Bhutiyas and others but their issues and role were conspicuously obliterated from the popular discourse. The movement was superficially romanticised as a ‘protection of trees and ‘environment’. World over, it is the indigenous communities who are dependant on forests and it is they who nurture it. No community would ever nurture mountains and rivers without using the resources. This needs to be understood. That the relationship between native communities and nature is their interdependence; this issue was grossly ignored and underestimated by the environmental elite.

Ganga and its various tributaries shine through Uttarakhand. The confluences of different rivers are unparalleled and stunning. Sadly however this will all disappear once different barrages and dams that are proposed actually start functioning. There was a beautiful Sangam of Bhilangana with Bhagirathi at Tehri which is not visible now. There is a beautiful Sangam of river Gori with Kali at Joljibi in Pithoragarh. If the Pancheswar dams comes through, then some of these beautiful places and confluences will disappear. The Sangam of Rupin and Supin river at Netwar in Uttarakhand which start the journey of Tons is supremely beautiful but a dam near the confluence is bound to finish them off. Nobody can deny the importance of energy but we also need to think that the Himalayas and its rivers are not merely our ‘resource’ but also our heritage, our identity particularly for the people living in these regions. So, my simple point to the power elite is stop destroying our identity. A destruction of the Himalayas will bring unprecedented crisis to Gangetic plains in India and so, we must not do anything that escalates the crisis we already facing.

The crisis in the Gangetic plains of Uttar Pradesh

The Gangetic plains of Uttar Pradesh will suffer in future with acute desertification. The Ganga loses its shine once it enters Balawali, Bijnor district. Travel to this region and onward during the summer, and you will realise how the Ganga water has drastically reduced and agricultural land and green pastures have been converted into a desert. Already. Water at Garhmukteshwar remain merely for the rituals and the pollution is increasing exponentially. By the time, it reaches Kannauj and has its first confluence with Ramganga, you can walk through the river Ramganga. Reaching the confluence has been difficult because of changing embankment of the river. A local farmer told me at the confluence that it is not the ‘kheti (farming) but ‘reti’ (sand mining) which is rampant and ‘source’ of earning for even the farmers. This reflects the sad state of the crisis.

A few kilometers onwards, we are at historic place Bithoor which is now more known as a ‘religious’ place and to ensure that magnetism of religion. Suddenly, you really feel wonderful to see ‘water’ in the river. A couple of boats are visible and again we see the beauty of the river Ganga but our fear are confirmed. About seven kilometers from Bithoor is the Ganga Barrage on the Kanpur Unnao border. While there is enough water to quench your religious thirst at Bithoor, at Kanpur the river looks dry with huge sand beds on both banks. You won’t be able to recognise the river from the original embankments. Moreover, Kanpur which is called the Manchester of the East, is actually, contributing a huge quantity of ‘sewage’ water to Ganga making it look like the Sewage tributary of the Ganga. The river stinks on the ghats. It is very disturbing to see that ‘Ghats’ that have been constructed with money from the ‘Namami Gange’ project but no efforts are visible to improve the plight of the holy river. All it reflects that we want to worship the river from a nice built-up place of concrete but don’t really care about the existential crisis that the river is facing.

The patch between Allahabad and Varanasi via Vindhyanchal is beautiful and water less contaminated perhaps because of the Yamuna which is bigger in Allahabad and carries more water from Chambal in it which is definitely an unpolluted river. At Varanasi, however, we see the devastating pollution in the river. We are told that two ‘rivers’ flow into Ganga in Varanasi, the Assi Ganga and Varuna.  A visit to the ‘confluence’ of them only reveals the pathetic hypocrisy of those who call them ‘rivers. They have been turned into absolute sewage ‘rivers’, and further pollute the Ganga.

Ganga at Varanasi

At Varanasi the Mahaarti has been commercialised. It has become a ‘light and sound show’ with no real spiritual power which it used to emit once upon a time. Big moneyed people use the trawlers and cruise to watch the spectacle while the normal, common humans have to pay huge sum to watch it from the back. It was definitely a sad scenario.

Between Varanasi to the Gomti Ganga Sangam is again a pathetic sight. There is no water in the Gomti and it is much polluted river. There are lots of birds on the island zones in the Sangam. Ganga’s entry into Bihar is via Buxar and just a few kilometers before the city is Chausa, a historic town where Sher Shah Suri’s forces had defeated Humanyun. The so-called memorial is nothing but a ‘selfie park’. All memorial and historical places are carefully being converted into amusement parks everywhere and mythological characters are being re-created as historical figures and events. Again, the Karmnasha-Ganga confluence shows the terrible state of agriculture in the region. I was there during the deadly heat of June and the Karmnasha looked like a dry stream flowing into Ganga. Agricultural land showed sign of ‘cracks’ even when we would see numerous birds chirping near the confluence. Sewage continues to flow into the river in Buxar too.

Massive sand mining in Bihar

But the biggest challenge, I saw on our rivers was at a historic place called Chirand in Saran district where the Ghadhra and Son[1] rivers flow into the Ganga. The confluence zone has shifted a few kilometers again. From Revelganj to Chirand, on the National High way, a huge smoke of dust welcomes you apart from huge lane of big trucks used for carrying Sand. On the banks of river Ghaghara, which local call Saryu, you can see hundreds of cargo streamers used for carrying sand from the river. Any person who is not habitual of staying in these zones, would just collapse as breathing become impossible. The Red Sand from river Son is the most popular. It is also a fact that Sand mafia has political protection. It is time for sensitization of people as well as stricter environmental norms imposed otherwise this region too wait for a catastrophe. Similar conditions can be seen around Hariharpur Sonpur area where Ganga and Narayani Gandaki conflate. Sonepur was famous for the cattle fair but that is a thing of past now. It is merely a fair which is more as a recreational ‘time pass’ for the locals and others who visit the famous shrine at Hariharpur.

The river Ganga in Patna looks polluted. Patna itself is a polluted city. From there until Munger, we can see the Ganga splitting at various places and huge sandy river beds everywhere. The summer in these regions are extremely difficult with massive dust in the air. Most of the agricultural land is turning barren. Water level in the river is reducing drastically resulting in the extension of its breadth and creation of the sandy patches or islands in between. You can see huge bridges across Ganga but the river looks tiny. The only time it does look like a river is in the monsoon season. Mokama, Begusarai and Khagaria present an abysmal picture but the biggest shock was at Kosi Ganga Sangam which is difficult to reach due to the river bed turning sandy. To reach to the area is difficult. On a normal winter or summer day, the water at the confluence is extremely low and the river looks dirty too. Again, the breadth of the river increases. However, from Manihari in Katihar to Sahebganj, a trip on a cargo Ship is a worthwhile memory to stack away though it is difficult to cruise because of low water levels. But this will work till the bridge connecting Sahebganj and Manihari is completed.

Historical Rajmahal

However, the most fascinating part of the river Ganga (Ganges) in Bihar is in South Bihar. From Munger –which itself is a historical place—the old fort area is totally encroached upon and you will see no effort to preserve the historical architecture and buildings. The river from Munger to Bhagalpur and Kahalganon is phenomenal. It is a breathless treat to watch. It looks less polluted and is called ‘Uttar Vahini’ at Sultanganj where the historical Ajgaibinath temple is located. Bhagalpur is an extremely important location where enough evidence exits of our Buddhist, Adivasi and Jain past. There are historical places. The most beautiful region is Kahalgaon and Vikramshila. It has been reported that the entire area from Sultanganj to Kahalgaon, has been declared by the Bihar government as a ‘Dolphine Sanctury’. The fisherfolks are protesting against it as they lose their right to fishing. The Ganga Mukti Abhiyan started from this place fighting against the Zamindari on water and finally Lalu Prasad Yadav as chief minister of Bihar ended that cruel system imposed during the British period that looted the fisher communities of the region but the lives of the fish workers are not safe. Zamindari has gone but Rangdari has started. People still live in fear.

Sahebganj is the only Ganga district in Jharkhand. The Ganga here as a massive presence between Manihari to Sahebganj. There is an international port and a domestic one, possibly one that is under-utilised. The water level is still not that much which can ensure an easy passage. Secondly, the Ganga splits more in Jharkhand. Various streams split up and join again. The most important place of Ganga journey in Jharkhand is Raj Mahal, a very historical place, former capital of undivided Bengal under the Mughal King Akbar era. Raja Man Singh was made the Viceroy of Bengal and it is he who established Rajmahal as the capital of the state. It still has few landmarks like Jami Mosque, Baradari and many other places which still need deep care as they remind of our rich historical legacies.

Between Raj Mahal and Farakka, the Gumani river rising from the Raj Mahal hills ultimately merges with the Ganga and then moves towards Farakka. The link road between Rajmahal and Farakka is in extremely bad shape in the last 10 kilometers perhaps because it is the area of coal mining and thermal power plant. Again, the air is filled with dust and smoke most of the time in nearly 10 kilometers area. One can just imagine the lives of people during the summers here.

The one point on which the fisherfolk from three states, Uttar Pradesh, Bihar, Jharkhand unit is on the issue of Farakka Barrage. They want this barrage de-commissioned as it has damaged the fish diversity in the river above Farakka. Hilsa is not available to fisherfolk in UP, Bihar and Jharkhand. After Farakka, fisherfolk claim that they do manage to harvest the fish but due to the closure of gates at the barrage, Hilsa and other fish can’t move back. Many farmers too reflected that due to the existence of a barrage, a large part of land in Jharkhand and Bengal face flooding in monsoon. The impact of Monsoon floods is tremendous in Bihar and Bengal and governments have so far not been able to reach to any particular conclusion or solution so that human lives or agricultural land is not lost. Every year, the soil erosion has already engulfed thousands of acres of land and made people landless. It is time for a serious think over –and concerted response to–these issues and protect our communities, farmers, fish workers and others living nearby the river.

Ganga in Bengal: Rise of Bhagirathi

The journey of the mighty Ganges (Ganga) in Bengal is extremely important to understand the issue of climate change. The split in the rivers become the norm. Right from Nimtitta town, the Ganges becomes wider and splits into two parts. The river flows towards Bangladesh and is known as Padma there while the second part of the river again splits at Giria and is known as Bhagirathi which then travels to different districts from Murshidabad, Plassey, Nabadweep where again Jalangi meet it and the new river is now known as the Hooghly. The interesting part is that there are towns on both sides of the Hooghly. There is history. Nabadweep is the birth place of Chaitnya Mahaprabhu. After passing through many places the Hooghly ultimately flows into Bay of Bengal in the Sundarban region. The place where it merges into the sea is known as Ganga Sagar but Sagar Dweep itself has numerous issues of climate crisis. Many villages have disappeared and many might disappear in future as the water level of the sea is rising regularly.

To conclude, I would say, preserving Ganga is extremely important for the health of India as it emerges from Himalayas and finally flows into the Bay of Bengal near the Sundarban. Both the Himalayas and Sundarban are world heritage sites. The impact of climate change is acutely visible in both these places. The question is whether the so-called climate change is a natural process or a human-made disaster. The number of commercial activities in the Himalayas as well as in Sundarban are bound to impact all of us.

We need to think out of the box but certainly not to convert the entire issue of Ganga and climate change to one merely concerning ‘experts. It is time, we engage and involve the local communities, fishermen, farmers and other native communities who are inter-dependant on the river and its surroundings as without their active participation in any debate or decision-making processes, we won’t be able to achieve anything meaningful.

‘Save the Ganga’ slogan means protecting and preserving Himalayas and Sundarbans apart from all the big and small rivers and large riverine area that makes up the mighty Ganga.

(This is the text of the talk delivered at Jawahar Bhawan, New Delhi, on November 18, 2024, was organised by Rajiv Gandhi Institute for Contemporary Studies)

[1] Ghaghra and Son are the tributaries of river Ganga. Ghaghara is a 1080 km long river that originates from Mapchachungo Glacier in Tibet. It flows through Tibet, Nepal, and India where it joins river Ganga near Chhapra, Bihar.

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All those detained Mohammad Abdullah Gujjar (resident of Sigdi Bhata), Noor Din (resident of Kakerwagan), Ghulam Nabi Choppan (resident of Trungi – Dachhan), Mohammad Jaffer Sheikh (resident of Nattas, Dool), Mohammad Ramzan (resident of Dangduroo – Dachhan), trade union leaders from Kishtwar district and Rehamatullah from Doda District (J&K) were only raising pertinent issues regarding socio-environmental impacts of large projects as well as solid waste management.

Some of the key signatories from over 20+ states, include notable activists, academics, advocates like: Prof. Roop Rekha Verma, Rama Teltumbde, Soumya Dutta, Prof. Manoranjan Mohanty, Prof. Uma Chakravarti, Lalita Ramdas, Kavita Srivastava, Adv Indira Unninayar, Dr. Sandeep Pandey, Elina Horo, Mayalmit Lepcha, Himanshu Thakkar, Anuradha Bhasin, Sheikh Ghulam Rasool, Anmol Ohri, Mohd Ishak, Shamsul Islam, Arun Khote, Anand Patwardhan, John Dayal, Dunu Roy, Dr. Nandita Narrain, Raja Muzaffar Bhatt, Prafulla Samantara, Prof. Padmaja Shaw, Hasina Khan, Ashok Chowdhury, Yash Marwah, Cedric Prakash, Ruchit Asha Kamal, Adv Vinay Sreenivasa, Dr. Gabriele Dieterich, Manshi Asher, Kailash Meena, Suhas Kolhekar, Vidya Dinker, Madhuri, Bittu KR, Bhanu Tatak, AS Vasantha, Prasad Chacko, Adv Vertika, Meera Sanghamitra and many others.

The signatories came out in strong support of the activists stating, “socio-ecological justice activism and raising legitimate concerns should not be mislabeled as “anti-national.  Attempts to silence dissent by branding it as “anti-national” weaken the foundations of democratic governance and hinder constructive dialogue on pressing social issues”. Such actions of the State undermine people’s right to hold authorities accountable, the right to peaceful protest and community involvement in decision making processes.

It must be emphasised that popular opposition to hydro-power, mega infrastructure is not isolated to the region of Jammu & Kashmir, but is seen across the Himalayan states, given the enviro, socio-economic threats these projects pose to the region at large. Thus, clamping down on ecological movements in the region only hampers the much-needed struggle to combat climate crisis.

An appeal was made both to the newly formed government in Jammu & Kashmir and to the Union Government not to resort to high-handed interventions, as people on the ground voice legitimate concerns in a peaceful way. The signatories hoped that as the 29th United Nations Climate Change Conference at Baku (COP29) is underway, necessary attention would be paid to environmental defenders back home, safeguarding ecology at great risk.

Yesterday, November 12, The Wire had reported that one of those detained, a young activist from Doda, whose detention under the Public Safety Act (PSA) was quashed in 2016 by J&K high court, has again been booked under the controversial law, with his family and a member of J&K legislative assembly alleging that he was targeted by the authorities for his activism. Ironically, Rehamatullah’s detention under the same draconian law was quashed by the HC in 2017. His arrest comes soon after five trade union leaders of Chenab Valley were slapped with the PSA, allegedly for raising concerns over the increasing health risks and environmental degradation caused by the construction of power projects in the region.

This action comes days after five trade union leaders from the adjoining Kishtwar district of Chenab Valley were slapped with the PSA and taken into preventive custody, allegedly for raising concerns over the increasing health risks and environmental degradation caused by the construction of power projects in the region.

The controversial legislation, which has been dubbed as a “lawless law” by Amnesty International, has been widely used to silence political dissidents and government critics in Jammu and Kashmir by the Union government after the reading down of Article 370 in 2019, according to free speech activists.

Though the Union territory of Jammu and Kashmir now has an elected government, the police report to the Union ministry of home affairs via the lieutenant governor since the UT government’s limited mandate does not extend to law and order.

‘Sympathiser of militants’

In its latest action on November 9, Rehamatullah, 25, who lives in Dessa Bhatta of Doda, was booked under the PSA on charges of being an alleged “overground worker and sympathiser of militants” who posed a “threat to the security of the state”. The dossier (PSA 02 of 2024) also accused Rehamatullah of being “in continuous touch with ISI/PAK based settled militants”.

However, the five-page dossier, which has been prepared by the Senior Superintendent of Police (Doda) and approved by deputy commissioner Doda Harvinder Singh, does not refer to any formal anti-terror charges under which Rehamatullah has been booked in the past.

The dossier stated that the young activist has been booked in five FIRs (two of them for his speeches, one each for wrongful restraint, abduction and criminal trespass) and he has got bail from the courts in all the cases. It also referred to a Daily Dairy entry (No. 5 of August 2, 2024) against Rehamatullah at Doda police station.

The DD entry accused the young activist of purportedly using VPN for accessing the internet “so that his anti-national activities and his links across the border with PAK/POK based militant cannot be detected”.

“As evident from the above, it can be…concluded that the subject has maintained his links with the PAK/ POK based militants, which may have been used by foreign terrorists in killing defense forces personnel in multiple attacks in the district in the last 6 months. It is clear that the subject…has become a great threat to the security of the State,” the dossier noted.

Rehamatullah is the father of two minor children and the youngest among three siblings.

‘A big scam’

However, Doda MLA and Aam Aadmi Party (AAP) leader, Mehraj Malik sought to link the detention of Rehamatullah under the PSA with a video interview on November 6 in which the activist had accused the Doda deputy commissioner of failing to enforce the rules governing the disposal of solid waste in the town.

Against the backdrop of plumes of smoke rising from mounds of garbage, which he claimed had been set on fire by Doda town’s municipal authorities, Rehamatullah can be heard saying that the unscientific disposal of garbage was causing health issues for the residents. A Solid Waste Management Project was approved by the National Building Construction Corporation Limited in 2008 for Doda to collect garbage from 17 wards of the town and convert it into manure.

“The plant was supposed to minimise the negative impacts of solid waste on environment, quality of life and health. Why is the magistrate not taking suo moto cognisance? Why is the pollution control board and municipality silent? It is a big scam. Crore of rupees are being swindled. The government should look into it,” the activist had asked. In another video on September 16, Rehamatullah can be heard appealing the people to use their democratic right to vote to give a “befitting reply” to the “forces of tyranny” and “those targeting the identity” of Jammu and Kashmir, “I appeal people to throng the polling booths and give a befitting reply to the tyrants by raising the slogan of ‘Inquilab zindabad’,” he said.

Charges against five trade union leaders

The detention of Rehamatullah came days after five trade union leaders in the adjoining Kishtwar district were booked under the PSA amid growing concerns over the environmental degradation caused by the power projects in the district. The detention of the five leaders was condemned by the Peoples Democratic Party president Mehbooba Mufti, among others.

According to reports and several social media posts from journalists and activists in Chenab Valley, which comprises Doda, Kishtwar and Ramban districts, the five detainees had been flagging the issues of environmental degradation, poor compensation and health hazards triggered by pollution due to the ongoing construction of these power projects.

However, the administration has accused the five men of “anti-national activities” and “disturbing public order”. Doda-based journalist and editor of The Chenab Times, Anzer Ayoub said that the fact that the detainees were trade union leaders “is a gross abuse of power.”

The entire statement issued by academics and activists may be read below:

Stop Arbitrary Detentions and Intimidation of Social & Environmental Activists in Jammu & Kashmir

Save Ecology & Uphold Democratic Rights in J&K and entire Himalayan Region Release all detained activists immediately: Withdraw arbitrary cases

The National Alliance of People’s Movements (NAPM), along with other people’s organizations and concerned citizens from across India strongly condemns the arbitrary detention of social and environmental activists in Jammu & Kashmir under the Public Safety Act (PSA). Those detained under the provisions of J&K Public Safety Act, 1978, include Mohammad Abdullah Gujjar (resident of Sigdi Bhata), Noor Din (resident of Kakerwagan), Ghulam Nabi Choppan (resident of Trungi – Dachhan), Mohammad Jaffer Sheikh (resident of Nattas, Dool) and Mohammad Ramzan (resident of Dangduroo – Dachhan), trade union leaders from Kishtwar district.

The authorities claim that these persons were attempting to ‘obstruct projects of national importance’. However, according to local sources and social media posts of activists and journalists from the Chenab Valley, the detained activists were voicing several specific concerns about the hydropower projects including infrastructure-related impacts and damages, environmental violations, denial of compensation and rehabilitation etc. They also alleged that local houses and properties suffered severe damage due to project-related blasting and that construction work reportedly caused ‘structural integrity issues’ in nearby buildings. It is learnt that 22 other persons have been placed under state ‘surveillance’ and we fear that they may also be subject to arbitrary detention or arrests.

It has also been reported that another young climate activist Rehamatullah (25), from Dessa Bhatta of Doda (J&K), who has been vocal about environmental issues and was actively uncovering a solid waste management scam, has been detained under the Public Safety Act (PSA). His work exposed the alleged misuse of funds and negligence in managing local waste, affecting public health and the environment. These detentions have raised concerns among local communities and environmental organizations, who view it as a suppression of environmental activism and transparency efforts.

We are of the earnest view that the detention of these activists who have only been advocating for the protection of local ecosystems, people’s democratic rights and truly sustainable development, undermine the right to hold authorities accountable, the right to peaceful protest and community involvement in decision making processes. It also represents a troubling misuse of power and a suppression of fundamental rights, which should alarm every citizen who believes in democracy and justice.

The criminalization of activism in Jammu and Kashmir, exemplified by laws such as the Public Safety Act (PSA), has systematically suppressed local voices. We must unite in support of activists, including climate justice activists, and support their well-meaning advocacy efforts in J&K. It is imperative that the new government that has been voted to power in J&K with expectations that at least some democratic rights would be upheld, must live up to this popular mandate. Even as issues and subjects of federal rights are divided between the Centre and J&K, we expect the Lieutenant Governor and the Central Government to act responsibly and refrain from high-handed interventions, as people on the ground voice legitimate concerns in a peaceful way.

It must be emphasised that popular opposition to hydro-power and mega infrastructure is not isolated to the region of Jammu & Kashmir, but is seen across the Himalayan states, given the environmental and socio-economic threats these projects pose to the region at large. Thus, clamping down on ecological movements in the region only hampers the much-needed struggle to combat climate crisis.

NAPM strongly asserts that socio-ecological justice activism and the act of raising legitimate concerns should not be mis-labelled as “anti-national.” Attempts to silence dissent by branding it as “anti-national” weaken the foundations of democratic governance and hinder constructive dialogue on pressing social issues.

We call for the immediate and unconditional release all detainees and demand that the PSA, other charges against them be withdrawn. Activism and dissent are essential components of a healthy democracy, and they should be respected rather than criminalized. The authorities must instead impartially inquire into the allegations of corruption, ensure participatory socio- environmental impact assessments and prioritize ecological justice. As the 29^th United Nations Climate Change Conference kickstarts at Baku (COP29), we hope necessary attention would be paid to environmental defenders back home, safeguarding ecology at great risk.

List of Signatories 

The post 250+ activists from across India call for immediate release of Jammu and Kashmir’s environmental defenders appeared first on SabrangIndia.

Calling “detentions and intimidation” of social and environmental activists in J&K “arbitrary”,  NAPM sought in a statement the release of all detained activists immediately, withdrawal of arbitrary cases under Public Safety Act (PSA) against them, and stop criminalising activists.

National Alliance of People’s Movements (NAPM), along with other people’s organizations and concerned citizens from across India strongly condemns the arbitrary detention of social and environmental activists in Jammu & Kashmir under the Public Safety Act (PSA). Those detained under the provisions of J&K Public Safety Act, 1978, include Mohammad Abdullah Gujjar (resident of Sigdi Bhata), Noor Din (resident of Kakerwagan), Ghulam Nabi Choppan (resident of Trungi – Dachhan), Mohammad Jaffer Sheikh (resident of Nattas, Dool) and Mohammad Ramzan (resident of Dangduroo – Dachhan), trade union leaders from Kishtwar district.

The authorities claim that these persons were attempting to ‘obstruct projects of national importance’. However, according to local sources and social media posts of activists and journalists from the Chenab Valley, the detained activists were voicing several specific concerns about the hydropower projects including infrastructure-related impacts and damages, environmental violations, denial of compensation and rehabilitation etc. They also alleged that local houses and properties suffered severe damage due to project-related blasting and that construction work reportedly caused ‘structural integrity issues’ in nearby buildings. It is learnt that 22 other persons have bene placed under state ‘surveillance’ and we fear that they may also be subject to arbitrary detention.

It has also been reported that another young climate activist Rehamatullah (25), from Dessa Bhatta of Doda (J&K), who has been vocal about environmental issues and was actively uncovering a solid waste management scam, has been detained under the Public Safety Act (PSA). His work exposed the alleged misuse of funds and negligence in managing local waste, affecting public health and the environment. These detentions have raised concerns among local communities and environmental organizations, who view it as a suppression of environmental activism and transparency efforts.

We are of the earnest view that the detention of these activists who have only been advocating for the protection of local ecosystems, people’s democratic rights and truly sustainable development, undermine the right to hold authorities accountable, the right to peaceful protest and community involvement in decision making processes. It also represents a troubling misuse of power and a suppression of fundamental rights, which should alarm every citizen who believes in democracy and justice.

The criminalization of activism in Jammu and Kashmir, exemplified by laws such as the Public Safety Act (PSA), has systematically suppressed local voices. We must unite in support of activists, including climate justice activists, and support their well-meaning advocacy efforts in J&K. It is imperative that the new government that has been voted to power in J&K with expectations that at least some democratic rights would be upheld, must live up to this popular mandate. Even as issues and subjects of federal rights are divided between the Centre and J&K, we expect the Lieutenant Governor and the Central Government to act responsibly and refrain from high-handed interventions, as people on the ground voice legitimate concerns in a peaceful way.

NAPM strongly asserts that socio-ecological justice activism and the act of raising legitimate concerns should not be mislabeled as “anti-national.”  Attempts to silence dissent by branding it as “anti-national” weaken the foundations of democratic governance and hinder constructive dialogue on pressing social issues.

We call for the immediate and unconditional release all detainees and demand that the PSA charges against them be withdrawn. Activism and dissent are essential components of a healthy democracy, and they should be respected rather than criminalized. The authorities must instead impartially inquire into the allegations of corruption and ensure that ecological justice is prioritized. As the 29th United Nation Climate Change Conference kickstarts at Baku (COP29), we hope necessary attention would be paid to environmental defenders safeguarding ecology at great risk.

Courtesy: CounterView

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Earlier this year, 2024, the NGT had taken suo motu cognisance of a newspaper report that the Uttar Pradesh government was planning to cut 1,12,722 trees for the project across the three districts for the proposed route between Muradnagar in Ghaziabad and Purkaji in Muzaffarnagar. The court in August had formed the joint panel to look into the issue.

The tribunal has been hearing the case related to the alleged felling of trees and in an order dated November 6, a Principal Bench of the NGT — comprising Chairperson Justice Prakash Shrivastava, judicial member Arun Kumar Tyagi, and expert member A. Senthil Vel — noted that the joint committee had submitted its interim report.

“The interim report states that as per information furnished by the Irrigation Department, 17,607 trees have been cut in all three districts till August 9, 2024,” the order stated.

The order also stated that it has been pointed out that permission was initially granted to fell 1,12,722 trees, but now it has been decided to cut only 33,776 trees.

The NGT has directed the Uttar Pradesh government to clarify if the number of trees to be cut has been calculated strictly in accordance with the provisions of the U.P. Protection of Trees Act, 1976.

“The State will also clarify if the plants, trees, bushes, etc., being cut for the construction of the road and not counted in the 33,766 trees, fall within the definition of tree under the Act,” the order stated.

The UP government has also been ordered to file an affidavit from the Additional Chief Secretary of Environment detailing the exact number of trees that will be cut down during the construction of the Kanwar route under consideration. “The said number will be disclosed having due regard to the provisions of the U.P. Tree Protection Act, 1976,” the order added.

The NGT also said considering the seriousness of the issue relating to a public project, the joint committee is “expected to complete the exercise as directed expeditiously and submit its final report without any delay”.

Related:

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Supreme Court stays directive of state forcing food sellers along Kanwar Yatra to display names, states authorities cannot usurp power without legal foundation

Haridwar: Kanwar Yatra ends, leaves behind 30,000 metric tonnes of garbage

The post Faith v/s Environment: 17,600 trees felled in U.P. to pave way for proposed Kanwar Yatra route, fact-finding panel tells NGT  appeared first on SabrangIndia.

The Indian government weakened rules to curb pollution caused by its expanding coal industry after lobbying by top producers, even as it agreed internationally to phase down the use of coal, Climate Home has found.

India’s coal giants pushed back hard against environmental regulation meant to tighten up the disposal of fly ash – a byproduct of coal-fired power plants known to harm both humans and the environment if not managed properly.

Letters sent by coal companies to the Indian government, and accessed by Climate Home News through freedom of information requests to government agencies, reveal lobbying efforts to weaken federal rules between 2019 and 2023 by Coal India Limited (CIL), the world’s third-biggest coal mining company, and National Thermal Power Corporation(NTPC), one of the world’s top 10 coal-fired power companies. Top management at the state–run giants claimed that their organisations would not be able to fully comply with the regulations, which aimed to control fly ash disposal after decades of public health impacts for local communities. Even after the rules were approved, the companies continued efforts to weaken them, in some cases successfully.

The coal companies argued that financial constraints would keep them from meeting the new requirements to clean up waste accumulated over decades and prevent further ash pollution, according to the accessed documents.

In some cases, lobbying got results and regulations were eased, with the environment and power ministries drawing on arguments from both companies in official correspondence between government agencies.

In 2021, while the proposed fly ash mandates were under discussion within India, the country was negotiating the COP26 climate pact in Glasgow, which calls on governments to take action “towards the phase-down of unabated coal power”.

At those UN talks, India was widely reported to have rejected stronger language on a global shift away from coal, but it agreed to scale back unabated coal power, produced without technology to reduce its climate-heating emissions.

Despite this deal, coal infrastructure around the world has since grown, mostly driven by added coal mining and power capacity in India, China and Indonesia.

The Indian documents obtained by Climate Home reveal that the South Asian nation’s coal companies lobbied against regulations on fly ash pollution while expanding coal production at record speed.

In their correspondence with ministries, they said high fines for non-compliance with waste disposal rules were a risk to their financial sustainability and raised the prospect of coal-fired power plants being shut down, triggering a power crisis in the country.

Fly Ash Pollution

When thermal power plants burn coal for energy, the fly ash they generate as a byproduct is dumped in water-filled dam-like structures called dykes.

Old “legacy” dykes store ash from previous decades and are a major source of pollution for nearby communities, explained independent air pollution analyst Sunil Dahiya. Wet ash can leach into groundwater, while dry ash can blow away, causing air pollution and damaging crops.

Functioning disposal sites are also vulnerable to heavy rains, as they can overflow and pollute nearby settlements. This happened on at least three occasions between 2019 and 2021, according to a 2021 report by the NGO Fly Ash Watch Group.

To minimise the impacts of fly ash, companies can recycle it into products like bricks, cement sheets, panels and other construction materials – a process known as “utilisation”.

Sehr Raheja, climate change officer at the Indian think-tank Centre for Science and Environment (CSE), highlighted the need to utilise “legacy” ash given “the enormous quantity”, adding there are risks involved with it staying underground, such as water and soil pollution. As of 2019, the amount of accumulated unused ash in the country was about 1.65 bntonnes, according to a CSE report, with newer estimates suggesting even more, she said.

Controlling Pollution

Fly ash regulation – known officially as the Fly Ash Notification – has existed in India since 1999, but it was not until a 2021 update to the rules that fines were introduced for failing to comply with proper waste disposal, following the ‘polluter pays’ principle.

The regulation also imposed a mandate on thermal power plants to ensure 100% utilisation of accumulated old fly ash, as well as fresh ash produced by ongoing operations.

Documents accessed by Climate Home show that NTPC exchanged letters with government agencies asking for elimination of the mandate to clean up accumulated ash.

“It is proposed that the provisions for utilization of old legacy ash may be dropped,” reads a 2021 letter from NTPC to the Ministry of Environment, Forests and Climate Change.

The 2021 rules were nonetheless passed, and they did introduce strict fines for coal companies. However, they also included what experts called a “loophole”.

The fly ash regulation exempted power plants from having to find a use for their old legacy ash as long as the ponds where it was stored were considered “stabilised”, meaning they had been secured against leakage. But the technical specifications of how that should be done were not defined, leading to concerns that arbitrary exemptions could be granted.

Yet even after these revamped regulations came into force in late 2021, lobbying intensified.

Persistent Lobbying

In 2022, NTPC was still concerned by a deadline of 10 years to utilise all legacy ash accumulated over decades, according to a letter addressed to the environment ministry. This would force them to transfer large quantities of fly ash to end users like brick-making kilns or ceramic product makers — or pay fines.

NTPC met with regulators at the Ministry of Power and agreed an extension to the period for stabilising old ash dykes from one to three years.

In the case of “operational” ponds, officials were persuaded not to label them as legacy ash, exempting them for the requirement for full utilisation. These changes were included in a 2022 amendment to the rules.

Shripad Dharmadhikary, who leads a civil society research group Manthan Adhyayan Kendra and has worked on fly ash management, said the unclear definition of stabilisation and longer timeframe for doing it provide “a loophole for power plants to evade use or proper disposal of legacy ash”.

The lack of technical parameters meant government authorities could struggle to guarantee that no more leaks would occur even if they certified the ponds, he added.

“Threat” to coal finances

The powerful companies also managed to limit the level of fines for non-compliance in a prolonged effort that began in 2020, when the first draft proposal on the new fly ash rules was circulated among coal companies.

That included a fine of Rs 1500 per ton, which was cut to Rs 1000 in the final 2021 rules after NTPC and other coal companies opposed it and asked for it to be removed entirely.

Even after this, executives from both Coal India and NTPC expressed alarm about the financial implications of the fines.

In a February 2022 letter to the Ministry of Environment, for instance, NTPC’s then director of operations Ramesh Babu V. wrote that the company could end up paying Rs 76,000 crores ($9 billion) over a decade – an amount “significant enough to threaten financial viability of NTPC and country’s thermal sector alike”. He warned the penalties could make large power stations at mining pit heads commercially unviable, leading to a “power crisis”.

Similarly, in a 2023 letter, CIL chairman and managing director Pramod Agrawal estimated that the “financial penalty” on only one of its subsidiaries (NCL) for failure to comply with the regulations could cost the latter Rs 38,145 crores (at least $4 billion) for just the 2022- 2023 financial year.

Coal expansion

However, the threats the executives outlined to the companies’ bottom lines do not seem to have translated into lower capacity to mine coal and produce thermal power, with both ramped up drastically during and after discussions on the Fly Ash Notification.

Expansion efforts were redoubled especially after an unprecedented power crisis in late 2021, which was attributed to logistical issues causing a shortage of coal supply.

In a January 2024 conference call with investors, NTPC’s management said it was considering awarding thermal power capacity of 15.2 GW in the near future, on top of the 9.6 GW thermal capacity already under construction for the group.

CIL, in its latest annual report, announced plans to increase coal mining capacity to 1 billion tonnes by the financial year 2025-26.

A previous investigation by Climate Home News showed that European asset managers had invested substantially in both NTPC and CIL, helping India’s coal industry to expand rather than phase down in line with international commitments.

Air pollution expert Dahiya said that, while India has lower historical emissions than countries in the Global North and requires flexibility to meet its energy needs, as well as international support to move away from fossil fuels, that did not mean coal companies should be “free to pollute”.

Raheja, of the CSE, said better controls on pollution are also a matter of justice for those living near coal-fired power plants.

“The environmental regulations are critically important for maintaining the health of the environment and of communities residing near coal facilities – even of people far away – as pollution, both through air and water, can be carried to a distance,” Raheja told Climate Home News.

This article was first published on The AIDEM

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For instance, the case of Godavarman Thirumulpad vs. Union of India[1]– the order stopping non-forestry activity in forests to the case of Orissa Mining Corporation vs. Ministry of Environment and Forests[2] (as it was called then) that has often been deliberately mis-interpreted by the infamous Forest department officials to the more enlightened order declaring Gram Sabha as a body having a role in safeguarding customary and religious rights of the STs and other traditional forest dwellers, judiciary has been taking a sometimes conflicting, often proactive in taking a progressive view. At a time when the climate change crisis is showing its effects on the most marginalised sections- from heat waves to irregular rainfall-it becomes important to understand how one of the most important institutions of the country is viewing climate change, and its effects on people.

In Virender Gaur v. State of Haryana[3], the Supreme Court had recognised the right to a clean environment. And recently, a three-judge bench of the Supreme Court, led by Chief Justice, D.Y. Chandrachud, in the case of MK Ranjitsinh vs. Union of India has delivered a judgement that will have significant implications for environmental law jurisprudence in the Country, in the decades to come.[4] The court declared that the right to be free from adverse effects of climate change is a fundamental right. In both Virender Gaur and MK Ranjitsinh, the opposing party was the government, wanting to do an act that petitioners opposed due to its effect on the environment. In this article, we will discuss the significance of MK Ranjitsinh v.  Union of India, and its implications for environmental jurisprudence in India.

In Virender Gaur, a public space belonging to the municipality was handed over for construction to a third party, by the government. The public opposed the government’s move claiming that the public space was left for the purpose of sanitation and maintenance of hygiene and to allot it to a third party would defeat the purpose for which it was demarcated. The Supreme Court stated as follows:

“Environmental, ecological, air, water, pollution, etc. should be regarded as amounting to violation of Article 21. Therefore, hygienic environment is an integral facet of right to healthy life and it would be impossible to live with human dignity without a humane and healthy environment.”

At the heart of this matter is land-a limited resource that the government wants to be used and the competing public interest which wants the land to be in status quo-as it is in the current state. In a way, the case of MK Ranjitsinh also stems from the same issue.

Facts in MK Ranjitsinh

Great Indian Bustard-the state bird of Rajasthan is on the verge of extinction. In a prior order by the Supreme Court in April 2021, directions were passed restricting the laying of overhead power transmission lines in about 99,000 square kilometres by solar power companies in the states of Rajasthan and Gujarat.[5] The court appointed a committee for assessing the feasibility of laying high voltage underground power lines, and stated that where the conversion of overhead power lines to underground power lines is feasible, such conversion be undertaken and completed within a year. While the court appointed committee implemented the directions of the court, various ministries of the government- Ministries of Environment, Forests and Climate Change; Power; New and Renewable Energy- approached the court to modify the order since the judgement covered more land than what is required for the protection of GIB and the technical impossibility of laying underground high voltage power lines.

In 2024, the court asked the government to file a comprehensive status report on the issue. The government in its updated affidavit stated that the reduction in population of GIBs is not related to power lines, that Union’s international commitments to reduce India’s Carbon footprint is tied to making sure that solar and renewable projects are carried on; transmission lines laid. The government also listed the conservation projects that are in place for the protection of the Great Indian Bustard.

What were the issues?

Simply put, on one side is the issue of conservation of the critically endangered Great Indian Bustard and on the other side is the need to lay overhead power transmission lines as a part of realising the goals to mitigate climate change crisis.

In the April 2021 order, the court ordered a blanket restriction on the overhead transmission lines. The government pleaded for modification of this blanket restriction.

What did the Court say?

The court relied on Virender Gaur vs State of Haryana and on MC Mehta vs Kamal Nath[6] to arrive at articulating a right to be free from adverse effects of climate change. In MC Mehta vs. Kamalnath, the court said that Article 48A[a directive principle stating that the State shall endeavour to protect environment and to safeguard the forests and wildlife of the country] and Article 51-A(g)[A fundamental duty stating that it shall be duty of every citizen to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures] have to be considered in the light of Article 21 of the Constitution. It had stated that any disturbance of the basic environment elements like air, water and soil would be hazardous to life within the meaning of Article 21 since those elements are necessary for life.

The court in MK Ranjitsinh stated that the right to equality under Article 14 and Right to Life under Article 21 must be appreciated in the context of decisions of the Supreme Court, the actions and commitments of the state on national and international level, the scientific consensus on climate change and its adverse effects. The court stated as follows in Para 24 of the judgement, recognising the right to be free from adverse effects of climate change:

“Despite a plethora of decisions on the right to a clean environment, some decisions which recognise climate change as a serious threat, and national policies which seek to combat climate change, it is yet to be articulated that the people have a right against the adverse effects of climate change. This is perhaps because this right and the right to a clean environment are two sides of the same coin. As the havoc caused by climate change increases year by year, it becomes necessary to articulate this as a distinct right. It is recognised by Articles 14 and 21.”

Having said this, the court also tried to arrive at a balance between two sustainable interests i.e., conservation of a species and renewable power generation and distribution. The court opined that it is necessary to adopt a holistic approach which does not sacrifice either of the two goals “at the altar of the other.”

While it relied on cases like MC Mehta and Virender Gaur to arrive at articulation of Right to be free from adverse effects of climate change, it relied on India’s international commitments such as the Paris Agreement related Nationally Determined Commitments to support the modification of the order, as requested by various minisries. One of India’s NDC is to achieve 50% of cumulative electric power installed capacity from non-fossil fuel-based energy resources by 2030. The court noted the importance of solar power as a renewable energy source.

The court therefore constituted a committee which will have the power to determine the scope, feasibility and extent of overhead and underground electric lines, in the areas identified by the Wildlife Institute of India in Rajasthan and Gujarat, Identification of conservation methods for GIBs in priority areas, Monitoring and Review the implementation etc.

Implications for environment related jurisprudence

The one major difference between Fundamental Rights and the Directive Principles of State Policy is that the former are enforceable, and the latter are not. Although the subject of the environment had only featured in the DPSP and Fundamental Duties, Indian people took the option of Public Interest Litigation to challenge any of the governments’ actions that would have a devastating impact on the environment. With the declaration that the right to be free from adverse effects of climate change is a fundamental right, individual climate change litigation could grow in High Courts and the Supreme Court. The court also acknowledged the climate change related litigation in other countries and stated that those cases indicate the type of cases that will travel to courts in the next few years.

The court also took the route of Articles 14 and 21 to spell out the right to be free from adverse effects of climate change. The court stated that right to equality may also be violated in ways that are more difficult to remedy. It stated as follows, in this context:

“For example, a person living in say, the Lakshadweep Islands, will be in a disadvantageous position compared to person living in say, Madhya Pradesh when sea levels rise and oceanic problems ensue. Similarly, forest dwellers or tribal and indigenous communities are at a high risk of losing not only their homes but also their culture, which is inextricably intertwined with the places they live in and the resources of that place. In India, the tribal population in the Nicobar islands continues to lead a traditional life which is unconnected to and separate from any other part of the country or world. Indigenous communities often lead traditional lives, whose dependence on the land is of a different character from the dependence which urban populations have on the land. Traditional activities such as fishing and hunting may be impacted by climate change, affecting the source of sustenance for such people. Further, the relationship that indigenous communities have with nature may be tied to their culture or religion. The destruction of their lands and forests or their displacement from their homes may result in a permanent loss of their unique culture. In these ways too, climate change may impact the constitutional guarantee of the right to equality”

Interestingly, both Lakshadweep and Nicobar islands have been points of discussion over government’s announcements of reforms and faced criticism over the environmental damage these projects could pose.

Coming back to the judgement, the court’s choice to read the right from both Articles 14 and 21 is a significant development from the last time a right like this was identified. In Virender Gaur, the Supreme Court identified the right to clean environment from Article 21 which guaranteed that no person shall be deprived of his life or personal liberty except according to procedure established by law. In MC Mehta too, the emphasis was on how damage to environment is a violation of Article 21. The court in MK Ranjitsinh also emphasised on the fact that marginalised communities’ right to life and personal liberty is affected more due to climate change related health issues. Thus, this is an additional intersection that the court tried to do, between Environment and Article 14.

Conclusion

While the jurisprudence over this right to yet to develop, the court also noted the lack of a holistic climate change legislation in the country. The court stated, in this context, that a lack of law does not mean that people do not have a right to be free from adverse effects of climate change. This indicates the activist role played by the Supreme Court in one of the most pressing matters of the 21^st century.

The court was cautious to state that courts should be alive to other rights of affected communities such as the right to be free from displacement and allied rights while giving effect to the right to be free from adverse effects of climate change.

This caution indicates the type of cases that the court sees coming to it. Right to be Free from adverse effects of climate change is a universal right, and when juxtaposed against say, a person’s right to stay at their traditional dwelling place without having to relocate to make way for a solar park or to want compensation- the courts will have to take a balanced approach rather than siding with the climate change right.

The judgement also faced some criticism for its blanket acceptance of governments’ claims on energy transition, and for ignoring the jurisprudence on rights of nature and climate action led by indigenous peoples and other local communities. While the implications of this approach taken by the court deserves a separate examination and analysis, one thing is clear- climate change is now very much part of the emerging jurisprudence on environment and more accountability seeking petitions could emerge out of this fundamental right.

(The author is part of CJP’s legal research team)

[1] (1997) 2 SCC 267

[2] [2013] 6 SCR 881

[3] 1995 (2) SCC 577

[4] 2024 INSC 280

[5] I.A. NO.85618 OF 2020 in WRIT PETITION (CIVIL) NO.838 OF 2019

[6] (1997) 1 SCC 388

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The post SC: The right to be free from adverse effects of Climate Change is a fundamental right appeared first on SabrangIndia.

Climate change has led to increased temperatures, irregular rainfall, droughts, floods, and hailstorms. Among these, rising temperatures are the most critical issue. Higher temperatures have reduced crop yields and affected the quality of produce. Some crops cannot withstand the increased temperatures, leading to decreased production.

Irregular rainfall has become a major challenge for farmers. In some areas, there is a deficiency of rain, while in others, there is excessive rainfall. Low rainfall leads to insufficient soil moisture, causing crops to wither. On the other hand, excessive rainfall leads to floods, damaging crops. Both situations result in substantial losses for farmers.

Drought is another severe problem exacerbated by climate change. Droughts cause water shortages, making it difficult for farmers to irrigate their crops. As a result, crops dry up, leading to reduced yields. This causes economic losses for farmers and threatens their livelihoods.

Climate change has also intensified natural disasters like hailstorms and floods. These events cause significant damage to crops, reducing yields and causing financial losses for farmers. The impact of climate change on agriculture has become a significant challenge.

Changes in the monsoon patterns, with early or delayed rains, adversely affect farming. In recent years, farmers have faced uncertainty in crop production due to shifting climate patterns. The past decade has seen fluctuations in crop yields, sometimes leading to high production and at other times to low production. The damage caused by climate change is now evident.

According to a survey conducted by the Development Intelligence Unit (DIU) in collaboration with the Forum of Enterprises for Equitable Development (FED), approximately 43% of the farmers surveyed experienced at least half of their standing crops being damaged. Irregular rainfall has particularly affected crops like rice, vegetables, and pulses. The survey highlights that in some regions, excess water submerges rice seedlings for over a week, destroying newly planted crops.

Meanwhile, in states like Maharashtra, Telangana, Andhra Pradesh, Chhattisgarh, Bihar, and West Bengal, delayed sowing of rice, maize, cotton, soybeans, groundnuts, and various pulses has occurred due to insufficient rainfall.

In the last two to three years, high temperatures have affected crop growth in various states, including Rajasthan, Punjab, Haryana, and Uttar Pradesh. In 2022, high temperatures impacted wheat production, reducing it from 109.59 million tons in 2021 to 107.7 million tons. This forced the country, the world’s second-largest wheat producer, to halt exports.

In 2023, high temperatures also affected wheat production, leading to a shortfall of about 3 million tons compared to the target. The adverse effects of climate change on agriculture need urgent attention. Farmers, already dissatisfied due to inconsistent incomes, might face increased despair if their earnings further decline. This could lead to various social issues, including food insecurity.

Survey results indicate that in the past five years, adverse weather events have caused crop losses for 80% of marginal farmers in India. The survey covered 6,615 farmers across 21 states, revealing that drought (41%) and irregular rainfall (32%) are the primary causes of crop damage.

Climate change is a global challenge with widespread impacts across various sectors, including agriculture. Millions of farmers are affected by its adverse effects. A recent survey highlights the significant impact of climate change on farming, showing that 80% of marginal farmers in India have suffered crop losses in the past five years.

Experts have long warned about the dangers of climate change, but the issue hasn’t received the seriousness it warrants

Experts have long warned about the dangers of climate change, but the issue hasn’t received the seriousness it warrants. While discussions on climate change have begun, substantial measures to address the problem are lacking. We all know that climate change is altering rainfall patterns, leading to either excessive rain or droughts, which affect crop production. In the past two to three years, high temperatures have hampered crop growth.

Many crops, like wheat, cannot tolerate extreme heat, resulting in reduced yields. High temperatures and humidity have also increased the prevalence of pests and diseases. In northern India’s cotton belt, pink bollworms have been destroying crops for several years. Managing known diseases has become challenging for the agriculture department.

Additionally, climate change might introduce new diseases that farmers are unprepared for. Experts say that climate change is causing significant damage to agriculture, including drought conditions in various parts of the country, leading to over-extraction of groundwater and a consequent decline in water levels. In areas with excessive rainfall, soil erosion reduces soil fertility, potentially leading to future food shortages.

The government must provide financial assistance and insurance protection to farmers. Immediate financial aid should be available for crop losses, and concessional loans should be accessible for farming. Research and development are needed to develop new technologies that help farmers adapt to climate change. Environmentally friendly technologies can help increase crop production.

In conclusion, climate change poses a severe threat to Indian agriculture. To overcome this challenge, collaborative efforts from farmers, the government, and the scientific community are essential.

Utilizing modern technology, raising awareness, and fostering cooperation are key to ensuring a bright future for Indian agriculture.

Author is Social worker and activist working for the rights of tribal and marginalized communities

Courtesy: CounterView

The post Adverse impact of climate change? 43% of farmers found half of their standing crops damaged appeared first on SabrangIndia.

It also underscore the urgent need for legal and policy reforms to secure land and socio-economic rights, empowering these communities to become stewards of the environment and leaders in climate resilience.

I. Impact of deforestation and land use changes

Land rights in forested areas are intrinsically linked to deforestation and land use changes, which contribute to climate change by increasing carbon emissions. In tribal regions, land use patterns have undergone significant changes driven by socio-economic, environmental, and policy-related factors, disproportionately affecting indigenous communities. Key drivers include:

1. Forest land conversion:

Since the 1990s, vast tracts of forest land in tribal areas have been converted for non-forest purposes. Projects like the Polavaram Irrigation Project displaced thousands of tribal families and led to the submergence of 94,357 acres of land, including 29,852 acres of poramboke land and 3,223 hectares of forest resources. Additionally, displaced tribals from neighboring Chhattisgarh, due to armed conflicts, have sought refuge in forest areas, further straining resources through land clearing for basic survival.

2. Industrial development and mining:

Industrial activities have significantly impacted forests in tribal areas of East Godavari District. Companies like ITC, Godavari Plywoods, and AP Paper Mills contributed to deforestation by establishing plantations and extracting raw materials. Mining operations for bauxite and other minerals further accelerated habitat destruction, exacerbating climate vulnerability through increased soil erosion and biodiversity loss.

3. Shifting cultivation and agriculture:

Traditional shifting cultivation (Podu) is being replaced by settled agriculture and monoculture plantations like cashew, coffee, and eucalyptus. These changes have led to declining soil fertility, increased ecological imbalance, and reduced carbon sequestration, all contributing to climate change. Government initiatives aimed at transitioning tribals to agroforestry practices have had limited success.

4. Land alienation and urbanization:

Despite legal protections, tribal land alienation persists. Non-tribals have acquired tribal lands illegally, with more than 50% of Scheduled Area land in AP held by non-tribals. Urbanization and migration to nearby towns and cities further alter traditional land use patterns, displacing tribal populations and increasing their dependence on forest lands.

II. Role of traditional knowledge in climate mitigation

Tribal communities in Eastern Ghats possess deep-rooted knowledge of sustainable land and forest management practices. However, modernization, displacement, and loss of land rights are eroding this traditional knowledge, with far-reaching implications for the environment and efforts to mitigate climate change. Key areas of traditional knowledge include:

1. Sustainable agricultural practices:

Historically, tribals practiced climate-resilient agriculture, such as agroforestry and drought-resistant crops like millets. These have been replaced by water-intensive commercial crops, exacerbating soil degradation and biodiversity loss. Revitalizing traditional agricultural methods could restore ecological balance and strengthen climate resilience.

2. Forest management and biodiversity conservation: 

Tribal knowledge plays a crucial role in forest ecosystem conservation. Practices like controlled burning, selective harvesting, and maintaining sacred groves contribute to forest regeneration and biodiversity preservation. The loss of these practices has increased forest fires, reduced forest cover, and weakened carbon sinks that mitigate climate change.

3. Water conservation techniques:

Tribals traditionally employed sustainable water conservation methods such as terracing and community-based management systems. The decline in these practices has worsened water scarcity, exacerbated by climate change. Reviving traditional water harvesting techniques could help address challenges like changing rainfall patterns and prolonged droughts.

4. Traditional weather prediction:

Tribals used natural indicators, such as animal behavior and plant flowering patterns, to predict weather changes. This knowledge helped them adapt to environmental changes. As these traditions fade, communities are less equipped to anticipate and cope with unpredictable climate impacts, such as erratic rainfall and temperature extremes.

III. Effects of land alienation on climate vulnerability

The lack of secure land rights for tribals in the Scheduled Area of Andhra Pradesh exacerbates their vulnerability to climate change. Displacement and land alienation deprive them of the resources and autonomy needed to manage their environment sustainably, weakening their resilience to climate shocks.

Irrigation projects like Polavaram displaced thousands of tribals,  submerged 94,357 acres, including 7,964 acres of forest resources

1. Deforestation and resource exploitation:

When tribals are displaced from their lands, environmental degradation becomes more prevalent. Commercial interests, such as mining and large-scale agriculture, often exploit tribal lands without regard for sustainability, resulting in higher carbon emissions and reduced biodiversity.

2. Loss of climate resilience:

Secure land tenure allows communities to invest in sustainable farming, soil conservation, and water management. Without land rights, tribals are less likely to engage in these practices, increasing their vulnerability to floods, droughts, and landslides.

3. Socio-economic exclusion:

Socio-economic marginalization further increases climate vulnerability. Tribals who lack access to healthcare, education, and markets are more vulnerable to climate impacts. Economic insecurity also limits their ability to invest in climate adaptation measures.

4. Exclusion from decision-making:

Tribals are often excluded from climate adaptation programs due to their lack of formal land rights and political marginalization. This exclusion weakens their adaptive capacity and undermines climate policy by disregarding the knowledge and practices that have sustained these ecosystems for centuries.

IV. Path forward: Securing land and socio-economic rights for climate resilience

Addressing the challenges faced by tribal communities in East Godavari requires legal, policy, and program interventions to secure land and socio-economic rights. Effective implementation of laws like Land Transfer Regulations 1 of 70, the Forest Rights Act (FRA) and the Panchayats (Extension to Scheduled Areas) Act (PESA) is essential for empowering tribal communities as stewards of their environment.

1. Strengthening legal protections:

Strengthening the enforcement of laws that protect tribal land rights is crucial. Securing land tenure empowers tribals to continue their role in forest conservation and sustainable land management, mitigating climate change.

2. Integrating traditional knowledge into climate policy:

Recognizing and integrating traditional knowledge into modern climate strategies is key to building resilience in ecologically sensitive regions like the Eastern Ghats. Collaboration between tribal communities, governments, and NGOs can help preserve and revitalize traditional practices including health, enhancing biodiversity conservation and climate resilience.

3. Promoting inclusive economic development:

Ensuring access to socio-economic rights such as education, healthcare, and employment strengthens the adaptive capacity of tribal communities. Supporting sustainable livelihoods, like agroforestry and eco-tourism, can provide alternative income sources while preserving the environment.

4. Enhancing climate adaptation orograms:

Tribal involvement in climate adaptation programs ensures that strategies are locally relevant and culturally appropriate. Drawing on traditional knowledge and practices will enhance resilience to climate challenges.

Conclusion

The tribal communities of Eastern Ghats have long been custodians of their environment, maintaining a delicate balance between their livelihoods and the natural world. Securing their land rights and revitalizing traditional knowledge systems are not only essential for their survival but also critical in the fight against climate change. By empowering these communities, we can foster sustainable land use practices, enhance biodiversity conservation, and build resilience to future climate challenges.

Courtesy: CounterView

The post Lack of securing tribal land rights in Andhra ‘exacerbating’ vulnerability to climate change appeared first on SabrangIndia.

According to data released by India Meteorological Department Wayanad district received as much as 7% of its entire seasonal rainfall in 24 hours (from Monday morning to Tuesday morning). The Mundakkai region received 572 mm of rainfall in the past 48 hours prior to the landslide. This clearly points to an extreme climate change-induced disaster.

Experts like Madhav Gadgil are saying that it was due to the environmental degradation that the disaster occurred. The fact of the matter is that the landslide happened inside a deep forest which was not affected by human intervention.

The disaster area belongs to the Western Ghats, a UNESCO world heritage site, which is a very fragile ecologically sensitive area. This is also a region prone to frequent landslides. The Western Ghats starting from the Southern tip of the Indian subcontinent to the Konkan region is home to about 50 million people. In the parts belonging Kerala alone at least 5 million people live. Human habitation has caused a lot of ecological damage to the region. After the liberalisation of Indian economy, tourism has become a major industry in the region. Lots of tourist resorts have come up in the last 30 years, leading to stone quarrying in a major way. The stones from Western Ghats are used to build new roads, bridges, houses even in the lower land area and even the Adani port in Vizhinjam, Trivandrum.

If you look at the history of the Kerala part of Western Ghats, it was the Britishers who started huge tea, coffee and rubber plantations starting from late 19^th century. It has caused huge environmental degradation in the region. Tata, Harrison Malayalam are the big planters now in the region. They behave like feudal lords, giving paltry sums as leases to the government and even encroaching government lands and planting monocrops. The landslide affected Mundakkai also is a tea estate area owned by Harrison Malayalam company.

The farmers migrated to Wayanad and other parts of the Western Ghats of Kerala during the independence period due to the acute famine of that time. The government also promoted the migration of farmers. It is the descendants of these farmers who are killed by the landslide. They are the unsuspecting victims of unchecked development model and climate change caused by the Global North.

No place can withstand the kind of rain that was received in the landslide area. Yes, of course, wrong development model and environmental degradation has contributed to the disaster but it is not the root cause. It is the climate change caused by global warming for which the Global North is primarily responsible.

Present CO2 level in the atmosphere is 421 parts per million (ppm), which is similar to the CO2 level of Pliocene Epoch was a period in Earth’s history that lasted from 5.333 million to 2.58 million years ago. During the Pliocene epoch, CO2 levels in the Earth’s atmosphere were between 380 and 420 (ppm) during the warmest period.  The global mean sea level during the early Pliocene Epoch was around 17.5 ± 6.4 meters which means that we are locked in for a sea level rise of at least 6.5 meters, 17 meters being the upper limit. Also CO2 levels in the atmosphere are rising 2.9 ppm per annum.   This also means that we are moving into an unchartered territory in the climate crisis.

Most of our coastal cities will be under water very soon. Kerala which has one third of the landmass very close to the sea will be submerged under water.  As the ocean warms more and more drastic climate events like Mundakkai will be a regular phenomenon. As Himalayan glaciers melt, the rivers originating from the Himalayas will dry up. Most of North India will be a desert. As the permafrost melts in the Arctic, Methane which is 28 times more potent than CO2 will be released into the atmosphere and we will lead to a feedback loop, meaning more and more CO2 will be released into atmosphere without any human intervention. Another dangerous scenario is that as the permafrost melts, viruses and bacteria buried millions of years ago will be released into the atmosphere causing pandemics like COVID. Forest fires will be a regular occurrence in the dry season.

Do you think that climate change would be just weather events? No. Not at all. It will spread into social relations and human relations. We might see water wars, famines, and even civil wars in the name of nationality, ethnicity, language etc. Do you think that the present population of 8 billion people will survive the coming climate catastrophe? I think it will not. Many researchers are saying that we are in the middle of the Sixth Great Extinction.  The sixth great extinction, also known as the Holocene extinction, is an ongoing mass extinction event that is caused by human activity. It is thought to be the sixth mass extinction event in Earth’s history, following the Ordovician–Silurian, Late Devonian, Permian–Triassic, Triassic–Jurassic, and Cretaceous–Paleogene extinction events.

In the beginning of the 20^th Century, the human population was only 2 Billion. Now we are 8 Billion. The huge spike in population growth that we saw recently is an aberration in human history. Nature will correct itself. That means we are going to see millions or even billions of deaths, if not in our lifetime, definitely in the lifetime of our children and our grandchildren. That means thousands of Mundakkai events will play in a loop in front of our eyes! What is most devastating is that there would be some of our dear and near ones too.

What happened in Mundakkai, Wayanad is not an aberration. It’s the new normal. It’s the beginning!

Binu Mathew is the Editor of Countercurrents.org. He can be reached at editor@countercurrents.org

Courtesy: Counter Currents

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