India: Now, law to tackle greenhouse gas emissions?

New Delhi:  The government has sought to make a bold move to prove its commitment to mitigating climate change with environment minister Jairam Ramesh suggesting that India could enact an overarching legislation to guide actions to reduce greenhouse gas emissions. Speaking at a conference hosted by the Confederation of Indian Industry on Friday, Ramesh said, “India could have a legislative agenda for (GHG) mitigation which will bring credibility to the actions through domestic political consensus.”

He clarified that the legislative agenda would be part of India’s policy to take leadership on climate change and undertake mitigation actions voluntarily, domestically and unilaterally. The government faced considerable criticism for agreeing to an “in principle” 2% reduction in GHG emissions at the sidelines of a G-8 summit in Italy.

Speaking to TOI, Ramesh said, “It could be a law, along the lines of the FRBM Act with indicatory and not mandatory targets, which would ensure that India’s actions are guided by robust and long term parliamentary support and not based on international pressure.” The FRBM Act suggests the fiscal deficit levels that government should maintain but the targets, while recommendatory in nature, are expected to be treated with respect. Ramesh seems to have in mind a process that will set benchmarks for India.

While the government has already started the process of amending the Energy Conservation Act, 2001 to provide legislative backing to the Energy Efficiency Mission under the PM’s National Action Plan on Climate Change, the environment minister’s suggestion could imply a far wider legislative action to back the government’s intentions.

Coming a day after the European Commission said in a communique that it was not willing to fund mitigation actions in emerging economies such as India, the move by India could become a bargaining chip at international negotiations as well. The proposal of a law promoting emissions control could showcase India’s concrete intent despite EU and other rich countries’ unwillingness to put a dime on the table.

The European Commission has indicated that it was unwilling to provide funds for climate change to India and other emerging economies.

Communicating its views on global climate change finance, the Commission said in a note released on Thursday, “Many developing countries, especially the economically more advanced ones, have sufficient own financial resources at their disposal to stimulate the necessary domestic investment (for climate change).”

The communication, which drew flak from Indian officials, noted that EU would contribute 2-15 billion Euros per year from 2020 to developing countries for mitigation, adaptation, technology as well as capacity building. While claiming that advanced economies (read India, China, Brazil and South Africa) had to rely on their own funds, it demanded a cap and trade regime as well as lowering of emissions by 15-30% below “business-as-usual” by 2020. While Danish Prime Minister Lars Lxkke Rasmussen, in Delhi on Friday for talks on climate change with the Indian government, welcomed the communique, Indian officials speaking on condition of anonymity slammed it.

One key Indian negotiator said, “It’s an empty barrel that EC brings. I am sure even EC officials are aware what a pittance they offer. The developing world is not asking for crumbs, it’s asking for its rightful compensation for damage already caused by industrialized nations and inequitable carbon space EU and other industrialized countries continued to hold.”