Examining the Legal Implications of India's New Green Deal for a Net Zero India: Mission 2070
Feb. 26, 2024 • Sneha, 2nd year student of LL.B. Professional course, Department of Law, Kurukshetra University, Kurukshetra
Examining the Legal Implications of India's New Green Deal for a Net Zero India: Mission 2070
Abstract:
India's bold "New Green Deal" seeks to achieve net-zero emissions by 2070, signaling a substantial change in the country's environmental strategy.
Introduction:
Climate change poses an existential threat to humanity, demanding urgent action. India recognized this and unveiled "Mission 2070," a bold New Green Deal that seeks to achieve net-zero emissions by the year 2070. This is an ambitious goal that requires a thorough legal structure in order to be realized. This article looks at the legal environment around Mission 2070, looking at historical background, current frameworks, and possibilities and difficulties that may arise.
India's shift to a net zero economy has the potential to save lives, spark new industries, produce over 50 million jobs, and generate over $15 trillion in economic benefits[1]. India's move towards a greener economy is no longer impeding its progress. Rather, it will propel growth for many years to come. India has made significant progress in environmental protection. Renewable energy capacity has increased rapidly, air pollution levels have shown modest declines in some cities, and forest cover has shown slight improvement. However, challenges persist. Air quality remains poor in many cities, water pollution is a major concern, and greenhouse gas emissions continue to rise. Comparing current data with historical trends reveals progress, but also emphasizes the need for accelerated action.
Image source: https://www3.weforum.org/docs/WEF_Mission_2070_A_Green_New_Deal_for_a_Net_Zero_India_2021.pdf
Key points:
The mission involves a comprehensive set of strategies and initiatives designed to mitigate the impacts of climate change, reduce emissions, and promote sustainable development across various sectors of the economy and improve the current scenario. Key components of the New Green Deal include:
- Renewable Energy Expansion: India's energy sector is undergoing a rapid transformation, with a focus on expanding renewable energy sources such as solar, wind, and hydroelectric power. The mission aims to significantly increase the share of renewable energy in the country's energy mix, thereby reducing reliance on fossil fuels and cutting emissions[2].
- Green Infrastructure Development: The development of infrastructure is a critical factor in determining how sustainable urban and rural communities are. The creation of green infrastructure, such as eco-friendly urban planning techniques, sustainable transportation networks, and energy-efficient construction, is emphasized under the New Green Deal. India can improve the lives of its people and lessen its carbon impact by investing in green infrastructure.
- Carbon Pricing and Regulation: To incentivize emission reductions and encourage businesses to adopt cleaner technologies, the mission proposes the implementation of carbon pricing mechanisms and stringent environmental regulations. By putting a price on carbon emissions and imposing penalties for non-compliance, India can create economic incentives for companies to transition towards low-carbon operations.
- Reforestation and Conservation: Rich biodiversity and various ecosystems found in India are vital for preserving ecological balance and reducing the effects of climate change. In order to improve carbon sequestration and protect biodiversity, the New Green Deal includes programs for afforestation, reforestation, and habitat protection.
- Sustainable Agriculture and Land Use: Agriculture is a significant source of greenhouse gas emissions in India, primarily due to deforestation, land degradation, and intensive farming practices. The mission promotes sustainable agriculture techniques, including organic farming, agroforestry, and soil conservation measures, to reduce emissions from the agricultural sector and enhance resilience to climate change.
- Technological Innovation and Research: Innovation plays a critical role in driving the transition to a low-carbon economy. The New Green Deal emphasizes investment in research and development of clean technologies, energy efficiency solutions, and climate resilience measures. By fostering innovation, India can unlock new opportunities for economic growth while simultaneously addressing climate change challenges.
- International Cooperation and Partnerships: Global action is needed to address the issue of climate change, which involves all countries. India's dedication to international collaboration and partnerships in order to successfully address climate change is emphasized by the New Green Deal. Through international cooperation, the exchange of best practices, and resource mobilization, India can expedite its shift towards a low-carbon, sustainable future.
Legal framework:
While "India's New Green Deal" hasn't been formally legislated, its goals align with various existing policies and court cases related to environmental protection and sustainable development. Here's an overview of relevant case laws and legal frameworks:
- Constitution of India: Articles 48A and 51A(g) mandate environmental protection and forest conservation, respectively. This forms the bedrock for environmental legislation[3].
- Environment (Protection) Act, 1986: This comprehensive law empowers the government to regulate air, water, and land pollution, issue environmental clearances, and establish pollution control boards.
- National Forest Policy, 1988: Aims at increasing forest cover and sustainably managing forests. Several cases highlight its significance in environmental.
- National Water Policy, 2012: Emphasizes water conservation and equitable distribution, relevant for climate change adaptation.
- National Clean Air Policy, 2019: Sets targets for air quality improvement, crucial for reducing emissions.
International Agreements:
- Paris Agreement: India is a signatory, committing to reduce greenhouse gas emissions and achieve net-zero by 2070[4].
- Convention on Biological Diversity and Convention on Climate Change: India's commitments on biodiversity conservation and emission reduction[5].
Case Laws:
- M.C. Mehta vs. Union of India (1985): Landmark case establishing the "polluter pays" principle, holding industries accountable for environmental damage.
- T.N. Godavarman Thirumulpad vs. Union of India (2012)[6]: Recognized the right to a clean environment as a fundamental right.
- Lafarge vs. Ministry of Environment & Forests (2011): Highlighted the importance of environmental clearances for industrial projects.
- Research Foundation for Science, Technology & Ecology vs. Union of India (2017): Ordered stricter emission standards for thermal power plants.
Conclusion:
Mission 2070 represents a bold and visionary approach to addressing the challenges of climate change and promoting sustainable development. By implementing the strategies outlined in the mission, India can achieve its long-term goal of achieving net-zero emissions by 2070 while simultaneously driving economic growth, improving public health, and preserving the environment for future generations. It's time to extend the advantages of economy, technology, and leadership to the other previously outlined pillars of an Indian Green New Deal. India is poised to exhibit global leadership and set an example for other rising economies as it restructures its cities, land use, and mobility sector in accordance with a new green development paradigm. India's green economy will have a multiplier effect and pave the way for the combination of decarbonization and inclusive prosperity, so it is not only about the country.
Advancements in finance, technology, and capable political leadership has enabled India to stand in a whole new position, where it can put together its resources and manage the environmental crisis.
Author
Sneha, 2ND year student of LL.B. Professional course, Department of Law, Kurukshetra University, Kurukshetra
Top of Form
[1] https://www3.weforum.org/docs/WEF_Mission_2070_A_Green_New_Deal_for_a_Net_Zero_India_2021.pdf
[3] https://www.indianbarassociation.org/wp-content/uploads/2013/02/environmental-law-article.pdf
[4] https://unfccc.int/sites/default/files/resource/India_LTLEDS.pdf