Climate Change and Justice Unravelling the Enigma with a Jurisprudential Analysis
Hidayatullah National Law University, Raipur, India
Volume II – Issue II, 2020
Justice has always been a beacon of light amidst all adversities. It is a basic tenet for formulation of law governing vast discrepancies present in a society. With the advent of globalization and advancement in technology, the recent trend has witnessed debates revolving around global climate change and has raised pertaining questions regarding intergenerational justice in a world full of the vast discrepancy between the causes and effects of global warming and other factors leading to climate change. With the growing instances like forest fires, floods, uneven rainfall, high temperatures etc. has further added to several remarkable concerns regarding those responsible for climate change and those affected by the same. Therefore an urgent need is felt to mainstream the theories of justice in the light of climate change
Starting from the ancient Greek philosophers like Aristotle to contemporary thinkers like John Rawl, the idea of justice has evolved over time. Aristotle advocated his criteria for justice by treating equals equally and un-equals unequally by divided justice into distributive and correctional justice. John Rawl, on the other hand, linked the concept of distributive justice with fairness. Their concepts should be taken earnestly to ensure equitable distribution of funds and effective participation of those affected and those responsible for climate change. Further, the theories propounded by more contemporary thinkers like Martha Nussbaum and Amartya Sen should be deliberated to give a minimum amount of dignity of individuals to protect their capabilities.
This paper argues that India too should adopt such kind of refreshing approach towards climate change. It should harness the use of technology and other state and non-state actors by creating a strong climatic infrastructure by acting as a strong facilitator and enabler. This understanding is reached after analyzing several theories of justice.