Conclusion

The Government and judiciary have taken several steps to combat the level of air pollution in the city during the last ten years. The benefits of air pollution control measures are evident in the readings recorded by various governmental agencies.40 However, more proactive steps need to be undertaken to further reduce the levels of air pollution. The measures already in force need to be strengthened and their scope needs to be magnified to a larger scale. The legislative and judicial efforts alone are not sufficient, participation of the community is crucial in order to make a palpable effect in the reduction of pollution.

Health, as we all know, is an all-pervasive subject, lying not only within the scope of the health department but with all those involved in human development. Many great scholars from Buddha to Hippocrates have emphasised the importance of environment in the health of the individual. Therefore, it is the duty of every citizen to think in a broader perspective and take appropriate steps to control pollution, in order to prevent our future generations from living in an unhealthy environment, plagued with respiratory diseases and lung problems. Delhi has seen an unprecedented population rise and it is expected to increase by a further 40% by 2021 due to the migration of people to the capital. Such rapid urbanisation has led to pressure on existing infrastructure, deforestation and a greater susceptibility to both man-made and natural disasters.

The importance of urbanisation and climate change as critical business issues cannot be underestimated – with implications across all industry sectors and reaching right up to the highest echelons of corporate leadership. With new forms of legal action currently being launched against more types of defendants in more jurisdictions, and historic as well as future liabilities at stake, ignoring such risks is not a viable option. A proactive judiciary to help protect the fundamental rights enshrined in the Constitution of India has led to a wide range of measures being taken by the government and environmental protection bodies. As the problem grows, so do public calls for more to be done, and resulting government legislation, regulation and policies. In these circumstances, corporates in various sectors need to focus on continuously transitioning in their mode of operations to maintain symphony with the legislative reforms.

The Honourable Supreme Court of India in their quest for environmental governance recently observed the following:

“Environmental governance is founded on the need to promote environmental sustainability as a crucial enabling factor which ensures the health of our eco system. Since the Stockholm Conference, there has been a dramatic expansion in environmental laws and institutions across the globe. In many instances, these laws and institutions have helped to slow down or reverse environmental degradation. However, this progress is also accompanied, by a growing understanding that there is a considerable implementation gap between the requirements of environmental laws and their implementation and enforcement – both in developed and developing countries alike. The environmental rule of law seeks to address this gap. The environmental rule of law becomes a priority particularly when we acknowledge that the benefits of environmental rule of law extend far beyond the environmental sector. While the most direct effects are on protection of the environment, it also strengthens rule of law more broadly, supports sustainable economic and social development, protects public health, contributes to peace and security by avoiding and defusing conflict, and protects human and constitutional rights. Similarly, the rule of law in environmental matters is indispensable “for equity in terms of the advancement of the Sustainable Development Goals63, the provision of fair access by assuring a rightsbased approach, and the promotion and protection of environmental and other socioeconomic rights.”⁴¹

Indian courts are witnessing a great number of climate-related cases since activists seek to open new fronts with new class actions. Clyde & Co has been tracking the wave of litigation and the risks of climate liability to businesses around the world.42 New waves of litigation, new regulation and new duties of care may in turn shift the risk landscape for firms, lenders and their insurers operating in India. Cities like Delhi taking due consideration around responsibility, risk and resilience are fundamental to developing best practice and protecting against the long tail of potential liability. As a leading law firm, Clyde & Co, in association with CSL Chambers is committed to supporting initiatives that facilitate greater resilience in the developed and developing world. Helping businesses deal with the multi-faceted effects of urbanisation and climate change is an area where Clyde & Co is particularly active, with extensive experience advising a range of clients in many sectors on the complex issues it raises and how to adapt to these disruptive forces.

⁴¹ Hanuman Laxman Aroskar vs Union Of India, Civil Appeal Nos. 12251 of 2018 and 1053 of 2019
⁴² https://resilience.clydeco.com/videos/climate-change-a-burning-issue-for-businesses-and-boardrooms
⁴³ www.clydeco.com/resilience