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GREEN JUSTICE FOR CLIMATE CHANGE – A STUDY OF INDIA’S CARBON FOOTPRINT REGULATION

GREEN JUSTICE FOR CLIMATE CHANGE - A STUDY OF INDIA'S CARBON FOOTPRINT REGULATION

Vanshika Ashu, 10th Semester, B.A.LL.B Student at Amity Law School, Amity University, Uttar Pradesh

Dr. Jyotsna Singh, Assistant Professor at Amity Law School, Amity University, Uttar Pradesh

This paper examines India’s regulatory framework for carbon footprint management through the lens of environmental justice, analyzing the constitutional foundations, statutory mechanisms, and judicial responses to climate change governance. Despite being the third-largest greenhouse gas emitter globally while contributing only 3% of historical emissions, India faces the dual challenge of sustainable development and environmental protection. The research identifies significant gaps in India’s climate governance, including the absence of comprehensive carbon-specific legislation, fragmented policy implementation, and weak enforcement mechanisms. Through analysis of landmark judicial interventions, international commitments under the Paris Agreement, and domestic policies like the National Action Plan on Climate Change, the paper evaluates the effectiveness of India’s current regulatory approach. The study of emerging climate litigation, particularly Ridhima Pandey’s petition, reveals the evolving judicial recognition of climate rights. The research concludes with recommendations for a dedicated Carbon Regulation Act, strengthened carbon pricing mechanisms, expanded judicial review of climate commitments, and rights-based approaches to climate justice that would align India’s domestic framework with global climate governance standards.

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Research Paper
LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 544-582.
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© Authors, 2024