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In a recent case concerning the conservation of the critically endangered Great Indian Bustard (GIB), the Supreme Court has affirmed that individuals have the "right to protection from the adverse effects of climate change," a right that must be safeguarded under Articles 14 and 21 of the Constitution.

Further Details

The Bench underscored the growing importance of the intersection between climate change and human rights, stressing the immediate necessity for states to address climate-related impacts through a rights-oriented framework.

The Supreme Court Case: Protecting the Great Indian Bustard

The case before the Supreme Court revolves around a writ petition filed by retired government official and conservationist M K Ranjitsinh, aimed at securing protection for the critically endangered Great Indian Bustard (GIB) and the Lesser Florican.

Key Demands of the Petition

• Emergency Response Plan: The petition calls for the formulation and execution of an emergency response plan to safeguard and revive the GIB population.
• Installation of Bird Diverters: Among other measures, the petition advocates for the installation of bird diverters to prevent collisions with power infrastructure.
• Halt of New Projects: It demands halting the approval of new projects and lease renewals for existing projects in critical habitats.
• Dismantling Power Infrastructure: The petition emphasises the dismantling of power infrastructure like overhead transmission lines, wind turbines, and solar panels within and around vital habitats of the GIB.

Supreme Court Hearing

• Modification Appeal: During a hearing in March, the apex court considered an appeal to modify its April 19, 2021 order, which restricted the establishment of overhead transmission lines within a territory spanning approximately 99,000 sq km in the GIB habitat across Rajasthan and Gujarat.
• Concerns Raised: The Ministry of Power, Ministry of Environment, Forest and Climate Change, and Ministry of New and Renewable Energy filed the modification plea, citing adverse implications for India's power sector.
• Feasibility Challenges: The ministries argued that undergrounding power lines was not feasible and could disrupt power supply.
• International Commitments: Reference was made to India's commitments under the Paris climate treaty, emphasizing the need for transitioning to non-fossil fuel energy sources.

Supreme Court's Ruling on GIB Conservation

• Revised Order: The Supreme Court revisited its previous order from April 2021, directing authorities to assess the feasibility of undergrounding power lines in specific regions. Factors such as terrain, population density, and infrastructure requirements are to be considered in this evaluation.
• Endorsement of Union's Measures: The court acknowledged that its earlier directives were impractical and unlikely to effectively contribute to the conservation of the Great Indian Bustard (GIB). Consequently, it endorsed the Union's affidavit outlining measures aimed at the conservation and protection of the GIB.
• Climate Change Considerations: In addition to endorsing conservation measures, the court emphasized India's obligations in addressing climate change and its adverse impacts. It stressed the importance of factoring in these obligations alongside various competing considerations when making decisions.
• Legal Observations: The ruling made additional observations regarding climate change and legal proceedings in other jurisdictions. It highlighted the need to interpret environmental aspects of the Directive Principles of State Policy in conjunction with the right to life and personal liberty guaranteed under Article 21 of the Constitution.

Implications and Considerations

• Environmental Concerns: The case highlights the delicate balance between environmental conservation and infrastructural development.
• Legal and Policy Implications: The Supreme Court's decision will have far-reaching implications for wildlife conservation efforts and infrastructure development projects.
• International Obligations: India's commitments under international agreements such as the Paris climate treaty play a significant role in shaping domestic policies and legal proceedings.

Interpretation of Article 21 by the Courts

• Foundation of Fundamental Rights: The Supreme Court has long regarded Article 21 as the bedrock of fundamental rights within the Constitution, emphasizing its pivotal role in safeguarding individual liberties.
• Expansive Scope: In the 1980s, the Court expanded the scope of Article 21 to encompass the right to a clean environment, highlighting the evolving nature of fundamental rights in response to societal needs.
• Incorporation of New Rights: Various entitlements, including education, shelter, clean air, livelihood, and medical care, have been subsumed under Article 21, reflecting a broad interpretation of the right to life.
• Policy Implications: The realization of these "new" rights often requires policy formulation and legislative action, prompting the government to address pressing societal issues.
• Legal Standing for Citizens: Explicit recognition of these rights provides citizens with a legal framework to litigate matters related to environmental and social justice in constitutional courts.
• Addressing Environmental Concerns: Despite advancements in recognizing environmental rights, challenges like clean air persist, necessitating continued advocacy and legal intervention.
• International Commitments: The Court acknowledges India's international commitments to mitigate climate change but notes the absence of specific legislation addressing these concerns.
• Protection Against Climate Change: Despite the lack of dedicated legislation, the Court affirms Indians' entitlement to a "right against adverse effects of climate change," emphasizing the importance of safeguarding citizens' interests in the face of environmental challenges.

Supreme Court's Climate Rights Ruling: Key Implications

• Reaffirms India's Climate Commitments: The ruling underscores India's adherence to global climate justice standards, as outlined in agreements like the Paris Agreement. It highlights the nation's obligation to tackle environmental and climate challenges in line with international norms.
• Elevates Climate Change Discourse: By recognizing the right against climate change as fundamental, the ruling elevates discussions surrounding climate issues in both public and political spheres. This acknowledgment prompts concerted efforts to address climate impacts and promote sustainable practices.
• Expands Environmental Jurisprudence: The ruling broadens the scope of environmental law within constitutional courts, allowing citizens to seek legal recourse against climate-related threats. This expansion facilitates proactive measures to protect the environment and ensure ecological sustainability.
• Establishes Legal Precedent: In the absence of comprehensive climate legislation, the ruling sets a significant legal precedent. It provides a framework for future judicial decisions and legislative actions aimed at combating climate change and safeguarding individual rights.
• Acknowledges Vulnerability: By acknowledging the vulnerability of Indian communities to climate change, the ruling emphasizes the urgency of environmental action. It underscores the importance of inclusive measures to shield populations from climate impacts, aligning with scientific findings and reports from bodies like the Intergovernmental Panel on Climate Change (IPCC).

Prominent Supreme Court Decisions Regarding Environmental Matters

• MC Mehta vs Kamal Nath (2000)

• SC held that any disruption of essential environmental elements (air, water, soil) necessary for life constitutes a threat to life under Article 21 of the Constitution.
• Recognized the right to live in a healthy environment, enjoy pollution-free water and air, and inhabit a pollution-free environment as part of the right to life under Article 21.

• Virender Gaur vs State of Haryana (1995)

• Highlighted the duty of state governments and municipalities to implement measures for promoting, protecting, and enhancing both natural and man-made environments.

• Karnataka Industrial Areas Development Board vs C Kenchappa (2006)

• Acknowledged the adverse impacts of rising sea levels and global temperatures, emphasizing the need for environmental conservation measures.

• Bombay Dyeing & Mfg. Co. Ltd. (3) v. Bombay Environmental Action Group (2006)

• Recognized climate change as a significant threat to the environment, underscoring the importance of addressing climate-related challenges.

Way Forward

• Legislative Action: Parliament should enact comprehensive legislation specifically addressing climate change and its impacts. This legislation should outline clear guidelines, targets, and mechanisms for mitigating greenhouse gas emissions, promoting renewable energy adoption, and enhancing climate resilience across sectors.
• Policy Formulation: The government should develop robust policies and action plans aligned with international commitments under agreements like the Paris Agreement. These policies should prioritize climate adaptation and mitigation measures while ensuring social equity and environmental justice.
• Strengthening Enforcement Mechanisms: Efforts should be made to strengthen enforcement mechanisms to ensure compliance with environmental laws and regulations. This includes enhancing monitoring, enforcement, and penalties for environmental violations to deter non-compliance.
• Public Awareness and Participation: Public awareness campaigns and community engagement initiatives should be intensified to foster greater understanding of climate change issues and encourage sustainable practices at the grassroots level. Citizen participation in decision-making processes related to environmental conservation and climate action should be encouraged.
• Capacity Building and Research: Investments should be made in capacity building and research initiatives to enhance scientific understanding of climate change impacts and adaptation strategies. This includes supporting research institutions, universities, and civil society organisations engaged in climate research and advocacy.
• Collaboration and Partnerships: Collaboration between government agencies, civil society organisations, academia, and the private sector should be promoted to leverage resources, expertise, and innovation for effective climate action. International partnerships and cooperation can also play a crucial role in addressing transboundary environmental challenges.
• Integration of Climate Considerations: Climate considerations should be mainstreamed across sectors and development planning processes. This includes integrating climate risk assessments into infrastructure development, urban planning, agriculture, water resource management, and disaster preparedness initiatives.
• Judicial Oversight: The judiciary should continue to play an active role in safeguarding environmental rights and holding authorities accountable for addressing climate change impacts. Courts can provide a forum for adjudicating environmental disputes, enforcing environmental laws, and ensuring compliance with constitutional provisions related to environmental protection.