Anjali Sharma (climate activist)
Anjali Sharma | |
|---|---|
| Born | 2004 (age 19–20) |
| Nationality | Indian-Australian |
| Occupation | Climate activist |
Anjali Sharma (born 2004) is an Australian climate activist who was the lead litigant in a class action in the Australian Federal Court, seeking an injunction against the Australian Government and the Minister for the Environment for failing to consider the impacts of climate change when approving a coal mining permit. While no injunction was issued, the principle that the government had a duty of care to prevent certain impacts was established. The government appealed against this part of the ruling[citation needed] and won. Sharma was a finalist in the 2021 Children's Climate Prize, an international prize for climate activism, based in Sweden.
Climate activism
[edit]Sharma, as a high school student, took the Australian Government and Minister for the Environment (then Sussan Ley), to the Federal Court of Australia in a class action. She was the lead litigant in Sharma and others vs Minister for the Environment, together with seven other school students, and a nun, Sister Marie Brigid Arthur. The class action asked the court to stop Minister from approving expansion of the Vickery coal mine, near Gunnedah, in NSW. The court ruled, in a world first, that the minister has a duty of care towards teenagers and children, with respect to climate change impacts, and in particular bushfire and heatwave.[1] During the case, the science of climate change, and in particular that human emissions of CO2 are "largely responsible" for climate change and warming of the Earth's surface was undisputed. Also undisputed was that Australia will experience more drought, heatwave extremes and fire related weather. Further, it was undisputed that these effects and their extent will be influenced by the extent of greenhouse gases emitted.[2]
Justice Mordecai Bromberg, ruled that the minister had "a duty to take reasonable care to avoid causing personal injury" to youth and children of Australia, when the minister made a decision about the extension of the coal mining project under the Environment Protection and Biodiversity Conservation Act 1999.[3] The aim, as stated by the teenagers, was to prevent both the new fossil fuel projects and the expansion of existing projects.[2]
The teenagers who brought the class action were Anjali Sharma, Isolde Shanti Raj-Seppings, Ambrose Malachy Hayes, Tomas Webster Arbizu, Bella Paige Burgemeister, Laura Fleck Kirwan, Ava Princi and Luca Gwyther Saunders.[4] As the applicants were under 18, they were represented by Sister Marie Brigid Arthur, a sister of the Brigadine Order of Victoria.[5]
Sharma's actions and court case may set legal precedent in future court cases in Australia where the impacts of climate change, need to be considered in future coal and fossil fuel mining approvals.[6] Sharma's case is part of a recent[when?] 'legal surge' in climate action cases in the US and Australia led by teenagers.[7][8][9] As of December 2021[update], there were 21 climate change cases, including the Sharma appeal case.[2]
An expanded explanation of Sharma and others vs Minister for the Environment noted the Federal Court declared that "the Minister has a reasonable duty to avoid causing death or injury to persons who were under 18 years of age and ordinarily resident in Australia at the time of the commencement of this proceeding arising from emissions of carbon dioxide into the Earth’s atmosphere."[10]
In March 2022, the Australian government had the ruling overturned on appeal.[11]
Media
[edit]Sharma's case, the implications for climate change, the youth of the team of the class action, and the historic precedent set by the results, have received much media and legal attention,[12][13] within Australian, Indian, and British media outlets.[14][15][5] Her case has been reported on, by SBS,[16] the Sydney Morning Herald,[17] the Guardian,[18] and The Australian.[3]
Writing in The Guardian in April 2022, just prior to the general election, Sharma addressed the nation's concern surrounding climate change in contrast to the government's lack of political will: "...with 114 new fossil fuel projects in the pipeline, and a two-party system with deeply ingrained ties to big coal and gas, what our major parties are promising is the exact opposite".[19]
Her story and activism was covered by Australian Story, a program produced by the ABC.[when?] Sharma has written about climate change and the need for action for the Sydney Morning Herald.[20] She was also featured in other media outlets such as Missing Perspective[21] and Women Agenda.[22]
Legal implications
[edit]The case may be a significant precedent to inform other cases where climate change impacts are considered.[23]
Sharma's work led to the temporary conclusion that, within Australian law, the Minister for the Environment has a duty to avoid causing personal injury and death to Australian children from carbon emissions which can lead to heatwaves and bushfires, when approving coal projects.[24] Sharma's activism led to her being nominated as a finalist in the Children's Climate Prize. This is an "international prize annually awarded to young people who have made extraordinary efforts for the climate and environment."[1][25]
Legislation
[edit]Sharma worked with independent Senator David Pocock who introduced the Climate Change Amendment (Duty of Care and Intergenerational Equity) Bill 2023 to the Senate. The bill aimed at compelling the Federal Government to take into consideration the health of young people when approving developments, in particular mining or fossil fuel developments, and proposals which have the potential to release greenhouse gases.[26]
Prizes and awards
[edit]| 2021 | Children's Climate Prize, finalist[27] |
| 2021 | Women's Agenda Top 10 Women that lifted us in 2021 |
| 2022 | Victorian Honour Roll of Women: Emerging leader[28] |
| 2023 | Women's Agenda Emerging Leader in Climate Action[29] |
References
[edit]- ^ a b "Anjali Sharma, from Melbourne, Australia, is presented as the fourth finalist for the 2021 Children's Climate Prize". Mynewsdesk. Retrieved 29 December 2021.
- ^ a b c "Sharma court finds duty of care to protect young Australians from future injury from climate change". Finlaysons Lawyers. Retrieved 29 December 2021.
- ^ a b Sainty, Lane (17 October 2021). "Environment minister appeals ruling in teenagers' climate change court case". The Australian. Retrieved 29 December 2021.
- ^ "Climate change judgement in Federal Court says Minister must protect young people". Cairns News. 9 June 2021. Retrieved 29 December 2021.
- ^ a b "Anjali Sharma & others win against the Minister for Environment". bharattimes.com. 27 May 2021. Retrieved 29 December 2021.
- ^ Hislop, Madeline (22 December 2021). "The moments & women that lifted us in 2021". Women's Agenda. Retrieved 29 December 2021.
- ^ "Climate litigation up in 2021, with private sector now exposed". China Dialogue. 21 December 2021. Retrieved 29 December 2021.
- ^ "Three significant climate change developments in Australia and overseas with implications for resource projects - Knowledge - Clayton Utz". www.claytonutz.com. Retrieved 29 December 2021.
- ^ "Sharma v Minister for Environment". Equity Generation Lawyers .. Retrieved 29 December 2021.
- ^ "Sharma and others v. Minister for the Environment". Climate Change Litigation. Archived from the original on 29 December 2021. Retrieved 29 December 2021.
- ^ "Australia climate change: Court overturns teenagers' case against minister". BBC News. 15 March 2022.
- ^ "Liability and Climate Change Litigation: The Landmark decision of Sharma v Minister for the Environment | Russell Kennedy Lawyers". www.russellkennedy.com.au. Retrieved 29 December 2021.
- ^ "Superimposing private duties on the exercise of public powers: Sharma v Minister for the Environment – AUSPUBLAW". Retrieved 29 December 2021.
- ^ "The teenagers and the nun trying to stop an Australian coal mine". BBC News. 15 December 2021. Retrieved 29 December 2021.
- ^ "What Do We Know About Anjali Sharma, The 17-Year-Old Climate Activist Who Is Taking On The Australian Government?". 19 October 2021. Retrieved 29 December 2021.
- ^ "The schoolgirl who took Australia's environment minister to court on climate change". SBS Your Language. Retrieved 29 December 2021.
- ^ Perkins, Miki (5 March 2021). "Anjali Sharma breaking new ground in climate fight". The Sydney Morning Herald. Retrieved 29 December 2021.
- ^ "In the Sharma case, Australia's federal court must not avert its eyes from the climate crisis | Kieran Pender". the Guardian. 21 October 2021. Retrieved 29 December 2021.
- ^ Sharma, Anjali (28 April 2022). "Dear politicians, young climate activists are not abuse victims, we are children who read news". The Guardian. London, United Kingdom. ISSN 0261-3077. Retrieved 28 April 2022.
- ^ Sharma, Anjali (10 July 2024). "In 2022, I left court in tears. Standing in parliament felt like deja vu". The Sydney Morning Herald. Retrieved 27 July 2024.
- ^ "Anjali Sharma on the Australian government's moral duty to protect young people | Missing Perspectives". 15 August 2022.
- ^ Hislop, Madeline (28 June 2024). "Anjali Sharma vows to keep fighting as Labor-led Senate committee rejects 'duty of care' bill". Women's Agenda.
- ^ "Sharma by her litigation representative Sister Marie Brigid Arthur v Minister for the Environment (No 2) [2021] FCA 774". www.judgments.fedcourt.gov.au. Retrieved 29 December 2021.
- ^ "17yo Anjali Sharma took on the Morrison Government over climate change. Now she's up for an international prize". Women's Agenda. 14 October 2021. Retrieved 29 December 2021.
- ^ March 2024/anjali-sharma-taking-government-to-task-on-climate-change/103410358 "Meet the teenager going toe-to-toe with pollies to pass a controversial law. Will she succeed?". ABC News. 10 March 2024. Retrieved 27 July 2024.
{{cite news}}: Check|url=value (help) - ^ "WoroniYouth Activists' Push for Climate Duty of Care Bill". Woroni. 3 March 2024. Retrieved 27 July 2024.
- ^ Hislop, Madeline (14 October 2021). "17yo Anjali Sharma took on the Morrison Government over climate change. Now she's up for an international prize". Women's Agenda. Retrieved 29 December 2021.
- ^ "Victorian honour roll of women inductees". www.vic.gov.auundefined. 5 October 2023. Retrieved 27 July 2024.
- ^ "2023 Winners". 2024 Women's Agenda Leadership Awards. Retrieved 17 September 2024.