Constitutional framework for climate resilience in Northeast

The Supreme Court’s judgement declaring the right against adverse effects of climate change as a distinct fundamental and human right is a landmark decision. The Apex court also said that the states owe a duty to care for their citizens, and the right to a healthy and clean environment is part of this duty. Viewed against the backdrop of a seasonal forecast by the India Meteorological Department (IMD) of a hotter summer during April, May, and June, the SC judgement provides the constitutional-legal framework for measuring the impact of climate change on agriculture and the livelihood of farmers. It also brings into focus the mitigation measures and how these are legally binding on the central and state governments to hold the umbrella of protection to secure the affected communities from the adverse effects of climate change. The SC observes that despite a plethora of decisions on the right to a clean environment, some of which recognise climate change as a serious threat, and national policies that seek to combat climate change, it is yet to be articulated that the people have a right against the adverse effects of climate change. “This is perhaps because this right and the right to a clean environment are two sides of the same coin. As the havoc caused by climate change increases year by year, it becomes necessary to articulate this as a distinct right. It is recognised by Articles 14 and 21,” it adds. The judgement explains that if climate change and environmental degradation lead to acute food and water shortages in a particular area, poorer communities will suffer more than richer ones, and the right to equality would undoubtedly be impacted in each of these instances. The advisories issued by IMD against extreme weather events in the northeastern states are reflective of the adverse economic impacts of climate change on the agriculture sector and traditional farming practices in the region. A recent advisory urged the farmers in the region to make necessary arrangements for draining out excess water from crop fields to avoid water stagnation, providing mechanical support to horticultural crops and staking to vegetables, postponing fresh sowing of vegetables and other crops, covering the already-sown crops with farm residues or paddy straw in Arunachal Pradesh, and postponing sowing of Ahu rice, Capsularis jute, and gourds in Assam. The SC judgement and IMD forecast together put the spotlight on the implementation of the schemes already initiated and implemented by the central government to deal with the adverse climate impact in the agriculture sectors across the country. These measures include the Rainfed Area Development Programme under the National Mission for Sustainable Agriculture, which seeks to make rainfed agriculture more productive, sustainable, remunerative, and climate resilient. The majority of farm areas in the region are rainfed as irrigation coverage remains poor, and therefore erratic rainfall on account of climate change impacts has made cultivation of most traditional crops non-remunerative and economically unsustainable. There are flagship schemes like the PradhanMantriKrishiSinchayeeYojana (PMKSY) that aim to improve on-farm water use efficiency and enhance the adoption of precision irrigation and water-saving technologies. The increase in the number of extreme weather events and their resultant impact demand a comprehensive review of the status of these schemes in the region to identify the gaps and initiate measures to help farmers build resilience against the adverse effects of climate change. PradhanMantriFasalBimaYojana is aimed at providing a full insured amount for crop losses due to natural calamities, but increasing the coverage of farmers under the crop insurance scheme is critical to farmers decision on continuation or withdrawal from cultivation. The area insured under PMFBY in Assam declining from 5.90 lakh hectares in 2021–22 to 3.12 lakh hectares in 2022–23, and the Gross Cropped Area coverage under the scheme  declining from 14.45% to 7.63%, presents a worrying picture. The SC judgement comes as a reminder to the government departments and agencies to improve PMFBY coverage, apart from other climate-resilient measures, to provide relief to farmers by improving coverage and smooth payment of claims. The National Innovations in Climate Resilient Agriculture (NICRA), a project launched by the Indian Council of Agricultural Research, launched a flagship network in 2011 and seeks to develop and promote climate resilient technologies in agriculture to address vulnerable areas of the country and help the districts and regions cope with extreme weather conditions like droughts, floods, frosts, heat waves, etc. So far, the risk and vulnerability of 573 districts out of the 650 predominantly agricultural districts of India as per the Intergovernmental Panel on Climate Change protocol have been assessed. Being an ecologically fragile region, the Northeast region is more susceptible to adverse effects of climate change, and interventions under the NICRA bear great significance for the sustainability of agriculture practices in the region. The SC judgement imposes a constitutional obligation to improve the implementation of NICRA and other schemes aimed at building climate resilience in the region.