Historic ICJ Ruling Elevates Clean Environment To Human Right: A Game-Changer For India, Global Climate Justice

Setting a new precedent in global climate law, the International Court of Justice (ICJ) affirmed the right to a "clean, healthy and sustainable environment" as a fundamental human right, in a landmark opinion issued on 23 July 2025. This non-binding ruling prompted by a 2023 UN General Assembly resolution with the backing of more than 130 Vanuatu countries initiated by Vanuatu reinforces state obligations to fight climate change and protect vulnerable communities.

 A 500-page advisory the ICJ's landmark opinion addresses two crucial questions - first the states' legal duties under international law to protect the climate, and the consequences of failing to do so. The court ruled that countries must take "appropriate action" to reduce greenhouse gas emissions this includes a framework for fossil fuel production, consumption and subsidies. Failure to act, it said, "may constitute an internationally wrongful act," opening the door to reparations for affected nations. Click here to read the full advisory. https://www.icj-cij.org/node/202870

ICJ President Yuji Iwasawa said to Reuters that the human right to a clean, healthy and sustainable environment is essential for the enjoyment of other human rights. By saying this, he connected it directly to the rights to life, health, and a decent standard of living.

While, Climate Change Minister of Vanuatu, Ralph Regenvanu called it a "milestone for climate justice," saying, "It confirms what vulnerable nations have long argued states are legally bound to act on climate change." This ruling is a major win for his nation Vanuatu, which face existential threats from rising seas despite contributing little to global emissions.

 The opinion also sets a strong example for future legal action against major polluters. Regenvanu did not rule out suing high-emitting countries like Australia, a major fossil fuel exporter.

US and China, its current dependence on coal and rapid industrialisation draw global attention. The ICJ's principle of "common but differentiated responsibilities" supports India's stance that developed nations bear greater climate responsibility. Yet, the call for decisive action challenges India to fast-track its clean energy transition.

Before this opinion, India's judiciary had already taken note of climate change. In March 2024, the Supreme Court of India recognised freedom from climate harm as a fundamental right under Articles 14 and 21. Chief Justice D.Y. Chandrachud said that without a clean, stable environment, the right to life is not fully realised. The case, which originally focused on saving the Great Indian Bustard, later expanded to include broader climate responsibilities, as the ICJ linked climate action with human rights.

Ambitious renewable targets and net-zero pledge by 2070 of India show our intent and sincerity, but the ruling urges stronger enforcement and ecosystem protection beyond carbon metrics.

The ICJ decision connects deeply with people in India who are most affected by climate change-like Adivasi communities, women, and those from lower castes who face the worst problems. Poonam Singh, environmental journalist and editor of Responsibleus, said, "India's Supreme Court has said climate change is a human rights issue. Now, the ICJ has backed this idea worldwide, giving a strong legal way to hold governments responsible." She also asked India to reconsider its move from being careful in advance to fixing damage after it happens. This new way focuses on dealing with problems only after they occur, which goes against the ICJ's approach of taking action early to prevent harm.

This opinion is a powerful and official explanation of international law that countries have to take seriously. It is not only about setting future climate goals but also talks about the responsibility countries have for the damage they've already caused in the past.

For a country like India, which is faced with grave problems like air pollution, extreme heat, and floods, this ruling can be a booster in a positive direction. It gives people a stronger legal reason to question and challenge poor climate policies in court, and demand better action from the government.

India faces serious climate difficulties, like deadly heat, rising sea levels in Lakshadweep, and major floods. The ICJ's ruling, along with India's court actions, gives a chance to improve environmental laws and support global climate justice. But India's heavy use of coal, as noted by the Supreme Court, conflicts with its clean energy plans, showing the struggle between development and sustainability.