Author Details:

1. Devansh Sarswat
Address: SP Residency, Tingre Nagar, Lane no.1, Pune, Maharashtra

Contact no: 9784140351

Email: devanshsarswat777@gmail.com

2. Gourav Gulati
Address: SP Residency, Tingre Nagar, Lane no.1, Pune, Maharashtra

Contact no: 9784140351

Email: gouravgulati28@gmail.com

TITLE- CLIMATE CHANGE, GLOBAL WARMING: EFFECT ON INDIAN

AGRICULTURE, IMPACTS, VULNERABILITY AND LEGAL CONTROL

KEYWORDS- Global Warming, Agriculture, Legal Control

 CLIMATE CHANGE, GLOBAL WARMING: EFFECT ON INDIAN
AGRICULTURE, IMPACTS, VULNERABILITY AND LEGAL
CONTROL

INTRODUCTION

As per UNDP’s Human Development Report (HDR), 2007/2008, “Climate Change is the
defining human development issue of our generation”. This problem is not one which a
single nation is facing rather the whole world is affected by this menace. Earth’s Climate is
changing at an unprecedented rate, since the beginning of the evolution of the earth, 4–5 billion
years back, but presently it gained pace due to unintentional anthropogenic disturbances and
caused global warming since the mid-20th century1, and these frequent changes in the climate
pattern may bring the adverse effect on the global health and security. Today, however, it
is not only the air, or water that are polluted, but the whole atmosphere is prone to pollution to
some extent and this resulted in other cascading consequences in the form of change in the
pattern of rainfall, melting of ice, a rise in the sea level etc. The above diverse interactions
among air composition, atmosphere change, human, plant and creature well-being should be
examined and plausible answers for the undesirable changes may be sought.
Human activities like production, transport, burning of fuels are adding umpteen dangerous
pollutants to the atmosphere which in turn gives rise to global warming. The global warming,
brought about by the development in the climate of carbon dioxide (C02) and other
"greenhouse gases2," presents a grave hazard to the global population, and to both the
life-supporting environment of our planet and the essence of global law and institution.
Global warming is unavoidable, the atmosphere is warming at an alarming rate and this will

1
. IPCC fourth assessment report [ARA], IPCC, https://www.ipcc.ch/pdf/assessment-
report/ar4/syr/ar4_syr_full_report.pdf, Fourth report of UN IPCC [2007] on climate changes.
2
. THE CHANGING ATMOSPHERE: IMPLICATIONS FOR GLOBAL SECURITY (July 5,
1988), held in Toronto, Canada on June 27-30, 1988, reprinted in SELECTED LEGAL
MATERIALS, 3 AM. U.J. INT'L L. & POL'Y 515, paras. 16-17 (1990) [hereinafter To-
RONTO CONFERENCE STATEMENT].
further continue. By the year 2050 scientist predict that the world will be warmer by an average
between 1.50C and 4.50C.

The vulnerability is how much a framework is helpless to, or not able to adapt to antagonistic
impacts of environmental change, including climate fluctuation and extremes. Vulnerability to
climatic changes varies across different regions, areas, and places.

Climate change is a worldwide challenge that does not respect national borders. Emission
anywhere influences individuals everywhere. It is an issue that requires a solution and that
should be addressed at the worldwide level. To address environmental change, nations
embraced the Paris Agreement at the COP21 in Paris on 12 December 2015. In the
arrangement, all nations consented to work to restrain worldwide temperature ascend to
well beneath 2 degrees Celsius, and given the grave dangers, to take a stab at 1.5 degrees
Celsius3. Execution of the Paris Agreement is basic for the accomplishment of the
Sustainable Development Goals and gives a guide to atmosphere activities that will
diminish emission and build climate resilience4. Covenants, foundations, and base to
enhance the clean and safe environment, developments and proper administration of
these matters should be advancing today. Such activities will likewise assemble strength
to adapt to the future effects of climatic change.

This research focuses on the climate changes and global warming around the world which
in turn affect the Indian agriculture to large extent. It's reasonable to accept that changes in
the sun's energy output would bring about the atmosphere to change since the sun is the crucial
source of energy that drives our atmosphere framework.

Indeed, studies demonstrate that solar changeability has played a vital part in past atmospheric
changes. For instance, a reduction in solar activity is thought to have set off the Little Ice Age
between roughly 1650 and 1850, when Greenland was mostly cut off by ice from 1410 to the
1720s and glaciers advanced in the Alps5. Particularly the Indian agriculture is largely affected
by climate change. Innovation in the technology and agricultural practices can play a vital role
in defeating the menace of climate change but for a developing country like India this
adaptation of technology is not straightforward process where agricultural productivity stays

3
. UN Sustainable Development Homepage, SUSTAINABLE DEVELOPMENT GOALS, http://www.un.org
(Dec. 12, 2016, 8:00 pm.) http://www.un.org/sustainabledevelopment/climate-change-2/#c52bbb43eb4dfe500.
4
. Supra note 3.
5
. Mike Lockwood, “Solar Change and Climate: an update in the light of the current exceptional solar
minimum,” Proceedings of the Royal Society A, 2 December 2009, doi 10.1098/rspa.2009.0519.
low; and vulnerability, poverty, and food instability stay high; and the immediate impacts of
climate change are expected to be particularly harsh.6 And moreover, the policy made by
central government towards the benefit of farmers for its development doesn’t reach to
them i.e. policies are not properly implemented by the officials.

The research is based upon the proceedings and legal control through legislative
measures on such issues and the ways to implement such laws which can help to provide
a solution to these problems and find the loopholes which are not allowing developed way
for the implementation of any beneficial legislation and measures which in turn affects
majority of farmers and agricultural produce in India.

The objective of the research is to highlight the problems which the farmers encounter in India
due to climate change and subsequently the role of the judiciary and the state in the matter
i.e. ignoring the problems and grievances of the farmer and the problems of climate
change. The research highlights the ignorance of the top officials in implementing the law
enshrined in the constitution and to involve the judiciary in this matter to do the needful
as soon as possible. The scope of this research is limited to the agricultural problems in India
which farmers face due to climate change and to put a legal control on this problem through
legislature and judiciary, but the problem which arises here is that there is a to act but according
to this research legislative need for some strict implementation of the new and existing laws
and for this legislative authority is supposed authorities and judiciary is responsible for
this problem. Another problem is that agriculture is based on the climatic factors and moreover
Indian agriculture is traditional based and it will take another half a decade to completely
modernize it. And moreover, not only India but its neighbouring countries are also affected by
this menace and no major treaties or steps are yet taken to solve this menace. The latest report
of IPCC7 says that Asian countries like Saudi Arabia, Iran, Russia, China, Mongolia,
Bangladesh, Nepal, and Pakistan are equally affected by this problem of climate change
and no international treaties are signed yet to solve this problem8. Yes, the farmers
themselves have a great role to play here but what about the legislature and executive which

6
. Senapati, Manas Ranjan, Bhagirathi Behera, and Sruti Ranjan Mishra. "Impact of Climate Change on Indian
Agriculture & Its Mitigating Priorities." American Journal of Environmental Protection 1.4 (2013): 109-111.
7
. IPCC Report on south Asia https://www.ipcc.ch/ (Dec. 16, 2016, 1:57 P.M.) IPCC Fifth assessment report
https://www.thethirdpole.net/2014/11/03/how-climate-change-will-impact-south-asia-latest-ipcc-report/.
8
. Supra note 7.
hold the responsibility of development, they also have some roles to play which this research
will be talking about.

The hypothesis of this research is that it is the responsibility of the government to spread
awareness of technology to farmers so that they can discontinue traditional techniques which
have no benefits. It is not solely the responsibility of the farmers to tackle this problem but
government and judiciary have the major role to play. So, the question emerges that in the
current scenario development is possible where the government officials itself are not well
versed in the laws and strict actions are taken properly or not against them. And, the role
of government and judiciary to tackle this problem of climate change which largely
affects the Indian agriculture so that current scenario of agriculture can come on the
right track.

PRESENT SCENARIO

The important dimension of the climate change and global warming is the presence of carbon
dioxide and other greenhouse gases in the atmosphere. These gases stay for a long time in the
atmosphere. There are no rewind buttons for correction of those. The major problem is that
these will affect the future generation to the large extent i.e. anthropogenic warming, the rise
in sea level will continue further. THE HUMAN DEVELOPMENT REPORT 20079 has
presented the issue in this matter. It states that: What we do today about environmental change
has outcomes that will last a century or more. The part of that change that is because of
greenhouse gas emanations is not reversible within a reasonable time-frame. The heat-trapping
gases we released into the climate in 2008 will remain there until 210810 and beyond that. We
are in this way settling on decisions today that will influence our own lives, yet significantly
more so the lives of our youngsters and grandchildren. This rolls out atmosphere improvement
different and more troublesome than other policy challenges. Further, we need a quick response
to this situation because a further delay in making a strategy is adding more and more
greenhouse gases to the environment which further is locking future generation in the high
temperature. Another imperative dimension of the environmental change challenge is its
worldwide scale. The Earth's climate does not separate greenhouse gasses by the nation of
origin. One ton of greenhouse gasses from China carries the same weight as one ton of

9
. Human Development Report 2007/2008, United Nations Development Programme(UNDP).
10
. VK Agnihotri, Climate Change: Challenges to Sustainable Development in India, RESEARCH UNIT
(LARRDIS RAJYA SABHA SECRETARIAT NEW DELHI, OCTOBER 2008(Mar.8, 2017, 1:42 PM)
rajyasabha.nic.in/rsnew/publication_electronic/climate_change_2008.pdf.
greenhouse gases from the India —and one nation's emissions of the greenhouse gases cause
of problems of another country i.e. climatic change problems and global warming. This clearly
demonstrates that we cannot alone fight against the problem of climate change. Collective
action is not only the keyword but a compulsion here. But ultimately, we should say that this
is a preventable crisis with which we all are suffering. Here the role of judiciary comes we need
an effective legal framework regarding this problem. Not only the legislature but people are
equally responsible for this menace so that’s the reason why collective action is necessary.
Taking the case of India, the officers which are responsible for the handling of
environment problems are not well versed with the environment laws, power of enacting
these law lies in the hand of central government and how they think and adapt strategies
to implement laws for the benefit of environment and its citizens and whether they
implement the needful laws for the environment and farmers who are suffering from
climate change and global warming in their agricultural produce is the most important
problem. It has been noted that judiciary in India has tried to help and cope this problem
relating it to Article 21 which gives us Right to life, but it is not relating to the actual
environmental laws existing or appealing to the government to introduce some new laws
as well.

According to an article titled “CLIMATE CHANGE AND ITS IMPACT ON

AGRICULTURAL PRODUCTIVITY IN INDIA11”, climate change has a grave impact on the
availability of the various resources on earth especially agricultural production in India. The
climatic factors including rainfall, temperature, relative humidity, precipitation and CO2
concentration are the factors which significantly have the impact on crop growth. The general
effect of environmental change on overall food production is thought to be low to moderate
with fruitful adaptation and sufficient irrigation. Agriculture will likewise be affected because
of atmospheric changes12 imposed on water resources. India has experienced 10 large-scale
droughts from 1966 to 200013 and frequency of drought is still increasing at a steady rate.
Climate change is representing an extraordinary danger to agriculture and food security.

11
. Rohitashw Kumar and Harender Raj Gautam, Journal of Climatology & Weather Forecasting,
esciencecentral, (17/12/2016, 8:00 PM), http://www.esciencecentral.org/journals/climate-change-and-its-impact-
on-agricultural-productivity-in-india-2332-2594.1000109.php?aid=25286.
12
. Gautam H R (2009) Preserving the future. In; Joy of Life- “The Mighty Aqua”, Bennett, Coleman & Co.
Ltd., The Times of India, Chandigarh.
13
. Rajesh Ramachandran (2016) India: the history of droughts, India: the history of Droughts. (n.d.). Outlook
(2000), http://www.outlookindia.com/magazine/story/india-the-history-of-drought/209341/?previous.
Presently, we can produce crops with these varying conditions. All climate models predict that
there might be critical weather conditions with more droughts, heavy rainfall, shortage of
agricultural produce and storms in these regions14.
Rainfall in India is directly related to the monsoon originated in the Indian Ocean and the
Arabian Sea. If the climate is warmer than this will accelerate the hydrologic cycle, alter the
pattern of rainfall. In the scorched region of Rajasthan state, an increase of 14.8 percent in the
total crease of evapotranspiration [ET] has resulted in the increase in temperature. Therefore,
change in atmosphere will influence the soil moisture, recurrence of surge or dry spell; lastly
groundwater level in various regions15, higher temperatures and changing precipitation pattern
will seriously influence the production pattern of various crops. Every one of these
progressions will increase the vulnerability of the landless and poor people. Globally, climate
change is not a new phenomenon. The impact of climate change postures numerous dangers;
one of the imperative outcomes is achieving changes in the quality and amount of water
resources and crop productivity. It can be presumed that the Indian region is profoundly
sensitive to climate change. There is an urgent need to co-ordinate efforts and implement
effective laws.
A book titled “LEGAL CONTROL OF ENVIRONMENT POLLUTION16”, in its
chapter on “JUDICIAL RESPONSE TO THE ENVIRONMENTAL PROTECTION”
discusses the problems of implementation of environmental laws in India and working of
the judiciary in the matter related to the climate and environment. The case of Tarsem
Singh and others v. Mukund Singh Mistri and others17 and Ram Lal v. Bari Singh18 is
important in the present situation. In both the above cases presented the main cause of
pollution was wheat thrasher and penja (cotton grinding) which produces a high amount
of smog and dust in the area and other skin diseases.
In both the above-presented cases, the high court in these matters did not dispute the
records or the findings of the learned S.D.M in these matters but the decision is based on
the reasoning and the important provision of section 133 which further cannot be invoked
for ‘long-standing nuisance'. In the case of Tarsem Singh the high court quashed the

14
. The World Bank, India: Climate change Impacts, (Dec. 17, 2016, 7:45 pm)
http://www.worldbank.org/en/news/feature/2013/06/19/india-climate-change-impacts.
15
. Huntington TG (2003) Climate warming could reduce runoff significantly in New England, Agric For
Meteorol 117: 193-201.
16
. Mathur Mahesh, Legal control of environment pollution: jurisprudence and laws applicable to environment
violation and prevention. New Delhi, Deep and Deep publication, 1996.
17
. Tarsem Singh and Ors. v. Mukund Singh Mistri (1981), c.c. cases 232, decided on 12-5-1981.
18
. Ram Lal v. Bari Singh 1982, c.c. cases 189, decided on 26-2-1982.
order of S.D.M. for the removal of thrasher but in the Ram Lal case high court after
quashing the order of S.D.M. directed him in the matter over again in the wake of
fulfilling whether the establishment of the wheat thrasher at the time of the use of the
respondent was another one or not and will pass a new order. It is clear from these cases
that it was the matter of public nuisance and it is shocking that how lordship came to such
conclusion when there is no statutory requirement expressed or implied. Also, this is a
misconstruction of section 133 of Cr.P.C. The objective of this section is "It is necessary
that ‘public nuisance' must be ‘new one' and not ‘old one' or ‘long-standing' and to
achieve the social justice guaranteed by the constitution of India.

According to an article entitled, “ORIGIN AND GROWTH OF ENVIRONMENT LAW IN

INDIA19”, there are certain drawbacks in implementing the laws for the climate change i.e.
environment law and most importantly the persons or top officials indulged in implementing
the law are not well versed in the environment laws and power of enacting these laws lies in
the hand of central government and how they think and adapt strategies to implement laws for
the benefit of environment and the citizens and whether they implement the needful law for the
environment and farmers who are suffering from climate change and global warming in their
agricultural produce is the most important and basic criteria of the research. In autonomous
India, different lawful measures have been taken to ensure and enhance the earth. Other than
the sacred arrangements, a study of Indian laws reveals that there are various establishments
identifying with environment passed either by the Local or the state law-making bodies. Be that
as it may, this plenty of natural laws has not possessed the capacity to check ecological
debasement and eco-framework lopsided characteristics. Without particular and thorough
ecological law the courts of India have assumed a significant part and the legal elucidation of
the laws has helped in the making of natural law which looks to strike a harmony between
ecological assurance and improvement. Laws in action must be legislated expeditiously to
check impending harm to the community.

19
. Furqan Ahmad, Journal of Indian law Institute (JILI), Lexis India: Document (Dec. 18, 2016, 2:33 AM),
ORIGIN AND GROWTH OF ENVIRONMENT LAW IN INDIA,
http://www.lexisnexis.com.elibrary.symlaw.ac.in:2048/in/legal/results/enhdocview.do?docLinkInd=true&ersKe
y=23_T24729978975&format=GNBFULL&startDocNo=0&resultsUrlKey=0_T24729978978&backKey=20_T
24729978979&csi=346578&docNo=2&scrollToPosition=0.
POLICIES CONCERNING CLIMATE CHANGE (TRANS-NATIONAL APPROACH)

Till now many protocols and conventions have been signed and discussed regarding these
problems like ASEAN Agreement on Transboundary Haze Pollution, Kyoto protocol,
Basel Convention, United Nations Framework Convention on Climate Change and
almost all of them have provisions and articles regarding control of CO 2 emissions but
this is not possible because of fast urbanisation and economies like America, India, China
doesn’t show any sign of control to these very emissions. Now talking about the most
important international initiative to control the problem of climate change and global warming
is Kyoto protocol.

The Kyoto protocol in an international agreement regarding the reduction of greenhouse

gas emissions. It was initially negotiated when the meeting was held in Kyoto, japan in
1997.

The protocol demands the industrialized countries to reduce emissions of six greenhouse
gases by 5 percent by 2012. Some of the targets regarding reductions of these gases are -
European Union (8%), U.S. (7%), Switzerland (8%), Canada (6%), and Japan (6%).

The Kyoto protocol i.e. the agreement specifies that all the parties to the agreement should
follow a certain number of steps, some are as follows: -

a) Design and implementation of climate change mitigation and adaptation programmes.

b) Preparation of the national records of emission which should be removed by carbon
sinks.
c) Promotion of environment and climate-friendly technology transfer.
d) Encouraging partnerships in research and observation of climatic science, environment,
different species, and its effect on agriculture, impacts, and response strategies.

The author’s verdict here is that developing countries are not bound to reduce emissions target
yet, because these countries are responsible historically for the emission of the small portion
of greenhouse gases.

Till now many countries including India have ratified the protocol. And till now the U.S. has
not accepted or walked out of this formal agreement i.e. Kyoto protocol and has not
accepted the initial requirement of this protocol i.e. requirement of seven percent
reduction as mentioned above. From that point onward, the U.S. official authorities kept
up at different fora that the study of environmental change was vague and unclear and
that CO2 development in the atmosphere couldn't be connected to human exercises. The
Americans contended that regardless the U.S. economy, one of the wealthiest in the world,
could not bear the cost of CO2 reduction arrived at in the Kyoto convention. The U.S.
likewise kept up that unless china and India are committed to CO2 reduction motive,
there would be no major reduction in general emissions. In November 2004, Russia
approved the Kyoto convention and thus, the arrangement authoritatively came into
constraining by mid-2005.

As per the author’s views regardless of the possibility that the conventions were to be
completely executed or implemented, it would do next to not solving the problem of carbon
dioxide emissions. The IPCC had expressed in its reports that the emissions must be cut by 60-
80 percent if the atmosphere is to be stabilized20.

The world must understand the bitter truth. Equity is an essential for a viable climatic
convention. The truth of the matter is that without collaboration this worldwide assertion
will not work. It is therefore that the world should genuinely consider the idea of
equivalent per capita emissions privileges so that the rich reduce and the poor do not go
past their climate quality. We require atmosphere capable activity. We require an
effective action plan to work out so that a proper solution could be found. And in a
country like India where people are dependent on the climatic condition for agriculture
affects a lot. This climatic problem not only surrounds India but the world at large.

The major problem here is that these treaties and conventions do not clearly define the climate
change law and in fact U.S. maintained the fact the human activities cannot link with CO2
emissions in the environment so the climatic change studies are vague and unclear. But this
shortcoming can be taken care of if India takes an initiative to solve this menace by
implementing an effective action plan.

POLICIES REGARDING CLIMATE CHANGE (IN NATIONAL LAW)

Stockholm presentation of 1972 was maybe the main real endeavour to conserve and
secure the human environment at the universal level. Because of this declaration, the state
was required to embrace legislative measures to secure and enhance the environment. In
like manner, Indian parliament embedded two articles on the constitution of India in

20
. IPCC, supra note 7.
1976, i.e. 48A and 51A. Article 48A of the constitution of India rightly directs that the
state shall protect and improve the environment and safeguard forests and wildlife of the
country. And similarly, Article 51A clause (g) of the Indian constitution imposes a duty
on every citizen of India to protect and improve the natural environment such as forests,
lakes, trees etc., Apart from the constitution mandate to protect and improve the
environment there are many legislations in India about environment like Water act, 1974,
The Water Cess Act, 1977, The Air (Prevention and Control of Pollution) Act, 1981. So,
with all these legislations stated above it is evidently clear that there is no dearth of
legislation on the protection of the environment in India. But enforcement remains the
most pressing issue in India i.e. far from considering satisfactory.

As large number of the population depends on agriculture in India so the problem of global
warming and climate change affects India to large extent. And climatic changes these days
have immensely affected the Indian agriculture. As large amount of arable land in India is rain-
fed so the agricultural productivity depends on the rainfall and its pattern so due to the problem
of climate change the environment witnessed the shift in the rainfall pattern and the increase
and decrease in the rainfall and change in the timings of rainfall so this adversely affects the
agriculture in India. And, the productivity of the crops may decrease due to increase in
temperature and change in the climatic patterns. Now India’s measures to combat this problem,
India has come up with the National Action Plan on Climate Change21 from 2008 to solve
this problem and these include the following missions: -

 Jawaharlal Nehru National Solar Mission

 National Mission for Enhanced Energy Efficiency
 National Mission on Sustainable Habitat
 National Mission for a Green India
 National Mission on Strategic Knowledge for Climate Change

As India is an NON-ANNEX I country in the Kyoto protocol so India has no binding targets
to reduces or control the emissions. But India is the active member of the CLEAN
DEVELOPMENT MECHANISM (CMD) established under this protocol.

21
. National action plan on climate change, government of India, Prime Minister Council on climate change,
National action plan on climate change (December 20, 9:30 A.M.,)
http://www.moef.nic.in/sites/default/files/Pg01-52_2.pdf.
MAJOR CLIMATIC ENFORCEMENTS: -

 National Action Plan on Climate Change/2008: - This action plan outlines the eight
missions which will run till 2017. These include solar power utilization, energy
efficiency, sustainable habitat, Green India initiative, agriculture and strategic
knowledge of climate change.
 Post- Copenhagen domestic actions/2010: - On 10 May 2010, India discharged its
Greenhouse Gas (GHG) Emissions Inventory for 2007, with the point of empowering
educated decision‐making and to guarantee transparency. India has turned into the main
"non‐Annex I" (i.e. creating) nation to distribute such overhauled numbers. India
declared a levy, a clean energy cess, on coal, at the rate of Rs. 50 (US$1) per ton, which
will apply to both locally delivered and imported coal. This cash will go into a National
Clean Energy Fund that will be utilized for financing research, imaginative
undertakings in clean vitality advances and natural therapeutic projects. Expected
income was US$500 million for the financial year 2010–2011.

So, with all these facts stated above it is evidently clear that there is no dearth of legislation on
the protection of the environment in India. But enforcement remains the most pressing issue in
India i.e. far from considering satisfactory. So, the need of the hour is the enforcement of
effective and efficient of constitutional mandate and other environmental legislation.

FACTS AND ANALYSIS

Vulnerability to environmental change is closely related to poverty, as the poor have less
budgetary and technical resources. They are vigorously reliant climatic sensitive sector, for
example, agriculture and forestry service; they frequently live on marginal land and their
financial structures are delicate. This is valid for a creating nation like India where farming
remains the backbone of the economy, contributing almost 27% of the aggregate Gross
Domestic Product (GDP) and utilizing about 66% of the nation's populace. Agriculture
exports represent 13 to 18% of aggregate yearly export of the nation. Be that as it may,
given that 62% of the cropped area is still subject to precipitation, Indian agriculture
keeps on being fundamentally dependent on weather. Environmental change will
economically affect agriculture in India, incorporating changes in farm benefit, costs,
supply, demand, and exchange. The magnitude and geographical distribution of such
atmosphere initiated changes may influence our capacity to grow the food production as
required to feed the people. An environmental change could thus have a far-reaching effect on
the patterns of trade and exchange among countries, improvement and food security.

So, in view of the author, India should immediately adopt a full-fledged action plan regarding
this problem of climate change because a delay in this policy adoption is continuously affecting
the agriculture and inviting a great deal of trouble in food security in India. So, India should
adopt a suitable law and policies regarding this problem and should spread awareness so that
farmers can change their ways from traditional to modern and agriculture can remain
unaffected.

SUGGESTIONS AND CONCLUSION

So, the above content shows the poor development in the field of the climate change in India
and this, in fact, affect not only the agriculture but to the health of the people and animals also.
So, there is an urgent need for the effective and efficient enforcement of the constitutional
mandate and other environmental legislation and separate act which govern this field so that
the rate of development can be fast in India. THE NATIONAL ENVIRONMENT POLICY
2006 states that in India greenhouse gases emission in 1994 were 1228 million tons (MT) C02
equivalent, which is equal to 3 percent of the global emission so to cut off these emissions we
need a strong legislation which imposes a penalty on these emissions and strict measures to
avoid these. Such a legislation can provide a certain limit of emission of harmful gases and if
the limit goes above that then impose a penalty on them. Moreover, the judiciary can focus
on the point that environment laws in the India are there but these are not producing the
desired result so there is a necessity to set up environmental courts with one judge who is
expert in the environmental law and 2 other technical experts in the field of
environmental law so this will ensure the speedy justice and we will be able to get a
practical solution of the problem. So, to begin we may have these courts at the state and
national level and later this can be extended to the district level on the need based
principle, in order to discourage the prolonged litigation the provision can be confined to
single appeal system as well. So, such policies and laws are the need of the hour and to
reduce pollution such measures should be encouraged all over the country. Also, the
legislation should set up the proper framework for the implementation of such policies so
that these policies can be implemented at every level without fail and committees should
be set up at every level so that they can monitor the timely progress and implementation
of these policies. And as suggested above there should be proper implementation of these
policies and proper limit of emission should be set in all areas as per the pollution level in
an area and if the level of the pollution increases there should be a penalty and strict
punishment for these emissions. And, the pollution levels are increasing day by day which
is not only affecting the health of people but also the agricultural production in the
villages so government should come up with such provisions that the industry whose
emissions are below the prescribed limit such should be provided with the benefit in
income tax and award people who spread awareness in the village areas regarding the
climate change.

According to the author’s view the animals are affected a lot by this climate change and global
warming because animals does not have memorising capability, they sense the atmosphere
around and eat and adapt any particular thing according to the climate so due to the increasing
problem of climate change there is a shift in the pattern of the rainfall and animals are mostly
affected by it and they consume things which they should not and develop diseases and when
humans consume them so this give rise to different diseases in humans which are almost
incurable so climate change not only affect the environment but the humans too.

To reduce the effect of climate change on agriculture in India government should aware the
farmers about the HYV (high yielding variety) seeds and teach them the proper use of these
seeds and how they can use these in their farms and also government should come up with the
concept of change agriculture from traditional type to modern agriculture because traditional
agriculture techniques depends more on climate rather than modern techniques so these can
help farmers a lot and also the government should provide farmers monetary benefits if they
switch to modern agriculture and should set up a proper body in the rural area which can
provide credit to farmers when needed and also encourage programs which aware farmers
about new techniques and help them to improve their crop production techniques.

And further author wants to suggest the people that they can also help in reducing the effect of
climate change by spreading and adopting the carpooling technique. This can surely bring the
pollution level down. In this technique, it is an arrangement made by the group of people to
make the regular journey from a single vehicle. So, this can bring down the level of carbon
monoxide in the atmosphere which further depletes the ozone layer which is more harmful to
the environment. So, government should take measures to increase such steps and should
encourage to spread awareness of carpooling and should award monetary benefits to such
persons who use this technique and encourage other people to further use it and further should
introduce strict laws regarding environment to take strong action against the officials
who are not well versed or are ignorant in environmental laws so that the mistakes in
Tarsem Singh and Ram Lal case are not repeated. And as this line suggest that, “emission
anywhere affect people everywhere”, so to cope up with the problem of climate change
not only the government legislation or judiciary should work alone but people should also
take a step further to cope up this problem of climate change. And further people should
reduce the use of fossil fuels and, they should shift to renewable energy resources that do not
emit greenhouse gases so that these cannot deplete the ozone layer and scientist should further
develop the substitute of chlorofluorocarbons. And further India should sign a treaty with the
neighbouring country to develop energy efficient technology and develop the new seeds or
technology which can help farmers to cope up with climate change problem. And India should
develop disaster management plans strategies and should adopt practices and technology which
can make agriculture sustainable, and as this line suggest that emission anywhere affect people
everywhere so to cope up with the problem of climate change not only the government
legislation or judiciary should work alone but people should also take a step further to
cope up this problem of climate change, so that down the line in the coming decade we set
an example for rest of the world for being An ‘Eco friendly’ nation.
 BIBLIOGRAPHY

. IPCC fourth assessment report [ARA], IPCC, https://www.ipcc.ch/pdf/assessment-

report/ar4/syr/ar4_syr_full_report.pdf, Fourth report of UN IPCC [2007] on climate changes.

2
. THE CHANGING ATMOSPHERE: IMPLICATIONS FOR GLOBAL SECURITY (July
5,1988), held in Toronto, Canada on June 27-30, 1988, reprinted in SELECTED LEGAL
MATERIALS, 3 AM. U.J. INT'L L. & POL'Y 515, paras. 16-17 (1990) [hereinafter To-
RONTO CONFERENCE STATEMENT].
3.UN Sustainable Development Homepage, SUSTAINABLE DEVELOPMENT GOALS,
http://www.un.org (Dec.12,2016, 8:00 pm.)
http://www.un.org/sustainabledevelopment/climate-change-2/#c52bbb43eb4dfe500.
4. Supra note 3.
5. Mike Lockwood, “Solar Change and Climate: an update in the light of the current
exceptional solar minimum,” Proceedings of the Royal Society A, 2 December 2009, doi
10.1098/rspa.2009.0519.

6. Senapati, Manas Ranjan, Bhagirathi Behera, and Sruti Ranjan Mishra. "Impact of Climate
Change on Indian Agriculture & Its Mitigating Priorities." American Journal of
Environmental Protection 1.4 (2013): 109-111.

7. IPCC Report on south Asia https://www.ipcc.ch/ (Dec. 16, 2016, 1:57 P.M.) IPCC Fifth
assessment report https://www.thethirdpole.net/2014/11/03/how-climate-change-will-impact-
south-asia-latest-ipcc-report/
8. Supra note 7.
9. Human Development Report 2007/2008, United Nations Development
Programme(UNDP).
10. VK Agnihotri, Climate Change: Challenges to Sustainable Development in India,
RESEARCH UNIT (LARRDIS RAJYA SABHA SECRETARIAT NEW DELHI,
OCTOBER 2008(Mar.8, 2017, 1:42 PM)
rajyasabha.nic.in/rsnew/publication_electronic/climate_change_2008.pdf.
11. Rohitashw Kumar and Harender Raj Gautam, Journal of Climatology & Weather
Forecasting, esciencecentral, (17/12/2016, 8:00 PM),
http://www.esciencecentral.org/journals/climate-change-and-its-impact-on-agricultural-
productivity-in-india-2332-2594.1000109.php?aid=25286.
12. Gautam H R (2009) Preserving the future. In; Joy of Life- “The Mighty Aqua”, Bennett,
Coleman & Co. Ltd., The Times of India, Chandigarh.
13. Rajesh Ramachandran (2016) India: the history of droughts, India: the history of
Droughts. (n.d.). Outlook (2000), http://www.outlookindia.com/magazine/story/india-the-
history-of-drought/209341/?previous.
14. The World Bank, India: Climate change Impacts, (Dec. 17, 2016, 7:45 pm)
http://www.worldbank.org/en/news/feature/2013/06/19/india-climate-change-impacts.
15. Huntington TG (2003) Climate warming could reduce runoff significantly in New
England, Agric For Meteorol 117: 193-201.
16. Mathur Mahesh, Legal control of environment pollution: jurisprudence and laws
applicable to environment violation and prevention. New Delhi, Deep and Deep publication,
1996.
17. Tarsem Singh and Ors. v. Mukund Singh Mistri (1981), c.c. cases 232, decided on 12-5-
1981.
18. Ram Lal v. Bari Singh 1982, c.c. cases 189, decided on 26-2-1982.
19. Furqan Ahmad, Journal of Indian law Institute (JILI), Lexis India: Document (Dec. 18,
2016, 2:33 AM), ORIGIN AND GROWTH OF ENVIRONMENT LAW IN INDIA,
http://www.lexisnexis.com.elibrary.symlaw.ac.in:2048/in/legal/results/enhdocview.do?docLi
nkInd=true&ersKey=23_T24729978975&format=GNBFULL&startDocNo=0&resultsUrlKe
y=0_T24729978978&backKey=20_T24729978979&csi=346578&docNo=2&scrollToPositio
n=0.

20. IPCC, supra note 7.

21. National action plan on climate change, government of India, Prime Minister Council on
climate change, National action plan on climate change (December 20, 9:30 A.M.,)
http://www.moef.nic.in/sites/default/files/Pg01-52_2.pdf.