Editorial of the day (18th Apr): Great Indian Bustard and Climate Action Verdict

This editorial covers the recent Supreme Court judgment has recognized a fundamental right to be free from the adverse impacts of climate change.

Table of Contents

Context: The recent Supreme Court judgment has recognized a fundamental right to be free from the adverse impacts of climate change. This landmark decision has drawn considerable attention, particularly regarding its implications for protecting the Great Indian Bustard.

The Right: Recognizing and Analyzing

Background: The case stemmed from concerns over the impact of renewable energy projects on the critically endangered Great Indian Bustard in Rajasthan and Gujarat.
Supreme Court’s Decision: The Court imposed a ban on overhead power lines in areas crucial for bustard conservation, sparking a debate between biodiversity protection and India’s climate commitments.
Recognition of the Right: The Court recognized a broader right against the adverse impacts of climate change, rooted in constitutional principles of equality and life.
Limitations and Future Discourse: While the Court acknowledged the existence of the right, it refrained from articulating its specific parameters, allowing for a more informed discourse in the future.

Just Transition Framework: Promoting Equitable Climate Action

The framework

It aims to make transitions to a low carbon economy more equitable and inclusive.
It particularly serves the interests of those most affected by such transitions.
This includes, inter alia, workers, vulnerable communities, and small and medium-sized enterprises

Understanding the Core Issue

The central issue in this case highlighted the tension between biodiversity conservation and climate action, framing them as adversarial choices.

Adopting the Just Transition Framework

Utilizing the just transition framework can mitigate this tension by fostering inclusive and equitable climate policies.

Advantages of the Framework:

Preclusion of Adversarial Choices: The framework prevents climate action and biodiversity protection from being pitted against each other.
Reflexive and Inclusive Climate Rights: It enables the articulation of more reflexive and inclusive climate rights, sensitive to the interests of both humans and non-human nature.
Pioneering Inclusive Climate Litigation: This approach positions the case as a frontrunner in considering non-human interests in climate litigation, contributing to the expansion of the concept of a just transition.

About Great Indian Bustard

Conclusion

While the recognition of the right against climate change is a significant step, its articulation and enforcement require a shared effort from the state, activists, litigants, and academics. Through the adoption of inclusive frameworks like the just transition, India can pave the way towards a sustainable and resilient future for all.