Sikkim High Court opens climate justice case after Nepal's deadly floods
The High Court of Sikkim has initiated a public interest litigation (PIL) on climate justice on its own motion, after taking note of the severe hardship and impact of the recent flash floods in Nepal.
A PIL is a case a court can take up itself, without a petitioner, when it believes a matter of public importance is involved. In this instance, the court said it was moved by the scale of the disaster in Nepal, whose Himalayan landscape closely resembles Sikkim's.
The flash floods were triggered by an ice-rock avalanche near the Nepal-Tibet border on August 26. Reports placed before the court put the death toll at 1,410, with 6,145 people still missing across northern and central Nepal.
In an order dated September 17, a Bench comprising Chief Justice A. Muhamed Mustaque and Justice Bhaskar Raj Pradhan named four respondents: the Railway Ministry, the National Highways and Infrastructure Development Corporation Limited (NHIDCL), the Sikkim State Disaster Management Authority and the State Power Department. Notices were issued to all four authorities.
According to the order, the Chief Justice set out the grounds for initiating the proceedings in a detailed note.
"At the outset, the court considers it imperative to hear the public and potentially local communities who are likely to be affected by providing an accessible platform for them to voice their concerns," the order said.
The court appointed three legal experts as amici curiae — friends of the court — to help it examine the issues arising from the proceedings. The matter is listed for its next hearing on October 6.
Sikkim lies in one of the youngest and most tectonically active mountain systems in the world, and its own record reflects that fragility. According to the court's order, more than 1,200 people have died in the State between the "Great Sikkim Floods" of October 1968 and the South Lhonak glacial lake outburst flood of October 2023.
Hydropower projects, highways and tunnelling work have been cited by experts as factors that add to the State's fragility, raising the risk of landslides and of damage when glaciers and glacial lakes give way.
The October 2023 South Lhonak disaster was a glacial lake outburst flood (GLOF) — a sudden release of water from a lake formed by melting glaciers. Scientists have warned that rising temperatures in the Himalayas are making such lakes larger and more numerous, and outbursts more likely.
The case fits a growing pattern in Indian courts. In 2024, the Supreme Court held that the right to be free from the adverse effects of climate change forms part of the rights to life and equality under Articles 21 and 14 of the Constitution. High courts have also begun hearing matters that link environmental protection with the rights of communities facing climate-related risks.
By inviting the public and affected communities to speak, the Sikkim High Court has signalled that it wants the case to reflect the concerns of those who live with the consequences of infrastructure and environmental change, and not only the positions of government agencies.
The October 6 hearing is expected to clarify how the court will gather public input and what the four respondents will be asked to address. The proceedings also stand out for their starting point: a disaster in a neighbouring country, treated by the court as reason enough to examine climate and disaster risk within India.
