Legislative Approaches to Uphold Carbon Neutrality in India: An Analysis Of Sustainable Use Of Energy

Abstract

The term ‘carbon neutrality’ refers to a state where the amount of CO2 released in the atmosphere is equal to the amount of CO2 is extinguished from atmosphere by various means. India has targeted to reduce carbon emissions by 50 % by 2030 and will become carbon neutral by 2070. The major step towards this target is the amendment to the Energy Conservation Act in 2023 which amended the 2001 Act to specify the carbon trading scheme in India, with an objective to reduce carbon emission. Sustainable use of a source of energy is of utmost concern in the present context, taking into consideration the growing population and use of energy to meet their needs. On the other hand, it is also necessary to protect the environment, hence development concerning reservation of energy for future generations became a barrier for many business houses. India being the signatory to the Paris Agreement, agreed limit the global warming to 1.5 degrees Celsius over pre-industrial levels. Whereas the new Act mandated the industrial and transportation sectors to obtain a percentage of their energy from non-fossil sources, and energy usage limits may be imposed on vehicles and ships. Needless to emphasize that there are provisions to secure and protect environment in India and amendments to those may contribute to carbon neutrality. But the source of these laws are soft laws and customs, and the very nature of these statutes are not penal in nature unless backed by Indian Penal Code in some cases (Pollution). This paper thus designed to analyse the new amendment in Energy Conservation Act as well as other statutes present in this context to check their ability to meet the set target by Indian government. While the scope of this paper is extended to an of analyse judicial pronouncements with this regard.