In a landmark decision, the Indian Supreme Court recognized the right to a clean environment free from climate change as an extension of the fundamental rights to life and equality. This means the government has a legal duty to protect citizens from climate harm.
Tag: GS- 2 – Directive principles of state policy -SC, GS-1 – Geography – physical geography- climate change
Context:
- The Supreme Court has expanded the scope of Articles 14 and 21 to include the right against the adverse effects of climate change.
Background of the case:
- The recent judgement came on a petition by wildlife activists to protect the Great Indian Bustard (GIB), a critically endangered bird found only in Rajasthan and Gujarat.
Protection of GIB and April 2021 verdict of SC:
- In April 2021, the Supreme Court issued an order imposing restrictions on the establishment of overhead transmission lines within an area encompassing approximately 99,000 square kilometres.
- The court proposed the conversion of existing overhead low and high voltage lines into underground power lines.
Government’s Request for Amendment:
- Subsequently, the Ministry of Environment, Forests, and Climate Change, Ministry of Power, and Ministry of New and Renewable Energy approached the Supreme Court seeking a modification of its directives.
- The government argued that adhering to the order would hinder India’s efforts to fulfil its global commitments to reduce carbon emissions, as many major solar and wind energy installations are located in the affected area.
Modification of the Order:
- In March 2024, the Supreme Court revisited its earlier ruling and acknowledged the practical obstacles associated with its implementation.
- These challenges included technical complexities, land acquisition issues, and high costs. In light of these considerations, the court modified its April 2021 order.
- While doing so, the court emphasised the importance of climate change jurisprudence and underscored the need to balance the conservation of the GIB with promoting renewable energy and environmental preservation as a whole.
Key highlights of the judgement:
Pointed out technical challenges in implementing the April 2021 order
- The Supreme Court highlighted technical challenges associated with implementing the April 2021 order.
- It noted that underground power transmission cables are currently available only in 400 KV with lengths of 250 meters.
- This could result in more joints, leading to leaks, and transmission loss in such cables is about five times higher as they don’t efficiently transmit AC power.
- Additionally, the Electricity Act does not contemplate the acquisition of land for laying underground cables, as overhead transmission lines require only the right of way.
Formed a nine-member committee of experts:
- The Supreme Court established a nine-member committee of experts tasked with assessing the feasibility of undergrounding power lines in specific areas. It directed the committee to submit a report by July 31, 2024.
Pointed out India’s commitment towards renewable energy:
- The court underscored India’s commitment to renewable energy, citing its goal to achieve an installed renewable energy capacity (excluding large hydro) of 175 GW by 2022, with a future goal of 450 GW installed capacity by 2030.
- It emphasised that this commitment signifies the country’s dedication to clean energy adoption, framing it not only as a strategic energy goal but also as a fundamental necessity for environmental preservation.
Highlighted the benefits of promotion of renewable energy:
- The Supreme Court emphasised the socio-economic benefits of promoting renewable energy sources, noting that it plays a crucial role in promoting social equity by ensuring access to clean and affordable energy for all segments of society, especially in rural and underserved areas.
- It further highlighted that this contributes to poverty alleviation, enhances quality of life, and fosters inclusive growth and development across the nation.
India urgently needs to shift to solar power due to three impending issues:
- The court pointed out three impending issues necessitating India’s shift to solar power.
- Firstly, it noted that India is expected to account for 25% of global energy demand growth over the next two decades, emphasising the need for enhanced energy security and self-sufficiency while mitigating environmental impacts.
- Secondly, it highlighted the need to combat rampant air pollution caused by fossil fuels by transitioning to cleaner energy sources like solar.
- Lastly, it emphasised the importance of diversifying energy sources in response to declining groundwater levels and decreasing annual rainfall, noting that solar power does not strain groundwater supplies like coal does.
Climate change through the lens rights:
- The Supreme Court highlighted the intersection between climate change and human rights, emphasising the imperative for states to address climate impacts through the lens of rights.
- It noted that the right to a healthy and clean environment is part of the duty of care, compelling states to take effective measures to mitigate climate change and ensure that all individuals have the necessary capacity to adapt to the climate crisis
Highlighted the existing constitutional provisions and associated challenges:
- Article 48A of the Constitution provides that the State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.
- Clause (g) of Article 51A stipulates that it shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.
- However, these are not justiciable provisions, they are mere indications that the Constitution recognises the importance of the natural world.
Factors Affecting Climate Change:
Natural Factors:
- Continental Drift: Landmass movements over millions of years alter physical features and affect climate by changing ocean currents and wind patterns.
- Volcanism: Eruptions emit gases and dust particles, partially blocking sunlight and cooling weather.
- Changes in Earth’s Orbit: Variations in orbit affect seasonal sunlight distribution, leading to Milankovitch cycles and impacting climate.
Anthropogenic Factors:
- Greenhouse Gases: Human-caused increase in global surface temperature due to gases absorbing heat radiation.
- Atmospheric Aerosols: Particles scatter and absorb solar and infrared radiation, influencing temperature and cloud formation.
- Shift in Land-Use Pattern: Deforestation and land conversion for agriculture or industry alter energy absorption and moisture evaporation, affecting albedo and temperature.
Expanded the scope of fundamental rights to include right against adverse effects of climate change:
- Article 21 recognises the right to life and personal liberty while Article 14 indicates that all persons shall have equality before law and the equal protection of laws.
- These Articles are important sources of the right to a clean environment and the right against the adverse effects of climate change.
- Without a clean environment which is stable and non impacted by the vagaries of climate change, the right to life is not fully realised.
- The right to health (which is a part of the right to life under Article 21) is impacted due to factors such as air pollution, shifts in vector-borne diseases, rising temperatures, droughts, etc.
- The inability of underserved communities to adapt to climate change or cope with its effects violates the right to life (Article 21) as well as the right to equality (Article 14).
India’s Response to Climate Change:
- National Action Plan on Climate Change (NAPCC): Outlines policies and programs for climate mitigation and adaptation, including eight core national missions with strong adaptation imperatives.
- National Clean Energy Fund (NCEF): Established in 2010 to finance and promote clean energy initiatives and research through a cess on coal production, subsequently increased in 2014.
- Paris Agreement Commitments: India aims to reduce greenhouse gas emission intensity by 33-35% below 2005 levels by 2030, achieve 40% power capacity from non-fossil fuel sources, and create additional carbon sinks through forest cover expansion.
- International Solar Alliance (ISA): Launched in 2015 at the UN Climate Change Conference to promote solar energy adoption, led by India and France.
- Bharat Stage (BS) Emission Norms: Introduced to address vehicle emissions, with successive norms implemented since 2000, culminating in the leapfrog to BS-VI norms in 2016 to align with global best practices.
FAQs on Right Against Adverse Effects of Climate Change
- What did the Supreme Court rule?
The Supreme Court recognized the right against adverse effects of climate change as part of the fundamental rights to life (Article 21) and equality (Article 14) enshrined in the Indian Constitution.
- Why is this ruling significant?
This ruling strengthens the legal basis for taking action against climate change. It allows individuals and communities to hold the government accountable for protecting them from its harmful consequences.
- How does climate change affect the right to life and equality?
Climate change disrupts weather patterns, leading to extreme weather events, rising sea levels, and resource scarcity. These factors threaten access to clean water, food security, and basic necessities, impacting everyone’s right to life. Additionally, the effects of climate change are often felt more severely by marginalized communities, violating the principle of equality.
- What can be done based on this ruling?
Citizens can use this right to demand stronger environmental policies, hold polluters accountable, and seek compensation for damages caused by climate change. The government has a legal duty to implement measures that protect citizens from its adverse effects.
- Does this right exist outside of India?
Several countries have recognized the right to a healthy environment, which can encompass protection from climate change. However, the Indian Supreme Court’s ruling explicitly linking it to fundamental rights is a unique and progressive step.
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