While the recent verdicts from the Supreme Court represents a significant advancement toward climate justice, it’s imperative that its execution places emphasis on safeguarding the rights and fortitude of marginalized communities.
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NEW DELHI: In April 2024, the Supreme Court of India issued a landmark order in the case of MK Ranjitsinh & Ors vs Union of India & Ors, recognizing for the first time the fundamental right of people against the adverse impacts of climate change. This decision represents a significant stride towards fulfilling India’s constitutional promises of social justice, dignity, and freedom.
This historic ruling arose from a petition by environmentalists seeking to protect two endangered bird species—the Great Indian Bustard and the Lesser Florican. However, while the order is a milestone in environmental law, it also highlights critical tensions between India’s international commitments to mitigating climate change and the need to protect the livelihoods of marginalized communities while enhancing their resilience to climate change.
In an earlier ruling in April 2021, the Supreme Court had restricted the governments of Gujarat and Rajasthan from installing overhead high-tension wires in the habitats of the two critically endangered bird species, noting that these wires caused bird collisions and deaths. The Court had ordered that the cables be moved underground.
However, in April 2024, the Supreme Court modified this order in response to a petition from the Government of India, which argued that a blanket order to move cables underground would adversely affect renewable energy production. The Court recognized the crucial role of renewable energy in promoting social equity and attempted to accommodate the use of critical habitats for renewable energy projects.
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As stated in the judgment-
“The designated area for undergrounding also holds the majority of untapped potential for harnessing wind and solar energy. Currently, only 3% of this potential has been utilized.”
The judgment further noted that if this potential remained untapped, the alternatives—coal and thermal power plants—would adversely impact the health of local people and the planet. This context led the Court to recognize the rights of people against the impacts of climate change. However, it appears to conflate climate action with mitigation alone, overlooking that people also have the right to adapt to an already changing environment.
The arid lands of Gujarat and Rajasthan, the last remaining habitats of the Great Indian Bustard, are often classified as ‘wastelands’ due to their unsuitability for conventional agriculture or forestry. This classification makes them prime candidates for developmental activities, including large-scale renewable energy projects like solar and wind. This sets the stage for conflict, where the imperatives of climate action clash with conservation goals.
In Karnataka, where approximately 77% of the land is arid or semi-arid and climate change exacerbates aridity, the potential for conflicts such as climate mitigation versus livelihood protection is high. Historically, communities in these drought-prone regions have relied on livestock rearing, particularly small ruminants, for income and nutritional security. Data indicates that 21 out of 31 districts in Karnataka—which house 98.8% of the state’s solar and wind projects—also contribute 90% of the state’s small ruminant population. This highlights the tension between renewable energy development and existing livelihoods.
For example, in Challakere taluk of Chitradurga district, 10,000 acres of grazing lands crucial to nearly 70 villages were handed over to research institutes, including about 1,000 acres for a solar park. This disrupted local sheep rearing and weaving activities. Similarly, in Pavagada in Tumkur district, a solar park occupying 4,000 acres of farmland and grazing lands has failed to provide dignified employment for locals, disproportionately impacting women and landless laborers. Ironically, those who sold their lands for the park now endure frequent power cuts despite the park’s capacity to supply electricity to millions of homes.
The proliferation of large-scale renewable projects and other development activities on these perceived wastelands exacerbates the marginalization of dependent communities by depriving them of their lands and livelihoods. It would be a travesty if these marginalized communities had to bear the brunt of mitigating a crisis they scarcely contribute to. The burden of climate action must fall on those who profit most from environmental exploitation. Prioritizing the resilience and rights of the most vulnerable communities should be the cornerstone of India’s climate justice efforts. Taking immediate steps to protect people from the impacts of climate change they are already facing would indeed be a radical step towards climate justice.
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As Karnataka gears up to implement the State Action Plan for Climate Change (SAPCC), policymakers must adopt a multifaceted approach. Policy frameworks should prioritize building the capacity of marginalized communities to adapt to climate change. This includes preserving commons and wild habitats, empowering panchayats to mitigate and respond to extreme weather events, and enhancing the resilience of dryland communities through targeted interventions such as improving livestock management practices and access to water resources.
While the Supreme Court’s judgment signifies a crucial step towards climate justice, its implementation must prioritize the rights and resilience of marginalized communities. Prioritizing large-scale renewables at the cost of common lands and local livelihoods will move us further away from social equity. India’s international commitments must not overshadow the need to build resilience at the local level. By embracing an inclusive approach that balances environmental conservation, climate change mitigation, and social justice, India can pave the way for a sustainable and just transition to energy security.
