THE CONTEXT: The Supreme Court of India has recognized the right to be free from the adverse effects of climate change as a distinct fundamental right. This builds on the court’s previous recognition of the right to a clean environment as part of the right to life under Article 21 of the Constitution. The court has explained how climate change impacts various human rights, including the right to life, equality, and the rights of indigenous communities.
ISSUES:
- Recognition of Environmental Rights as Fundamental Rights: The Supreme Court of India’s recognition of the right to be free from the adverse effects of climate change as a distinct fundamental right underlines the evolving understanding of environmental rights. This legal advancement builds upon the Court’s earlier recognition of the right to live in a clean environment as part of the right to life under Article 21 of the Constitution. It signifies a judicial acknowledgment of the severe impacts of climate change on human rights and the necessity of treating environmental protection and climate change mitigation as inseparable from the right to life and equality.
- Impact of Climate Change on Vulnerable Communities: The Court’s reasoning highlights how climate change exacerbates inequalities, particularly affecting poorer and under-served communities. The adverse effects of climate change, such as food shortages, water scarcity, and the spread of diseases, disproportionately impact these communities, thereby violating their right to equality. This aspect underscores the need for climate action that is not only effective but also equitable, ensuring that the most vulnerable are protected.
- Conflict Between Environmental Conservation and Renewable Energy Development: The case illustrates a specific conflict between the goals of protecting biodiversity and promoting renewable energy sources. The need to protect the critically endangered Great Indian Bustard from collisions with power transmission lines for solar energy projects in Rajasthan and Gujarat presents a dilemma. This situation highlights the challenges in balancing the imperatives of reducing carbon emissions and preserving biodiversity, especially when renewable energy infrastructure poses risks to wildlife.
- Technical and Economic Challenges in Implementing Environmental Protections: The Union Ministries’ plea to modify the Court’s order due to the technical difficulties and high costs associated with converting overhead power lines to underground lines in certain areas points to the practical challenges in environmental conservation efforts. These challenges include the feasibility and economic implications of implementing measures that protect biodiversity while advancing renewable energy projects.
- Need for Expert Input and Sustainable Solutions: The Court’s decision to involve an expert committee to determine the extent of underground and overground power lines reflects the recognition that resolving such complex issues requires specialized knowledge and a balanced approach. It underscores the importance of seeking sustainable solutions that harmonize environmental conservation with the development of renewable energy, ensuring that efforts to combat climate change do not come at the expense of biodiversity.
THE WAY FORWARD:
- Protecting and Restoring High-Carbon Ecosystems: Conservation International’s focus on avoiding emissions by conserving high-carbon ecosystems like peatlands, mangroves, and old-growth forests is a critical strategy. This approach should be scaled globally, with countries incorporating the protection of these ecosystems into their national climate action commitments. Secure international funding and technical support for countries to map and protect their high-carbon ecosystems. Develop and enforce legal frameworks that prevent deforestation and degradation of these areas.
- Enhancing Carbon Sinks through Reforestation and Agroforestry: The World Resources Institute highlights sustainable agroforestry as a method that integrates trees with crops and livestock, sequestering carbon while improving biodiversity and agricultural productivity. Through incentives, encourage farmers’ and landowners’ adoption of agroforestry practices. Support research and development in agroforestry techniques suited to different ecological zones and socio-economic contexts.
- Equitable Emission Reductions and Support for Developing Countries: The Stern Review’s emphasis on the cost-effectiveness of mitigating climate change compared to the costs of inaction underscores the importance of equitable emission reduction efforts. The Clean Development Mechanism (CDM) under the Kyoto Protocol provides a model for supporting emission reductions in developing countries. Strengthen international mechanisms like the CDM to provide financial and technical support to developing countries. Adopt fair emission allocation principles, such as “equal per capita entitlements,” to ensure equitable contributions to global mitigation efforts.
- Investing in Natural Climate Solutions and Ecosystem Restoration: Conservation International’s initiative to remove over one gigaton of CO2 through restoration and sustainable management of natural ecosystems by 2025 demonstrates the potential of natural climate solutions. Increase global investment in natural climate solutions, leveraging public-private partnerships. Develop international guidelines and standards for ecosystem restoration projects to ensure their effectiveness and sustainability.
- Promoting Integrated Climate Mitigation and Adaptation Strategies: The World Resources Institute’s identification of strategies that achieve climate mitigation and adaptation simultaneously, such as protecting coastal wetlands and expanding sustainable urban public transportation, offers a holistic approach to climate action. Encourage the integration of mitigation and adaptation in national and local climate policies. Support cross-sectoral planning and investment in projects that reduce emissions and improve resilience to climate impacts.
- Fostering Global Cooperation and Knowledge Sharing: Strengthen international climate agreements and forums for sharing best practices and innovations in climate action. Facilitate technology transfer and capacity building among countries to enable the adoption of effective mitigation and adaptation strategies.
THE CONCLUSION:
The court’s emphasis on climate change came in a case that pitted the concern over the deaths of the Great Indian Bustard due to solar power transmission lines against India’s international obligation to meet its emission reduction and increase its energy capacity through non-fossil fuel sources. The court has now asked an expert committee to decide on the extent of underground and overground lines, as the goal of reducing the country’s carbon footprint and the need to protect a critically endangered species are at odds with each other. The sooner a solution is found, the better.
UPSC PAST YEAR QUESTIONS:
Q.1 Do you think India will meet 50 percent of its energy needs from renewable energy by 2030? Justify your answer. How will shifting subsidies from fossil fuels to renewables help achieve the above objective? Explain 2022
Q.2 Vulnerability is an essential element for defining disaster impacts and its threat to people. How and in what ways can vulnerability to disasters be characterized? Discuss different types of vulnerability in catastrophes. 2019
MAINS PRACTICE QUESTION:
Q.1 The Supreme Court of India has advanced the case for a healthy environment and sustainable development by recognizing the right to be free of the adverse effects of climate change as a distinct fundamental right. Discuss the critical aspects of the Supreme Court’s ruling and its implications for India’s climate change policies and commitments.
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