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Indian courts have begun hearing 'climate litigation' cases where citizens invoke Fundamental Rights (Articles 14, 19, 21) to challenge government policies alleged to inadequately address climate change, recognizing right to a healthy environment as part of Article 21.
- True
- False
Answer: True
Climate litigation evolution in India: (a) Legal basis: Article 21 (right to life) interpreted to include healthy environment (Subhash Kumar, MC Mehta cases); Article 48A (DPSP) directs State to protect environment, (b) Emerging cases: (i) Challenges to coal mining approvals, vehicular emission norms, coastal regulation violations, (ii) Claims based on intergenerational equity, precautionary principle, sustainable development, (iii) Vulnerable groups: Coastal communities, farmers, tribal populations disproportionately affected, (c) Judicial approach: Generally defer to executive policy domain but require: (i) Compliance with environmental laws, (ii) Scientific basis for decisions, (iii) Public consultation, (iv) Consideration of vulnerable groups, (d) Global context: Aligns with Paris Agreement, SDGs; India's climate commitments (NDCs) inform judicial review. Illustrates rights evolution: adapting constitutional framework to global challenges like climate change.