Introduction
Climate change is no longer an impending danger or a threat for the future as it has started being a reality in the present age and it has shaken the entire world and India is not an exception to this. It is exposed to a great number or risks and impacts associated with climate change including very own disaster, change in climate disasters, change in agricultural output, change in health. The intensity of heat increases not only temperatures, as witnessed within the Indian context where from March 1 to June 18, approximately 40,000 people suffered from heat stroke and 110 people lost their lives, as documented by the India’s health ministry. Despite these, they are not very accurate due to underreporting, and might represent the increasing health danger due to climate change.This blog aims to accentuate the urgency of climate change legislation in India, discuss the major challenges they can cause and design legal strategies that will help India to cope with them more effectively.
Physical and Biological Effects of Global Warming and Climate Change in India
As a large and diverse country in terms of both topography and demography, India is one of the most sensitive nations to the changing climate. This has led to the emergence of what is widely referred to as acts of God in the recent decades where cases of cyclones, heatwaves, and any form of erratic rainfall has become rampant. For instance, astudy indicated that the incidence of cyclones in the Arabian Sea has been rising by 52% in the last 20 years mainly due to sea surface temperatures as a result of climate change. The average number of Very severe cyclonic storms, for instance, has increased by 150%, and the average days per season for these storms are up by 260%. This can be associated with the warming of the Arabian Sea which attained a positive value that serves a threshold level in the initiation of cyclones. They include regional climate action and the need to retrofit infrastructure to safeguard against these more frequent and severe hurricanes.
Cities in India that have been more vulnerable include Mumbai and Kolkata due to constantly concentrated cyclones such as the Cyclone Tauktae that occurred in the year 2021 leading to severe flooding and infrastructure destruction.Moreover, cyclones like Vayu, and Nisarga have severely impacted regions including Lakshadweep, Kerala, Karnataka, Goa, Maharashtra, Gujarat, Daman and Diu, Dadra and Nagar Haveli, and northwest India.
The Phenomenon of Urban Heat Island which prevails in over populated area such as Delhi intensifies heat factors regarded as deadly heat waves and soaring rates of heat-related diseases. The health sector has noted an increase in heat stroke incidences contributing to a cut on the lives of citizens most especially those in fields, elderly people and kids.
Report recently reveals that air quality of Delhi is worst around the world and it may also reduce lifespan of individuals by 12 years. Analysing annual average PM2. 5 levels of pollution, there is a major focus on the health hazards linked to particulate matter on respiratory health and well-being. The studies propose an imperative for more significant and effective solutions to curtail pollution, especially through better monitoring of air quality and strong interventions.
Even Bengaluru sizzled through its hottest May Day in at least four decades of record keeping with the mercury rising to 39. 2 degrees Celsius. Due to these factors and the dryness as well as scarcity of cloud cover, the temperature recorded in the city was considered strange given its typical climatic conditions. These conditions amplified heat by city island effects and triggered questions about heat-health hazards and necessitated elements of resiliency into the urban design and health policies.
Economic and Social Consequences
It is perhaps even more critical for the economy to understand the dynamics of climate change. Being one of the significant sectors in India economy agriculture is right at the centre of effects brought on by the changes in the weather. Earliness is useful because climate change has had negative impacts on agriculture; tea production in places such as Assam has become lower because of changes in precipitation patterns and temperatures. In the same way, areas that rely on specific seasons like the monsoon in agriculture are subject to guesswork as the periods become irregular.
In addition, tension is always felt amid an energy sector in a heatwave as more usage results in shortages and rationing such as loadshedding to urban areas. It also influences the standard quality of life within the society and greatly adds to the levels of pollution by emission of additional energy from backup power sources.
In relation to social impacts, climate change magnifies social imbalances as evidenced by vulnerable groups such as those living in the low income are worst hit being unable to pay for adjusted climate conditions. Compounding this, loss or separation through climate-related occurrences like floods and cyclones also put great demand on resources and social fabric.
Yale programme report revealed that 74 percent of citizens of India are concerned with climate change while 77 percent of the citizens of the country reported that they think that the impact of climate change is already being felt in India. At the same time, attitudes toward climate change are also favourable, 64% of respondents pinpoint that extreme weather events have become more frequent, 71% of respondents are in favour of the measures to support renewable energy sources. Public participation and awareness are also highlighted as key areas of focus necessary to advance climate change mitigation and resilience campaigns in India.
Prologue Legal Framework and Policy Recommendations
Today, India has adopted a number of environmental legislations that may hinder climate change such as the Environment Protection Act which was enacted in 1986 and the National Action Plan on Climate Change. However, these laws are implemented and are effective sometimes but their impact fails to be met due to the poor enforcement and lack of synergy among governmental organizations.
Legal guidelines or dissecting policies and recommended guidelines.
India has a host of measures to address environmental issues and climate change for instance the Environment Protection Act of 1986, the National Action Plan on Climate Change, among others. Yet, in practice, there are many shortcomings where these laws work not properly as they have not been adequately enacted or the coordination between the various governmental structures remains weak.
- Comprehensive Climate Change Legislation
To tackle these challenges more efficiently India requires drafting climate change legislative act that will amend and expand current legal provisions in regards to climate change. This legislation should:
Set Emission Reduction Targets: Issue binding emission reduction targets to gross polluting sectors using schemes like energy, transport and industry. This ranges from supporting policies aimed at encouraging the use of clean energy technology and the adoption of efficient energy practices.
Climate Adaptation Planning: Set up guidelines for overland climate improvement strategies at various forms of administrative, organizational, and business structures, targeting the incorporation of the climate adaptation strategies for urban development, agriculture, and infrastructure projects.
Enhanced Enforcement and Accountability: Boosting measures against non-compliance with emissions and environmental standard and regulation enforcements. This includes fine in case of non-compliance and, consistent check-ups on industrial pollution.
- Public Health Preparedness
Climate change threatens the population health of regions, especially those of the city and the areas that are directly affected by heat waves and other kinds of unfavorable weather conditions.The Climate Change Act should include provisions for:
Heat Action Plans: The plans meant for action during the heat waves in vulnerable cities must be put into action in order to protect the health of the residents. This entails creating spots with cool temperatures, raising the public’s awareness on this issue, and educating doctors and other healthcare workers on the symptoms and proper seeking and management of heat diseases.
Vector Control Programs: Enhance the implementation of infection control programmes to prevent the proliferation of ailments such as dengue and malaria that are inclined by climatic variations.
- Brick by Brick: Strengthening Resilience of Vulnerable Communities
That is why it is important to have a detailed plan of measures for increasing the resilience of farmers and coastal populations. The Climate Change Act should:
Promote Climate-Resilient Agriculture: Assist farmers to accept climate friendly practices in the use farming by encouraging them embrace climate change mitigation measures including rain water management, drought resistant crops and managing the conserve the soil.
Coastal Infrastructure Development: Ensure that expenditures and revenues are directed toward improving the ability of coastal fields and surrounding communities to withstand sea-level rise and more frequent and severe cyclones. These are in the form of warning systems, which are forecasting mechanisms that alert the public before occurrence of disasters such as floods; physical structures such as Japanese-style seawalls for protection against storm surges; and education, training and awareness through community-based disaster preparedness.
- Media and Public Awareness
It was observed that despite its significance, information dissemination and participatory communication for creating awareness and influencing people to adopt environmentally sustainable behaviour was lacking. The Climate Change Act should encourage:
Climate Communication: Support grass-roots climate reporting and advertisement through educating people on the effects that climate change has on them and possible ways to reduce this problem.
Capacity Building: Cultivate best practices among the journalists and other media personnel in order to present facts about climate science and its effects to various regions.
Conclusion
Therefore, it can be concluded that climate change legislation in India cannot just be viewed as a legal process but as responsibility, motivated by needs to protect the environment, the health of people, and maintain sustainable development in the country. An effective legal framework in the shape of Climate Change Act coupled with strict legal compliance measures and public engagement is essential to deal with all the climate change issues which are intertwined with each other.
Given this urgency, it is up to the central government, state authorities, civil society NGOs, and private capital to collaboratively promote climate resilience, sustainability, and growth in India. There is no better time than the present to step up to the plate and provide individuals and entities with the impetus to fight for a better world through the establishment of significant climate legislation.
This blog is authored by Samiksha, student of Hidayatullah National Law University, Raipur.