Decoding Climate Change Jurisprudence: What You Need to Know
In a recent landmark judgment, the Supreme Court of India asserted citizens' "right against the adverse effects of climate change." This verdict stemmed from a case concerning the alarming deaths of the endangered Great Indian Bustard due to collisions with solar power transmission lines, highlighting India's dual challenge of emission reduction and energy capacity enhancement through non-fossil fuel sources.
Understanding the Context
The declining population of the Great Indian Bustard, an endangered species, has been linked to power lines in Rajasthan and Gujarat, where large solar parks are located. Environmentalists petitioned the Supreme Court in 2019, advocating for the shifting of all overhead transmission lines underground to prevent bird collisions. However, power companies argued that such a move would be costly and impractical, jeopardizing India's green growth goals. The Court constituted an expert committee in April 2021 to assess the feasibility of underground electrification.
Implications for Human Rights and Climate Change
The Court's judgment emphasizes India's legislative efforts and mission-driven programs to combat climate change. Despite the absence of comprehensive climate legislation, the Court affirmed citizens' right against the adverse effects of climate change under Articles 14 and 21 of the Constitution. It explicitly links climate change impacts with fundamental rights, recognizing the interconnectedness of environmental degradation and human rights violations.
International Precedents and Global Trends
The link between climate change and human rights has gained traction since the Paris Agreement of 2015, with growing convergence between international human rights law and climate change discourse. Notable instances include Sheila Watt-Cloutier's petition to the Inter-American Commission on Human Rights and the activism of figures like Greta Thunberg, which underscore the urgency of addressing climate change as a human rights issue.
Implications and Future Directions
Supreme Court rulings on environmental issues often catalyze public discourse and government action. While the judgment emphasizes the expansion of solar energy production, India maintains its reliance on coal and fossil fuels at international forums. The extent to which this aligns with citizens' expectations regarding climate protection remains to be seen.
Frequently Asked Questions (FAQs)
What prompted the Supreme Court's recent judgment on climate change? The judgment was issued in response to concerns over the adverse effects of climate change, particularly the impact on endangered species like the Great Indian Bustard due to collisions with solar power transmission lines.
How does the judgment address human rights in the context of climate change? The Court explicitly links climate change impacts with fundamental rights guaranteed under the Indian Constitution, recognizing the right of citizens to a clean environment and protection against the adverse effects of climate change.
What are some international precedents for linking climate change and human rights? International efforts, such as the Paris Agreement, and petitions to human rights bodies like the Inter-American Commission on Human Rights, highlight the growing recognition of climate change as a human rights issue on the global stage.
What are the implications of the judgment for India's energy transition? While the judgment underscores the importance of expanding solar energy production, India's continued reliance on coal and fossil fuels raises questions about its commitment to mitigating climate change and protecting citizens' rights.
How might the judgment influence future environmental policies and activism in India? Supreme Court rulings on environmental matters often shape public discourse and government action, potentially spurring further efforts to address climate change and promote sustainable development in the country.
