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Ridhima Pandey v. Union of India - appeal

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Ridhima Pandey v. Union of India - petition

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Ridhima Pandey v. Union of India - order

Ridhima Pandey v. Union of India - Other

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Ridhima Pandey, a nine-year-old from the Uttarakhand region, is the named plaintiff in a climate change case filed in March 2017 with the National Green Tribunal of India. Plaintiff’s petition argues that the Public Trust Doctrine, India’s commitments under the Paris Agreement, and India’s existing environmental laws and climate-related policies oblige greater action to mitigate climate change. It also argues that the term “environment,” as used in the Environment (Protection) Act 1986, necessarily encompasses the climate. 

The case was brought pursuant to section 2(m) of the National Green Tribunal Act 2010, which authorizes claims that raise “a substantial question relating to the environment.” In addition to those legal provisions, the petition cites the principles of sustainable development, precaution, and intergenerational equity, as well as judicial decisions based on similar legal principles in the Netherlands (Urgenda Foundation v. Kingdom of the Netherlands), Pakistan, (Leghari v. Pakistan), and the U.S. (Juliana v. United States). Pandey argued that she, along with all children and future generations, had the right to a healthy environment under the principle of intergenerational equity. Pandey also argued that climate change affects children disproportionately. Children were more vulnerable to impacts like heat waves, displacement, diseases, and malnutrition. As climate was an inherent part of the environment, she asserted that safeguarding the environment and protecting forests was critical to addressing climate change.

The petition notes that India is the third-largest national emitter of greenhouse gases (behind China and the U.S.) and among those countries that are most susceptible to adverse climate change impacts. It identifies 1° degree Celsius or 350ppm of atmospheric carbon dioxide as the critical pair of thresholds for India (and the world) to avoid exceeding for the sake of avoiding severe climatic changes—facts described in the petition as rooted in “[t]he best climate science.” To remedy the alleged injury to the present and future climate, the petition asks the court to order the national government to undertake a variety of measures, including but not limited to inclusion of climate change in the issues considered by environmental impact assessments, preparation of a national greenhouse gas emissions inventory, and preparation of a national carbon budget against which particular projects’ emissions impacts can be assessed.

On January 15, 2019, the National Green Tribunal dismissed the case, reasoning that the climate change is already covered in the process of impact assessments under the Environment Protection Act of 1986, and therefore, "There is no reason to presume that Paris Agreement and other international protocols are not reflected in the policies of the Government of India or are not taken into consideration in granting environment clearances."

The petitioner has appealed the decision of the NGT before the Supreme Court of India. The Supreme Court has appointed two amici curiae and directed the Union government to file a compilation of all relevant Rules and Regulations concerning Carbon Emissions. On February 21, 2025, the Supreme Court issued notice in the matter and made the following key observations:

1. While considering that India has ratified and incorporated the UNFCCC and Paris Agreement nationally through various initiatives, court recognises that the enforceability and binding force of these initiatives must be examined.

2. Court also noted that a meticulous examination of the existing environmental statutes is necessitated “with a view to incorporating climate-centric mandates.”

3. Court also recognised synchronisation of the institutional framework under various ministries, who are currently “[appear] to be working in silos.” As such, it directed 8 Indian ministries to be impleaded as parties.

The appeal before the Supreme Court (Civil Appeal 388/2021) is active. Multiple orders show the matter being listed for hearing, interventions/impleadments of ministries, and directions being issued. The case is in the stage of judicial proceedings. There is no final judgment on the substantive climate obligations sought by the petitioner.

Ridhima Pandey v. Union of India

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives