CJI led bench highlighted that climate change significantly affects the constitutional guarantee of the right to life. The court emphasized the necessity for India to prioritize clean energy endeavors like solar power, asserting that citizens deserve protection from the adverse impacts of the climate crisis.
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NEW DELHI: The Supreme Court, emphasized the profound intersection between climate change and constitutional rights, particularly the right to equality. The apex court’s declaration came in the context of establishing a committee tasked with striking a delicate balance between preserving the critically-endangered Great Indian Bustard and advancing renewable energy infrastructure in the states of Rajasthan and Gujarat.
In a poignant reflection on the ramifications of climate change, the Court revisited its earlier directive issued in April 2021, mandating the undergrounding of overhead transmission lines spanning an expansive area exceeding 80,000 square kilometers across the aforementioned states. However, recognizing the evolving complexities inherent in this endeavor, a bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra underscored the necessity for a nuanced approach.
The bench articulated,
“Climate change may impact the constitutional guarantee of the right to equality.”
This statement underscores the gravity with which climate change impinges upon fundamental rights enshrined in the Indian Constitution. It serves as a poignant reminder that environmental degradation and ecological imbalance disproportionately affect marginalized communities, exacerbating existing inequalities.
Furthermore, the Court expounded on the intrinsic connection between environmental degradation, climate change, and the realization of fundamental rights, particularly the right to life. The bench elucidated,
“Without a clean environment which is stable and unimpacted by the vagaries of climate change, the right to life is not fully realized.”
This profound assertion highlights the indispensable role of environmental sustainability in safeguarding the essence of life itself.
Moreover, the bench underscored the multifaceted impact of climate change on public health, an essential component of the right to life under Article 21 of the Constitution. It elucidated,
“The right to health is impacted due to factors such as air pollution, shifts in vector-borne diseases, rising temperatures, droughts, shortages in food supplies due to crop failure, storms, and flooding.”
This comprehensive enumeration underscores the far-reaching consequences of climate change, encompassing not only environmental degradation but also its cascading effects on public health, livelihoods, and overall well-being.
The Great Indian Bustard (GIB), a majestic bird species endemic to the regions of Rajasthan and Gujarat, faces a critical threat to its survival due to a significant decline in its population. The primary cause attributed to this decline is the frequent collisions of GIBs with overhead power transmission lines, including those associated with solar plants, situated in close proximity to their habitats.
Due to their unique physiology, characterized by lateral vision, GIBs find it challenging to alter their flight path when confronted with live wires, leading to fatal collisions. This perilous interaction underscores the urgent need to address the infrastructure-related risks posed to this endangered species.
Recognizing the broader ramifications of inadequate infrastructure and its impact on communities, the Supreme Court highlighted the issue of unreliable electricity supply, which not only impedes economic progress but also disproportionately affects marginalized groups, including women and low-income households. Such disparities perpetuate existing inequalities, emphasizing the need for inclusive and equitable development initiatives.
In an effort to address these pressing concerns, the apex court, in an order issued on March 21, established an expert committee comprising eminent individuals with expertise in wildlife conservation, renewable energy, and environmental governance. The committee’s mandate encompasses the evaluation of measures to mitigate the impact of transmission lines on GIB habitats, as well as the facilitation of solar power generation through responsible infrastructure planning.
In its deliberations, the bench emphasized the fundamental right to a healthy environment, affirming that every individual is entitled to live in a clean, safe, and conducive environment that promotes well-being. By acknowledging this right and recognizing the imperative to combat climate change, states are compelled to prioritize environmental protection and sustainable development, thereby safeguarding the rights of present and future generations.
Furthermore, the judgment underscored India’s obligations under international law to mitigate greenhouse gas emissions, adapt to climate impacts, and uphold the fundamental rights of all individuals to live in a healthy and sustainable environment. This recognition underscores the interconnectedness of environmental stewardship, human rights, and global sustainability efforts.
The legal intervention stemmed from a petition filed by wildlife activist MK Ranjitsinh and others, seeking protection for the GIB and mitigation of threats posed by infrastructure development. The court’s proactive stance builds upon its previous directives issued in 2021, wherein it mandated the replacement of overhead electric cables with underground alternatives and the installation of bird diverters in priority areas inhabited by GIBs.
In conclusion, the Supreme Court’s judgment reflects a holistic approach to environmental conservation and sustainable development, recognizing the intrinsic value of biodiversity and the imperative to reconcile competing interests while safeguarding the rights of both humans and wildlife. It underscores the importance of proactive measures to address environmental challenges and underscores the need for collaborative efforts to ensure the preservation of endangered species and the protection of our shared natural heritage.
In essence, the Supreme Court’s pronouncement serves as a clarion call for a holistic approach towards environmental conservation, one that acknowledges the intricate nexus between climate change, constitutional rights, and societal well-being. It underscores the imperative for policymakers, stakeholders, and civil society to prioritize sustainability and resilience in the face of escalating environmental challenges, thereby ensuring the equitable realization of constitutional guarantees for all citizens.
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