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Climate Litigation Rises in India as Courts Uphold Right to Healthy Environment, Says Report

Courts interpret constitutional rights to tackle climate change, India sees rising cases

Photo by Sora Shimazaki
Indian courts increasingly hear climate litigation cases protecting environmental rights Photo by Sora Shimazaki
Summary
  • India has registered 14 climate litigation cases, signalling growing environmental legal action.

  • Supreme Court and NGT uphold citizens’ right to healthy environment under Articles 14, 21.

  • Climate litigation addresses air pollution, deforestation, renewable energy and climate adaptation issues.

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Climate litigation is now being pursued across more countries than before with India registering 14 similar cases so far, according to the Global Climate Litigation Report 2025: Climate Change in the Courtroom – Trends, Impacts and Emerging Lessons by the United Nations Environment Programme (UNEP) and the Sabin Center for Climate Change Law at Columbia Law School published on October 9.

According to the above report, over 3,099 climate-related cases have been filed across 55 jurisdictions and 24 international or regional courts, tribunal and quasi-judicial bodies as of June 30. India has registered 14 such cases so far.

HT reported that UNEP stated that the courts are not only enforcing laws but also shaping the Paris Agreement’s goals are interpreted through the lens of human rights, equity and intergenerational justice.

Further, HT reported further stated that India features among the countries in the Global South with an expanding climate litigation profile, registering 14 cases to date. These cases address issues such as air pollution, deforestation, renewable energy obligations, climate adaptation and the right to clean and healthy environment under the Indian Constitution, UNEP said in a statement on October 10.

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The National Green Tribunal (NGT) and the Supreme Court of India, in particular, have emphasised the State's obligation to protect citizens' rights from the effects of climate change by incorporating climate considerations into their rulings more frequently.  These initiatives are in line with the climate goals of the Indian government, which include pledges to increase renewable energy capacity, improve climate adaptation and disaster preparedness, and reach net-zero by 2070.

For instance, India’s Supreme Court recognised the right to a healthy environment and the right to be free from the adverse effects of climate change when balancing the protection of an endangered species threatened by an overhead transmission line connecting to a renewable energy project (Mk Ranjitsinh & Ors. v. Union Of India & Ors.). The Court balanced the need for a just energy transition within the context of the long-term emission reduction goals of the Paris Agreement with conservation priorities, the report said.

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India’s Growing Climate Litigation

According to Health and Human Rights report, India's growing climate litigation portfolio indicates more significant changes in environmental governance than just individual cases. 

Articles 14 and 21 are currently being interpreted by courts such as the Supreme Court and NGT to support the "right to be free from the adverse effects of climate change”.

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