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THE CONTEXT: The Supreme Court of India’s decision in the case of M.K. Ranjitsinh and Others vs. Union of India in April 2024 has sparked significant discourse regarding recognizing a human right against the adverse impacts of climate change. The decision is seen as a landmark for climate action, but it has also been critiqued for not adequately protecting endangered biodiversity, specifically the Great Indian Bustard.
THE KEYWORDS:
Just Transition: This concept refers to a framework to ensure that the shift towards a low-carbon economy is fair and inclusive. It seeks to address inequalities and vulnerabilities that arise from decarbonization efforts, ensuring that the benefits and burdens of climate action are distributed equitably. Originally a labor-oriented concept, it has broadened to include various dimensions of inequality, vulnerability, and opportunity and is recognized in international agreements like the Paris Agreement.
Decarbonization: This term refers to reducing carbon dioxide emissions from human activities, particularly burning fossil fuels. The goal of decarbonization is to mitigate climate change by transitioning to cleaner energy sources and improving energy efficiency.
THE ISSUES:
- Equitable and Inclusive Climate Action: Framing the case using the concept of just transition can facilitate equitable and inclusive climate action. This approach ensures that the burdens and benefits of decarbonization are distributed fairly, preventing the prioritization of decarbonization over biodiversity protection.
- Introduction of Non-Human Environment in Just Transition: Expanding the concept of transition to include the non-human environment as an affected entity. This would recognize the vulnerability of the natural environment to climate change and integrate its protection into climate action strategies.
- Bolstering Just Transition Litigation Research: By framing the case within the context of just transition, there is a potential to advance research and understanding of transition litigation in India. This could lead to a more comprehensive mapping of relevant cases and fill gaps in climate law scholarship.
- Balancing Decarbonization and Biodiversity Conservation: The Court’s previous framing of decarbonization and biodiversity protection as adversarial is criticized. It advocates for a holistic approach that treats the protection of the Great Indian Bustard as complementary to decarbonization efforts rather than in opposition.
- Feasibility of Underground Power Transmission Lines: The practical implications of the court’s decision, particularly regarding the feasibility of undergrounding power transmission lines to protect the Great Indian Bustard, is debatable. This technical aspect ensures that renewable energy projects do not harm biodiversity.
- Potential for Pro-Just Climate Action Litigation: It is assumed that adopting a just transition framework could position the case as part of a new category of climate litigation that is not an anti-energy transition but pro-just climate action. This approach could serve as a model for future cases globally.
THE WAY FORWARD:
- Integrate Just Transition Principles into National Policy: By embedding just transition principles into national climate policies, governments can ensure that climate action is equitable and inclusive. This can prevent the marginalization of vulnerable communities and ensure that the benefits of decarbonization are widely shared. The European Union’s “Platform on Coal Regions in Transition” provides technical and financial support to regions transitioning from coal, ensuring job creation and economic diversification. The International Labour Organization (ILO) emphasizes that just transition policies should create decent work opportunities and leave no one behind.
- Promote Nature-Based Solutions for Biodiversity and Climate Mitigation: Nature-based solutions (NbS) can simultaneously address climate change and biodiversity loss by leveraging ecosystems to sequester carbon and support biodiversity. Mangrove Restoration in Bangladesh is a coastal defense through mangrove restoration that has reduced flooding and supported biodiversity. The IUCN advocates for integrating climate and biodiversity policies, emphasizing the role of ecosystems in providing effective NbS for climate mitigation and adaptation.
- Enhance Participation and Support for Affected Communities: Ensuring the participation of affected workers and communities in climate action planning can lead to more equitable outcomes and prevent social dislocation. Canada’s Task Force on Just Transition Engages with workers and communities to develop transition plans for coal workers, ensuring their voices are heard. The World Resources Institute (WRI) identifies participation, anticipation, and support as key factors for successful just transitions.
- Develop Comprehensive Legal Frameworks for Climate and Biodiversity: A comprehensive legal framework incorporating just transition and biodiversity protection can provide a structured approach to addressing climate challenges. The Paris Agreement includes provisions for just transition, serving as a model for integrating social and environmental considerations into climate policy. New Zealand’s Zero Carbon Act establishes a legal framework for reducing emissions while considering social impacts, including just transition principles.
- Strengthen Research and Data Collection on Just Transition and Biodiversity: Enhanced research and data collection can inform policy decisions and identify best practices for integrating just transition and biodiversity conservation. The Sabin Center for Climate Change Law’s Global Climate Litigation Database provides valuable insights into climate litigation trends and outcomes.
- Foster International Cooperation and Knowledge Sharing: International collaboration can facilitate the sharing of best practices and support the implementation of integrated climate and biodiversity strategies. The IUCN encourages governments to reinforce synergies between international conventions and deploy NbS that benefit climate and biodiversity.
THE CONCLUSION:
By integrating just transition principles, India can lead in achieving equitable climate action that respects human and environmental needs. This approach addresses current challenges and sets a precedent for sustainable and inclusive future policies.
UPSC PAST YEAR QUESTIONS:
Q.1 Despite adverse environmental impact, coal mining is still inevitable for development.” Discuss. 2017
Q.2 Discuss the causes of the depletion of mangroves and explain their importance in maintaining coastal ecology. 2019
Q.3 How can the mountain ecosystem be restored from the negative impact of development initiatives and tourism? 2019
MAINS PRACTICE QUESTION:
Q.1 Discuss the concept of “just transition” in the context of climate change and biodiversity conservation. How can integrating just transition principles into national policies ensure equitable and inclusive climate action?
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