Pandey vs. Union of India, Original Application No. 187/ 2017
The petition was filed by a nine-year old resident of the State of Uttarakhand seeking intervention of the National Green Tribunal to direct respondents to take effective, science-based action to reduce and minimize the adverse impacts of climate change in the country. The applicant alleges that she is directly affected by the adverse impact of climate change and rising global temperatures. As a young person, she is part of a class that amongst all Indians is most vulnerable to changes in climate in India yet are not part of the decision-making process. She alleges that the government has failed to take any effective science-based measure and there is a huge gap in the implementation of the environmental legislations. Without action by governments around the world to immediately start reducing carbon dioxide emissions and other greenhouse gases that cause climate change, in line with achieving global climate stabilization, children of today and the future will disproportionately suffer the dangers and catastrophic impacts of climate destabilization and ocean acidification. The applicant is represented by her Legal Guardian and Father, Mr. Dinesh Pandey. However, the tribunal dismissed the case, stating that they are of the view that the authorities acting under the Environment (Protection) Act, 1986, have to perform their obligation of impact assessment as per statutory scheme which is not under challenge. The issue of climate change is a matter covered in the process of impact assessment. Thus, they do not consider it necessary to issue any direction under section 14 and 15 of the National Green Tribunal Act, 2010. 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.