ijalr

Trending: Call for Papers Volume 5 | Issue 4: International Journal of Advanced Legal Research [ISSN: 2582-7340]

ACT OF GOD: NOT THE DUMPING EXCUSE CLIMATE CHANGE IN CONSTITUTION: MOBILIZING PUBLIC PARTICIPATION FOR CLIMATE ACTION IN INDIA – Hana PP, Meha C & Shalin Jose

ABSTRACT

In the dialogue sketching environmental degradation and climate change, the doctrine of “Act of God” often serves as a convenient excuse for negligence, shifting blame away from human actions and/or its lack thereof. However, in the context of rising climate crises, it is vital to challenge this narrative and rethink our understanding of environmental citizenship. This paper aims at establishing an intersection between constitutional legal frameworks, grass-roots application, and environmental stewardship in India.

The Indian Constitution enshrines principles of environmental protection and sustainable development as fundamental rights and duties of its citizens. Articles 14, 21, 48A and 51A(g) mandate the state and citizens to protect and improve the environment. Yet, the reality on the ground often displays a set of contrary ideals, where the impacts of climate change are felt acutely. The current situation suffices to explain the catastrophic impacts of climate change, from intolerable weather patterns to extreme calamities. Hence this paper scrutinizes the disconnect between constitutional directions and environmental truths, highlighting the need for active citizenship to bridge this gap.

The sense of duty for environmental protection can only be introduced through various initiatives at the grass-roots level and by incorporating environmental literacy into primary as well as adult education. By instilling knowledge regarding the environment and the necessity of environmental protection in early levels, we can cultivate a generation of environmentally literate and conscious citizens, occasioning to a culture of sustainable development. Engaging public in decision-making and government-community collaborations can also further strengthen the enactment of environmental laws. With the emerging and prevailing digital era, we should also utilise the new platform for improving the efficiency of environmental laws.

In conclusion, this paper advocates for a re-evaluation of the “Act of God” doctrine within the framework of constitutional duties and environmental citizenship; including prevailing challenges to public participation in environmental protection and suggestive remedies for the same. By reframing it as a stimulus for proactive measures to address climate change, rather than a passive excuse for environmental harm, we can mobilize public participation and collective action towards a more just, equitable, and sustainable future for India and the planet as a whole.

Keywords– Act of God, Environmental Citizenship, Indian Constitution, Climate Action, Sustainable Development, Environmental Laws, Excuse.

INTRODUCTION

Future generation evolves from the existing. In the sphere of environmental accountability, the invocation of ‘Act of God’ as a vindication against answerability for environmental catastrophe has been a debatable and much exploited argument. The convergence of civic obligations, governmental execution, and the peremptory social partnership in addressing climate change in India is to be inquested. Our paper aims to shift the spotlight from the cliché notion to the question, Would the exhaustive living by the utter excuse of the notion – “Act of God” actually bear a life?