Tangelic Talks – Season 02 | Episode 03
Legal Tools to Fight Climate Change: Megha Phadkay on Youth, Policy, and Empowerment
9 minutes to read
In this powerful and wide-ranging conversation, we spoke with Megha Phadkay, an environmental lawyer and climate advocate, about how legal systems can be reimagined as tools for justice and resistance in the face of the climate crisis.
Megha shared what first drew her to environmental law and how she came to see it not just as a technical field, but as a deeply human one—where law and community storytelling meet to challenge injustice. She emphasized the importance of centering lived experiences in legal spaces that often feel distant. We explored how climate litigation is becoming a growing strategy for communities around the world—from holding governments accountable to pushing corporations toward responsibility. Megha offered insight into what makes a lawsuit impactful: not just airtight legal arguments, but the power of narrative, science, and solidarity working together.
Youth-Led Climate Action: Power in Perspective
As a 23-year-old lawyer, Megha brings a fresh, passionate voice to the climate space. She highlights the power of youth engagement, especially in spaces that promote open dialogue, creativity, and emotional resilience. “Youth voices are raw and unfiltered,” she explains. “They dare to dream big, and that’s exactly what climate action needs.”
Her journey began at age 15, working on wildlife water holes with tribal communities in Maharashtra, India. That early experience sparked a realization: environmental protection is inseparable from protecting the people who live with and defend those ecosystems.
Understanding Climate Law vs. Policy
Megha breaks down the often-confused distinction between policy and law. Laws, created by legislatures, are enforceable rules with legal consequences. Policies, crafted by executives or private institutions, are less binding and more open to interpretation.
This gap is significant in countries like India, where strong environmental laws exist, but comprehensive climate laws are still lacking. “We have missions and policy documents, but not enforceable climate laws,” Megha explains.
The Role of Strategic Litigation
Climate lawsuits are growing tools for communities to demand action. Megha outlines the three pillars of successful climate litigation:
Strong Legal Basis – Constitutional rights, environmental statutes, and international treaties.
Compelling Storytelling – Human stories that highlight local impacts.
Credible Science – Data and evidence to validate harm.
She cites landmark cases like the Urgenda Foundation in the Netherlands and Pakistan’s Leghari v. Federation, where communities won against governments for failing to act on climate.
Community Participation and Policy Evolution
Megha stresses that community involvement is key to shaping policy. She advocates for increased public participation in legal judgments and policy design, especially for communities directly impacted by climate decisions.
Her experience working on India’s National and State Action Plans on Climate Change shows how top-down policies can be localized into city-level plans with proper engagement.
Challenges and Opportunities in Enforcement
India’s environmental legal system has strong civil society participation, but weak enforcement. Local politics and economic interests often dilute legal mandates, and community voices are frequently sidelined.
Megha believes stronger enforcement mechanisms, clearer accountability, and inclusive governance can bridge these gaps.
The Potential of Environmental Personhood
She also touches on emerging legal concepts like environmental personhood, where natural entities like rivers are granted legal rights. Though promising, implementation faces legal and political hurdles.
Advice to the Next Generation
For youth inspired to act, Megha offers two key pieces of advice:
There’s a place for everyone in the climate movement, regardless of profession.
Start conversations at home and use visuals and games to make climate issues relatable.
Thought Provoking Q&A Session with Megha Phadkay
I think the law should be more than just a law—it should be a living provision that grows through community participation. One way this happens is by involving the public in the lawmaking process and also by considering their voices when judgments are made. Unfortunately, public participation is increasingly being restricted, especially through recent legal amendments.
Take the Forest Rights Act in India, for example. With each amendment, the scope for public engagement is being reduced. What used to be a deliberative five-day consultation process has now been watered down to something as minimal as just sending a notice. It's still legal, yes—but it's legal in a way that limits real involvement.
If I were to advocate for a climate law today, I’d argue that climate cases shouldn’t be based solely on legal technicalities. They should also center community impacts. The opinions and experiences of affected communities must be prioritized. For instance, imagine a petition with a million signatures—if just 100 of those are from people in the directly impacted community, those 100 should carry more weight than random support from elsewhere.
Of course, this faces barriers. One is local politics—there's always tension between development goals and environmental concerns. Another challenge is the size of the affected community. What happens if the community consists of just 50 people? In such cases, participation should be broadened to include neighboring communities as well. Expanding public participation, especially in judicial decisions, is critical to advancing meaningful climate justice.
One of the main misconceptions I’ve encountered in my work in ocean conservation and policy is the idea that only coastal areas are impacted by the ocean. People often think, ‘I don’t live near the coast, so ocean issues don’t affect me.’ But that’s simply not true.
Climate impacts on the ocean—like sea level rise and pollution—affect all of us, not just coastal communities. These changes influence the economy, water availability for agriculture, food security, and even national security, particularly in relation to strategic military zones.
So yes, ocean issues are everyone’s issues. Just like with climate change, there’s this false sense of distance—people assume it’s happening ‘over there,’ and they’re fine ‘over here.’ But in reality, we’re all connected to and impacted by what happens in the ocean.
One of the things that’s been done really well in India is civil society participation. We have a strong network of NGOs, community organizations, and individual advocates who are raising awareness, gathering public support through petitions, and providing crucial evidence for courts to deliberate on. This has been especially important in cases handled by the National Green Tribunal.
However, what continues to be a major challenge is enforcement. Even when judgments are passed, the implementation and follow-up are often lacking. While some enforcement mechanisms do exist, they’re not rigorously monitored or consistently applied on the ground.
This gap is largely due to the complexity and influence of local politics, which often hinder proper enforcement. It’s a bit like the UN—strong recommendations are made, but whether they’re actually followed is another matter. That’s a huge gap.
Additionally, doctrines like the public trust principle, polluter pays, and intergenerational equity—many of which originate from major international agreements like the Paris Agreement or the Kyoto Protocol—may not form the sole legal basis for a case, but they are increasingly used to strengthen climate litigation.
For example, the polluter pays principle is now cited in almost every pollution-related case in India. It’s become a formalized part of legal reasoning, used consistently to reinforce arguments in court. From my perspective, these principles are essential, even if they're often considered supplementary rather than central pillars of a case. Hopefully, in the coming decades, we’ll see them evolve into foundational legal norms.
I find this topic really compelling because I work directly in the space where climate policies and environmental laws intersect with actual community harm. There are several constitutional provisions that enable this kind of work—like the right to life and the right to clean air, both of which can be invoked in cases of human rights violations tied to environmental issues.
One case I really wanted to highlight is MK Ranjit Singh vs. Union of India, also known as the Great Indian Bustard case. The judgment came out in May 2024, so it’s very recent. The Great Indian Bustard is a large, critically endangered bird, and the case revolved around its remaining habitats being impacted by large-scale solar and wind projects. Although these projects are typically seen as pro-environment or pro-climate, they were built in areas where these birds lived, and the overhead power lines led to a dramatic increase in bird deaths, pushing the species even closer to extinction.
The petitioners argued that climate solutions can’t come at the cost of ecological destruction. And the Supreme Court agreed—they won the case.
To me, what makes this case especially important for climate justice is that it forces us to ask: Can climate action truly be just if it overlooks local ecosystems, endangered species, or communities? Just because something is labeled ‘pro-environment’ doesn’t automatically make it just. I think this gray area is where we need to focus—because exploring it can help us translate global climate policies more effectively into local contexts. I'm really interested in how this interplay will evolve.
It’s definitely something we can do. As I mentioned earlier, there are three pillars to making a strong climate case: laws, storytelling, and climate data. That third pillar—robust climate data—is crucial to ensuring that action happens on the ground. Especially when that data is regional and locally collected from NGOs and community climate databases, it becomes much more powerful in strengthening our case.
This kind of data is also essential for accessing mechanisms like the Loss and Damage Fund—an international fund supported by various countries at the COP level. That’s where international alliances become really important. For instance, Bangladesh successfully secured funding from this mechanism at the last COP. It’s not a small amount—it’s a significant sum that, if used strategically, can make a major impact on adaptation efforts.
But to access that support, you have to prove that real loss and damage have occurred. That’s where localized climate data comes in—it provides the evidence needed to make a compelling case, secure the funding, and use it effectively to strengthen a country’s climate resilience.
Megha Phadkay
Environmental Lawyer and Climate Advocate

Megha Phadkay is a 23-year-old environmental lawyer and climate advocate working at the intersection of law, climate risk, and community storytelling. Her work explores how legal systems can be used as tools for climate justice- from grassroots-led campaigns to courtroom battles that hold governments and corporations accountable.
She has worked with organizations like UNICEF, Greenpeace International, Clifford Chance and the Pune International Centre, and is a U.S. State Department Climate Action Fellow. Megha has supported litigation research at India’s National Green Tribunal and authored policy recommendations for urban climate governance. She is also a fellow in ocean conservation policy with MOVHERS, and a certified Climate Fresk facilitator, leading climate education workshops across campuses and workplaces.
A TEDx speaker and co-author of the book “Sustainable and Climate Resilient Development Challenges for India (2024)”, Megha brings legal insight, grounded advocacy experience, and a deep belief in the power of communities to shape climate action.