India Inc can no longer afford to either underplay or overlook the risk of climate litigation

Climate litigation often feels like a distant Western concern, unfolding in American federal courts or European tribunals. Yet, the legal foundations that make such cases possible are now firmly in place in India. The shift has been gradual, almost quiet, but is unmistakable.

What began as rights-based petitions against the state are evolving into a framework that can shape corporate conduct through disclosure rules, consumer law and project approvals.One of the landmark climate-focused petitions in India, Ridhima Pandey vs Union of India, asked the judiciary to direct the government to do more to address climate change. The case relied on the constitutional right to life and India’s international commitments. Although it has not produced sweeping orders, it signals that climate change can be framed as a legal duty, not merely a policy preference.

In the past 10-odd years, project-level challenges before the National Green Tribunal have also begun to reflect climate concerns. The tribunal, established to hear environmental disputes, is regularly examining whether impact assessments properly consider flood risks, coastal vulnerability and cumulative environmental harm. Courts have rarely halted projects solely because of climate arguments.

Yet, they are increasingly questioning the quality and completeness of the project-approval process.The more consequential change for corporate India has come from regulators rather than courtrooms. In 2021, the Securities and Exchange Board of India mandated Business Responsibility and Sustainability Reporting (BRSR) for large listed entities. In 2023, it introduced BRSR Core, requiring assurance of key sustainability metrics.