The Sikkim High Court has taken the initiative to launch a suo motu Public Interest Litigation (PIL) to assess the state’s readiness in addressing climate-related disasters. This move comes following the recent floods in Nepal and Tibet. The case, titled In Re: Climatic Justice in the State of Sikkim vs State of Sikkim & ors, is spearheaded by Chief Justice A Muhamed Mustaque, who has highlighted the urgency of the matter.
Chief Justice Mustaque, reflecting on the climate-related risks faced by the region, noted the devastating impact of the Glacial Lake Outburst Flood that Sikkim experienced in 2023. He emphasized that the constitutional duty to uphold justice necessitates proactive measures to prevent loss of life and displacement. “Constitutional institutions must engage in preventing avoidable injustice,” he stated.
The High Court is advocating for a paradigm shift from reactive disaster management to a more anticipatory and participatory model of climate governance. As part of this effort, a division bench comprising Chief Justice Mustaque and Justice Bhaskar Raj Pradhan has issued a notice for the case, which is scheduled to be considered in two weeks.
In an effort to enrich the proceedings, the Court has appointed Senior Advocates Dr. Doma T Bhutia and T R Barfungpa, along with Supreme Court Advocate Sudhir Mishra, as Amici Curiae. Their role will be to provide expert assistance during the legal process.
To ensure diverse perspectives are included, the Court plans to engage with affected communities, scientific experts, planners, and the youth, whose futures are impacted by current policy decisions. Chief Justice Mustaque has underscored the disproportionate impact of climate disasters on vulnerable communities in fragile mountain ecosystems.
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“Displacement from such disasters raises considerations not only of disaster management but also of dignity, livelihood, community continuity, and access to basic necessities,” noted the Chief Justice. The High Court aims to determine whether Sikkim has sufficient institutional frameworks to predict, alleviate, and manage disaster impacts.
The judicial review will focus on several critical areas, including:
- Early warning systems and disaster preparedness
- Land-use regulation, spatial planning, and slope management
- Drainage infrastructure and road engineering in geologically sensitive areas
- Settlement planning and long-term rehabilitation strategies
