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An Overview of Climate Change Law and Policy Framework in India: Need for an Overhaul

by admin — last modified 2011-11-15 17:02

By. Devaprasad M. IInd year LL.M Student Research Fellow at Commons Cell

An Overview of Climate Change Law and Policy Framework in India: Need for an
Overhaul
 
By. Devaprasad M.
IInd year   LL.M Student
 Research Fellow at Commons Cell
1.Introduction
“Our people have a right to economic and social development and to discard the ignominy of widespread poverty. For this we need rapid economic growth. But I also believe that ecologically sustainable development need not be in contradiction to achieving our growth objectives.”[1] These are the words of none other than the most educated Prime Minister India have ever seen, Mr.Manmohan Singh, as quoted in the Ministry of External Affairs publication, ‘The Road To Copenhagen: India’s Position on Climate Change Issues’. This statement clearly depicts the dilemma India is facing as a developing country wanting to scale up the economic growth as an answer to poverty but also having to reconcile with the challenging issue of climate change caused by green house gas emissions. This is not a phenomenon limited to India only, as climate change cannot be no more considered to be a just an environmental issue but need to be perceived as one of the greatest challenge to developmental and governance aspects.[2] The United Nations Framework Convention on Climate Change (hereinafter referred to as “UNFCCC”), defines climate change as:“a change of climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable time periods”.[3]
India is the fifth largest emitter in the world[4] but at the same time India’s per capita emission is just one ton per person, which is way below the world average emission per capita emission of four ton per person.[5] The preceding sentence is a double sided coin, which could be actually used for or against India, but objectively looking at the statistics clearly shows us that the India’s green house gas emissions have increased by around fifty eight percent between 1994-2007.[6] Hence it is important for India to pro-actively take action so as to curb the green house gas emissions and not create additional emission. The pressure for concrete action to curb green house gas emission is mounting upon India, with India being recognised as important player at the international climate change negotiations and the developed countries looking towards emerging economies such as India to take higher pollution caps. 
In this context this paper look at 1) India’s obligation under the international climate change law and policy regime, 2) the present climate change legal framework in India and 3) improving India’s climate change legal and policy framework.
2: India and International Climate Change Legal Regime
This part looks into India’s obligation under UNFCCC, Kyoto Protocol and the analysis of the recent changes at Copenhagen and Cancun Conference of the Parties.
2.1 Overview of UNFCC
Due to the lack of institutional mechanism for environmental governance at the global level, it was United Nations who had to play the initiator role for the purpose of developing an international convention relating to climate change. UNFCCC is a significant outcome of the United Nations Conference on Environment and Development, Rio de Janeiro in June 1992 and the UNFCCC came into force on 21 March 1994[7] and today have around 192 parties. The UNFCCC tries to achieve the objective of stabilising the emission of greenhouse gases “‘at a level that would prevent dangerous anthropogenic interference with the climate system”.[8] Emphasis is laid upon the sustenance of the ecosystem and enabling economic development in sustainable manner. Article 3, UNFCCC, highlights the principles of inter generational equity, intra generational equity, precautionary principle and also introduces the concept of common but differentiated responsibilities.[9] Common but differentiated responsibilities is based on the concept of that most of the historical and present greenhouse gas emission is taking place due to the developed countries and even now the emission originating from the developing countries are less as compared to the developed countries but the emission from the developing countries will be increasing in their quest for social as well as developing needs and thus contributing towards the global emissions.[10]
2.2 Overview of Kyoto Protocol
The Kyoto Protocol which was enter into force on 16th February,2005, helped in stipulating binding emission targets against the 1990 level for the Annex I countries and firm targets to be met. Kyoto Protocol is based on the Berlin Mandate, by which it was decided at the first Conference of Parties (COP) that ‘appropriate action’ for would be initiated for the period after 2000 by the acceptance of a protocol or another legal instrument at its third session.[11] The detailed commitments of Annex I parties are set out in Annex B to the Protocol, according to which during the five years of the commitment period from 2008 to 2012, those parties will have reduced their emissions by an average of 5.2% from 1990 levels.[12] An important development brought about by the Kyoto Protocol is market-based mechanism into the international climate change law, which is referred to as flexibility mechanism or Kyoto mechanism. The Kyoto Protocol also divides the countries into Group 1, Group 2 and Group 3 countries representing, developed countries, countries with transition economies and developing countries respectively.[13] Group 1 and Group 2 countries have obligations to adjust the green house gas emissions to a percentage of 1990 levels, while there is no obligation for reduction of emissions upon the developing countries.
The Joint Implementation mechanism, one of the Kyoto mechanisms, actually provides for the Annex I country to transfer to, or acquire from, another Annex I country, reductions of the green house gas emissions, know as Emission Reduction Units, achieved by project activities.[14] The Emission Reduction Units may be made by any projects that reduce anthropogenic emissions of the greenhouse gases or which enhance the anthropogenic removal of such gases.[15] The Clean Development Mechanism allows the Annex I countries to finance emission reductions in developing countries which are not in the Annex I and do not have commitments under the Protocol to meet green house gas emission reduction targets and as a quid pro quo the developed countries obtain credits, called Certified Emission Reductions, which is used as set-off against their emission obligations.[16] Though Clean Development Mechanism is much lauded as tool for co-operation which helps the developing country to reduce emission, if looked from an objective lens, the Clean Development Mechanism reminds of toxic imperialism[17], as the developed countries could offset their emission obligation by funding the clean development projects in developing countries and thus in fact emit more.
2.3 India’s Obligation under UFCCC and Kyoto Protocol
India signed the UNFCCC on 10th June 1992 and ratified the same on 1st November 1993.[18] India being a Non-Annex I and Group 3 country under the present international climate change framework, there is no obligation upon India for the purpose of reducing the emission. The Ministry of Environment and Forest, act as the nodal agency for the purpose of climate change issues in India. India cannot be said to be pro-active in the climate change negotiations and have never assumed leadership positions in the COP. Except for having hosted the COP-8 at New Delhi, it is difficult to see leadership and significant role being assumed by India, in the case of climate change negotiations. This may be due to the developing country status of India. Further, India’s position has always been of adopting a defensive strategy on the basis of ‘historical responsibility’ and ‘common but differentiated responsibility’ principles.[19] This particular stance of India regarding climate change have been further reaffirmed by the Manmohan Singh’s Prime Minister address of G-8 nations in 2005, where he emphasized upon the aspect that India vouches for a fair and equitable climate change agreement as per the Principle 7 of the Rio Declaration and the historical responsibility and common and differentiated responsibility principle.[20]
But over the last decade, the entire dynamics of international climate negotiations has slowly changed as the present situation of greenhouse gas emission by emerging economies such as India and China has increased drastically due to the rapid industrialisation drive that is happening in these two countries. Statistics have played the trick of putting India in bad light with the reports stating that the greenhouse gas emission by India increased around 51% during the period between 1900-2000 and International Energy Agency stating that India would be the third largest emitter by the year 2015.[21] This changing perception that emerging economies like India is no more in the league of non-substantial emitters of greenhouse gas has led to pressure tactics by international community upon India and other emerging economies such as China to curb their emission. In this context it is important to look at India’s role at last two COP at Copenhagen and Cancun.
2.4 India’s Position at Copenhagen and Cancun COP
India has changed the stance regarding climate change issues from being a passive participant to that of taking leadership and stewardship positions by taking emission cut obligations at climate change negotiations. The Copenhagen and Cancun COP have witnessed this trend. 15th COP, a parallel negotiations by a group of twenty nine countries, including the BASIC countries: Brazil, India, South Africa and India[22] had led to an accord know as the Copenhagen Accord, the main objective of which is to decrease global emissions with an intention to grip the increase in global temperature below 2 degrees Celsius and also makes also makes a commitment to initiate action to meet this objective in consonance with science and equity.[23] 
Though there is severe criticism[24] as to legality and hurdles in the implementation of the Copenhagen Accord, the leadership role India has played in the negotiations along with BASIC countries and also officially supporting the Accord will have a huge impact in the climate change policy of India. India proclaimed commitment towards the decrease of green house gas emissions by voluntary measures which would consist of mandatory fuel efficiency standards and renewable energy initiatives and also committed for decreasing the emissions per unit of Gross Domestic Product by twenty to twenty five percent below 2005 levels by 2020.[25]
At the Cancun COP, India went a step ahead in its pro-active stance regarding climate change issues by showing willingness for legally binding obligations for emission cuts with Jairam Ramesh, then India’s Minister of Environment and Forest, stating that “all countries must take on binding commitments in an appropriate legal form”.[26] This is really a significant shift in the climate change policy for India, from being not ready to accept emission cut to that of voluntary emission cut at Copenhagen and expressing the willingness to take legally binding obligations for emission cuts at Cancun, especially since Kyoto Protocol’s initial commitment period[27] is set to end in 2012 and new emission reduction framework need to be worked out.
The discussion above actually depicts the changing stances and position of India from being a country having no legal obligation for decreasing the green house gas emissions to that of a country on the verge of accepting a legally binding emission cut commitment at the international level.
3: Present Climate Change Legal Framework in India
An enquiry into the present climate change legal framework in India is important as it would help in understanding the implications of the international climate change law in the domestic situation and also help in stock taking of the present legal framework in India.
India is still to come up with a comprehensive law for the purpose of dealing with climate change emission. The existence of strong environmental laws in India also influences in reducing the climate change emissions to a certain extend.[28] There have also been many policy responses under the various environmental and other sectoral legislations so as to tackle the climate change. Since there is no particular comprehensive or framework legislation at the national level regarding the climate change, this parttries to look at the various legislative and regulatory measures and policy instruments which have influence upon climate change issues and also points out the lacunae in the present framework.
3.1 Present Legislative and Regulatory Measures and Policy Instruments
The present legislative and regulatory framework having implications upon the climate change would consist of the following legislations: Environment (Protection) Act, 1986; the Air (Prevention and Control of Pollution) Act, 1981; the Indian Forests Act, 1927; the Forest (Conservation) Act, 1980; and legislation related to energy, which consist of the Energy Conservation Act, 2001.[29]
Environmental Legislations and Policy Measures
Air (Prevention and Control of Pollution) Act, 1981, lays down the institutional and regulatory framework which would restrict the emission of gases from automobiles and that of industries.[30] This restriction of emissions would have impact on the green house gas emissions as transportation and industrial emissions are two important sectors that have substantial contribution towards the green house gases.
The Motor Vehicles Act,1988[31], also comes into play in reduction of emissions from automobiles as central government is provided with the power to makes rules for regulating emissions. Pursuant to this power the emission norms such as Euro-I, Euro-II have been introduced. Further regarding certain industries there are also sectoral policies in existence, such as the National Steel Policy, 2005, which emphasis on the importance of reducing emission as a matter of environmental concern.[32] 
The Environment Protection Act, 1986 also empowers the central government to “lay down standards for emission or discharge of environmental pollutants from various sources whatsoever”[33] so as to take measures for protecting and improving the environment. The National Environmental Policy,2006 clearly acknowledges the “likely adverse impacts on India's precipitation patterns, ecosystems, agricultural potential, forests, water resources, coastal and marine resources, besides increase in range of several disease vectors”[34].The National Environment Policy mentions the following significant aspect as response measures to climate change: priority of right to development and adherence to principle of equal per-capita entitlement of global environmental resources to all countries; the need to identify areas of vulnerability and to assess the need for adaptation through watershed management, coastal zone planning and regulation, forestry management, agricultural technologies and practices, and health programs; and the mechanisms for Indian industry to benefit from the Clean Development Mechanism.[35] 
The Indian Forests Act, 1927, the Forest (Conservation) Act, 1980 which contains provisions for the protection of existing forest areas and the National Forest Policy, 1988, which aims at afforestation and coverage of one-third of the land area of India under forest or tree cover, is important in context of the Reducing Emissions from Deforestation and forest Degradation (REDD) and REDD plus approach[36] emphasising on conservation, sustainable management of forests, increase in forest cover.
Energy Related Legislations and Policy Measures
The Energy Conservation Act, 2001 is a significant legislation in India with respect to energy sector and has influence upon climate change also. This legislation provides a framework for the efficient use of energy and its conservation and hence would have impact upon green house gas emissions in India. The legislation also empowers the government to provide for energy consumption standards for and also establishes the Bureau of Energy Efficiency (BEE) as an institutional mechanism.[37] BEE has developed minimum energy performance standards and labelling design for equipment and appliances and specific Energy Conservation Building Codes, which lays down standard for commercial building for efficient use of energy.[38]
Further the Integrated Energy Policy proposed by the planning commission, has emphasised upon the stipulation of tax on non-renewable fuels that cause environmental damage and give subsidies to clean energy.[39] The newly adopted National Biofuel Policy aims at mainstreaming of biofuels to substitute petrol and diesel for transport contributing to energy security, climate change mitigation leading to sustainable environmental development.[40]
As mentioned before, India is yet to come up with a comprehensive legislation dealing with climate change. However in 2008 India has adopted an National Action Plan on Climate Change, 2008  with objective of migrating to a less carbon-intensive development pattern and renewable sources of energy and thus reach high energy efficiency. The action plan tries to tackle the issues of climate change mitigation and adaptation, by way of eight missions: (i) pursuing solar energy; (ii) urging energy efficiency; (iii) creating a sustainable habitat; (iv) conserving water; (v) preserving the Himalayan ecosystem; (vi) creating a green India; (vii) creating sustainable agriculture; and (viii) establishing a strategic knowledge platform for climate change.[41]
This part shows that though India does not have comprehensive climate change legislation, one cannot say that India’s legal and policy framework is not at all equipped to for dealing with climate change issues, energy conservation, the green house gas emissions and renewable energy[42]. India’s legal and policy framework is highly fragmented and need fine tuning for the purpose of being effective, especially for seeing the possibility of accepting a legally binding emission reduction obligation at the international level.
4: Improving India’s Climate Change Legal and Policy Framework
This part is an attempt to bring out issues that need to address so as to fine tune and fix the loopholes and develop an effective legal and policy framework regarding climate change for India.
4.1 Improving the Policy Framework
Amongst the policies discussed, only the National Action Plan on Climate Change, 2008 and the National Environmental Policy, 2006 have specific acknowledgement of the climate change issues. Regarding the National Environmental Policy, 2006, the climate change issue is very vaguely mentioned without any clear cut plan as to how the emissions from different sectors such as industry, transportation and energy would be tackled and also there is no prioritization of action for mitigation and adaptation to the climate change. The National Action Plan on Climate Change also do not provide outcome with any concrete steps and also fails to present any targets for emission reduction and no time lines for any actions have been mentioned. Questions are raised regarding the lack of proper institutional framework for implementation and monitoring of the eight missions and other proposals under the National Action Plan on Climate Change and also the budgetary allocation for the implementation of the plan is a matter of concern.[43] As mentioned before, India has committed on voluntary basis for decreasing the emissions per unit of Gross Domestic Product by twenty to twenty five percent below 2005 levels by 2020.[44] But without any concrete emission reduction targets and timelines achieving this target seems highly unlikely.
4.2 Improving the Legal Framework: Need for a Comprehensive Law
The approach India is right now adopting for reducing the green house emission causing climate change is quite scattered[45] with no particular legal framework for co-ordinated effort and regulating the various sources of the emission. An important solution that needs to be adopted for the serious lacunae of co-ordinated approach is the introduction of a strong comprehensive law on climate change. Significant issues that the comprehensive climate change legislation needs to address are discussed below.
Obligations and Institutional Mechanism The comprehensive law on climate change need to clearly lay down the obligations regarding the cutting down the emissions and also have to come up with an institutional mechanism in place for the purpose of taking responsibility and having the power to co-ordinate all the activities. The institutional mechanism would have to provide with power to come up with implementation guidelines that need to be followed by the different sectors such as transportation, energy, steel industry and other industries that act as source for the emission and also to form guidelines for Clean Development Mechanism and REDD. It is also important for the comprehensive law to harmonize with already existing laws such as the Energy Conservation Act, 2001 and important to introduce mix of incentive and penalty based mechanism for the implementation of the various guidelines. Further, it is important for the law to conceive mechanism by which there would be periodical revision of the target of the emission that needs to be reduced.
Emphasis on Renewable Energy and Integrated Energy Planning The key aspect of the development of the Indian economy is carbon-based, since it is driven by energy from coal, oil, and natural gas. There is need for the economic growth to be de-linked substantially from green house emissions and for this there need to be pro-active emphasis upon the renewable energy in the comprehensive climate change law which would help in achieving the sustainable energy development.[46] For sustainable energy development there is need for integrated energy planning where the conflicting interaction within the energy sector and also the interaction of energy sector with the rest of climate sensitive sectors such as transport, industry are reconciled on the basis of sustainable development principles, environmental and climate change considerations.[47] Hence the integrated energy planning also needs to be provided for in the comprehensive climate change law.   
Rights Perspective Climate change as a phenomenon would be impacting human rights directly and indirectly. The impact would be on multitude of human rights, such as right to health, right to housing and right to livelihood.[48] Importance of these rights could be well perceived from the Universal Declaration of Human Rights, 1948, International Covenant on Civil and Political Rights, 1966 and International Covenant on Social, Economic and Cultural Rights, 1966 and other international human rights instruments providing for the protection of these rights. The direct and indirect impact upon the human rights implications of climate change is well acknowledged by resolutions 7/23(2008) and 10/4(2009)[49] of the Human Rights Council and study conducted by International Council on Human Rights Policy.[50]  When it comes to climate change and the rapid rate at which climate change is causing crisis, there is need for a pro-active rights based approach towards the climate mitigation and adaptation policy both at international level as well as national level. As of now the entire focus of the climate change regime is to reduce the emission but the impact of climate change upon the human rights is yet to be perceived and find place in the policy and legal framework in a concrete way. The issues that come up are the accountability aspect of state when adverse impact of the climate change takes place as there is no much clarity as to how the human rights of the climate change victims could be protected. The adverse impact of climate change is quite devastating that at most times, it is a vanishing point of most of the conventional principles such as polluter pays as the culprit cannot be pinned down to one individual as it is diffused. Hence the comprehensive climate change law needs to address this issue of accountability of state due to violation of human rights by climate change impact.  
Addressing the issue of accountability of state due to violation of human rights by climate change impact in the comprehensive climate change is also important from the constitutional perspective[51] also as most of the human rights that will be affected, such as the right to livelihood, health, food and basic necessities are accepted to be fundamental rights under the Indian Constitution, especially due to the wide interpretation of the Article 21 of Constitution of India, 1950. This may lead to much litigation for enforcement of these rights infringed due to the climate change impacts. It would be difficult for the judiciary to enforce these rights against the state in case of violation due to the climate change impacts. Hence if the comprehensive legislation clearly defines the accountability in the event of the violation, there would be much clarity and efficiency.
Climate Change Induced Migration Lack of protection in the event of grave breach of the human rights by climate change would lead to a situation of extreme vulnerability especially of the marginalised communities of various developing countries and the extreme conditions would induce them to resort to migration.[52] Various factors such as poverty, gender, minority and disability would further add to the vulnerability of people who would be forced to migrate. This is an issue that is seriously being debated at the international level also due to lack of clarity as to the status of cross border migrants seeking refugee status, since the Refugee Convention,1951 do not recognise migrants as a result of climate change.[53] Further the international legal regime for climate change under UNFCC also is silent on this regard. The problem India would be facing would be of climate induced migrants who would be citizens and climate induced cross border migrants who would be seeking refugee status. Regarding the climate induced migrants who are Indian citizens, there need to be provision for their protection in the comprehensive climate change law and regarding cross-border migration there need to be consensus building at global level. Climate change equity should not be restricted to determining the burden of cutting down the emission but it should also be in protecting the climate change induced migrants.
The discussion above tries to highlight certain issues that would contribute towards fine tuning the climate change legal and policy framework in India. These are just pointers towards the way forward for India’s climate change law and policy framework. 
5. Conclusion and Suggestions
The discussion on the changing dynamics of climate change law and the position of law has given us the understanding that the status of India being a country with no obligation for green house gas emission cut would not be lasting long and moreover India agreeing to voluntary cut of emissions would have repercussions in India’s climate change legal and policy framework. The existing legal and policy framework, though a scattered and fragment approach have at least acted as a north star, showing the path India’s legislative and policy formulation should be moving forward. The importance of a comprehensive climate change which will strengthen the legal and policy framework is the need of the hour.
Suggestions
1)    India should prepare for accepting legally binding green house gas emission cut and play leadership role in negotiating a new arrangement for legally binding emission cut. India should fine tune the domestic legal and policy framework for this purpose. 
2)    India’s present legal and policy framework for climate change have a fragmented and scattered approach and lacks effectiveness and need to be streamlined and fine-tuned. Comprehensive climate change legislation could be the answer to the present situation.
3)    The comprehensive climate change legislation need to: a) clearly defines the obligations of cutting down the emission, b) lay down the institutional mechanism for monitoring and implementation, c) emphasis upon renewable energy and integrated energy planning, d) brings in rights perspective and also encapsulate the aspect of climate change induced migration.
  
 

[1]The Road To Copenhagen: India’s Position on Climate Change Issues, Ministry of External Affairs, Available at http://pmindia.nic.in/Climate%20Change_16.03.09.pdf (Last accessed on 03.08.2011)
[2]Sunita Narain, Prodipto Ghosh, et al, Climate Change: Perspectives From India, UNDP India, Available at www.undp.org.in/content/pub/ClimateChange/UNDP_Climate_Change.pdf (Last accessed on 03.08.2011)
[3] Cartins J Jepma, Mohan Munasinghe, CLIMATE CHANGE POLICY: FACTS, ISSUES AND ANALYSES, 9 (1998).  
[4] Jonathan Watts, India Discloses Carbon Emissions for First Time in More Than Decade. The Guardian, May 2010, Available at http://www.guardian.co.uk/environment/2010/may/25/india-carbon-emissions (Last accessed on 03.08.2011)
[5] Malti Goel, Recent Approaches in CO2 Fixation Research in India and Future, 97 Current Science, 1626 (2009) Available at http://www.ias.ac.in/currsci/dec102009/1625.pdf (Last accessed on 04.08.2011)
[6] Sonali Chitre, India’s Role in an International Legal Solution to the Global Climate Change Problem, Available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1802862 (Last accessed on 28.07.2011)
[7] Essential Background on UNFCCC, Available at http://unfccc.int/essential_background/convention/items/2627.php (Last accessed on 03.08.2011)
[8] Article 2, UNFCCC.
[9] Article 3, UNFCCC
[10] Supra n.6
[11] David Freestone, The International Climate Change Legal and Institutional Framework: An Overview, Available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1481565 (Last accessed on 28.07.2011)
[12]Ibid
[13] Supra n.6.
[14] Article 6, UNFCCC
[17] David Harvey, Environment of Justice, Reading material for Human Rights and Environment Course,2011 NLSIU
[18] India and UNFCCC, Ministry of Environment and Forest, Available at http://envfor.nic.in/cc/india_unfccc.htm  (Last accessed on 03.08.2011)
[20] Supra n.6
[21]Malini Mehra, India: Emerging Leadership on Climate Change, HEINRICH BÖLL FOUNDATION, Available at http://www.boell-india.org/downloads/hbf_India_Climate_Policy_Framework_final(2).pdf,(Last accessed on 03.08.2011)
[22] Lavanya Rajamani, Neither Fish Nor Fowl, Seminar, February 2010 , Issue Theme: Climate Change Conundrum Available at http://www.india-seminar.com/2010/606.htm  (Last accessed on 03.08.2011)
[23]Gautam Dutt, Reaching a Climate Agreement: Beyond the Copenhagen Accord, 17 Economic and Political Weekly, 32 (2010).
[24] See Supra n.22
[25] Supra n.6
[26] Supra n.23
[28] Bharat Desai, Strengthening Legal and Policy Frameworks for Addressing Climate Change in Asia: India, Available at http://www.unep.org/dec/PDF/Casestudies/CCIndiadraft.pdfSonali  (Last accessed on 03.08.2011)
[29] Ibid
[30] Section 20 and Section 22 of Air (Prevention and Control of Pollution) Act, 1981 
[31] Section 110 of Motor Vehicles Act,1988.
[32] Clause 11 of the National Steel Policy, 2005. Available at http://steel.nic.in/nspolicy2005.pdf (Last accessed on 03.08.2011)
[33] Section 3(2) of Environmental Protection Act, 1986.
[35] Ibid
[37] Section 14 and Section 3 of the Energy Conservation Act, 2001.
[38] See BEE website, http://www.beeindia.in/
[40] National Policy on Biofuels, Adopted by Government of India, Ministry of New and Renewable Energy, Adopted on 24 December 2009
[41] National Action Plan on Climate Change, 2008, Available at http://pmindia.nic.in/Pg01-52.pdf (Last accessed on 03.08.2011)
[42] See Supra n.2. This article by Prodipto Ghosh, explains the myth existing that there is no particular legal or policy framework regarding climate change or renewable energy in India.
[43] Supra n.28
[44] Supra n.6
[45] Supra n.28
[46] Supra n.3 at 113
[47] Supra n.3 at 113-115
[48] Climate Change and Human Rights: A Rough Guide, International Council on Human Rights Policy, Available at http://www.ichrp.org/en/projects/136#  (Last accessed on 03.08.2011)
[50] Supra n.48.
[52]Frank Laczko and Christine Aghazarm (Edited), Migration, Environment and Climate Change: Assessing the Evidence, International Organisation for Migration, Available at http://publications.iom.int/bookstore/free/migration_and_environment.pdf (Last accessed on 03.08.2011)
[53] Ritumbra Manuvie, Climate Change Victimization: Relooking The Refugee Convention, Available at http://www.ehs.unu.edu/file/get/5409 (Last accessed on 03.08.2011)