New Delhi. Policy experts said on Monday that the Supreme Court’s recognition of the right against climate change as a fundamental human right will encourage serious discussion on this important topic. He said India’s transition to clean energy to fight climate change should not lead to environmental injustice.
The apex court in its judgment expanded the scope of Article 14 (right to equality before law) and Article 21 (right to life) of the Constitution to include the ‘right against the adverse effects of climate change’. The top court gave this decision on a petition filed regarding the need for conservation of the endangered bird species Great Indian Bustard.
The Great Indian Bustard (GIB) is found exclusively in Rajasthan and Gujarat, and the alarming decline in their numbers is due to their frequent collisions with overhead power transmission lines, including solar plants, near their habitat.
The top court withdrew its earlier order in April 2021, which required undergrounding of overhead transmission lines over an area of more than 80,000 sq km in the two states. The bench has constituted a committee to suggest balancing measures between conservation of the endangered bird ‘Great Indian Bustard’ and renewable energy infrastructure in the state of Rajasthan and Gujarat.
Climate activist Harjit Singh said the decision emphasizes that citizens have an inalienable right to a life protected from the adverse impacts of the climate emergency, while India’s transition to clean energy, particularly solar energy, is ‘independent of fossil fuels’. The legacy of inherent environmental injustice must not be repeated.
Priya Pillai, head of the state climate action program at the Asian Society for Academic Research, said renewable energy projects in states like Karnataka and Tamil Nadu are impacting marginalized communities that depend on natural resources.
He said that co-existence with nature is more important than relying only on technology-based solutions and also advocated policy changes to protect the natural ecosystem.
Pillai said his research on the socio-ecological impacts of large-scale renewable energy in Karnataka and Tamil Nadu revealed that it had adverse impacts on small farmers, landless labourers, rural communities, especially women who were disadvantaged by solar power plant development. Facing displacement or lack of access to essential resources due to associated land-acquisition issues.
Debadityo Sinha, senior resident fellow and head of the climate and ecosystems team at the Center for Legal Policy, said such recognition of environmental rights points to matters of public concern and highlights shortcomings in existing laws and policies.
He said that the apex court’s recognition of the ‘right against the adverse effects of climate change’ is expected to set a remarkable legal precedent. This is likely to influence public discussions on environmental issues around the climate crisis and may shape laws and policies for years to come.
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Tags: Climate Change, Supreme Court
FIRST PUBLISHED: April 8, 2024, 23:50 IST