Verdict

In the Supreme Court of India Original Civil Jurisdiction
Writ Petition (Civil) No. 838 of 2019

M K RANJITSINH & Ors. … Petitioners
Vs
UNION OF INDIA & Ors. … Respondents

In March 2024, the Supreme Court of India passed a landmark judgment stating that the right to be free from adverse effects of climate change is within the ambit of the fundamental rights guaranteed by the Indian Constitution. A look at the summary of this important judgement.

Facts

1. The Great Indian Bustard (‘GIB’) and the Lesser Florican are two bird species found in Western and Southern India, predominantly in the States of Rajasthan and Gujarat. These species are endangered and face risk of extinction. Statistics in 2018 indicate that the GIBs are less than 150 in number and classified as ‘critically endangered’ list. They figure in the Schedule I of the Wildlife Protection Act 1972.
2. In the light of their rapid extinction, the petitioner M K Ranjitsinh filed a writ petition in 2019 under Article 32 of the Constitution (right to Constitutional remedies for enforcement of fundamental rights of citizens). The writ petition sought the framing of directions and policies in protection of the endangered species and remedial measures to be taken by government.

Contentions

1. Several bird species are facing existential crisis due to rapid deforestation, commercialization of natural habitat, pollution, and climate change.
2. The GIBs and Lesser Floricans in particular, are found in states of Rajasthan and Gujarat where there are maximum solar and wind energy projects respectively. Consequently, these bird species are facing extinction due to the collision and electrocution with heavy overhead power transmission lines. The GIBs have limited vision and hence unable to view the power lines resulting in collision and electrocution.
3. In April 2021, the Apex Court passed an order issuing the following directions:
   (i) Placing an injunction on installation of overhead power transmission lines in approximately 99,000 square kilometres identified as ‘priority’ and ‘potential’ areas for birds to co-exist and breed.
   (ii) Setting up a committee to evaluate and submit a report on the feasibility of laying high voltage underground power lines and granting permission on a case-to-case basis in case laying underground lines was not possible,
   (iii) Authorizing the installation of bird diverters for already existing overhead power transmission lines.
4. In November 2021, the Ministries of Power, Environment and Renewable energy filed petitions to modify the SC directions passed in April 2021 on the grounds that:
   (i) India is committed to the UN Climate change pact signed for transitioning to non-fossil fuel energy production and usage;
   (ii) Given the different topography, climatic and soil conditions, it is technically not possible to lay underground power lines at all places where non fossil fuel energy can be tapped.
   (iii) The coal fired power which must be used lay underground power will cause pollution.

Observation & Judgment

In March 2024, the Hon’ble Chief Justice of India (‘CJI’) directed the modification of the April 2021 judgment by revisiting the injunction imposed on 99,000 square kilometres. He further directed the establishment of a committee of experts to interact with various stakeholders and undertake fresh feasibility study. The committee must submit its report by 31st July 2024. 

While arriving at this judgment, the CJI made key observations –

 – it is not a binary choice between conservation and development but rather a dynamic interplay between protecting a critically endangered species and addressing the pressing global challenge of climate change.

 – As a signatory to various international conventions and agreements, including the UNFCCC, Paris Convention and other treaties, India is committed to developing renewable sources of energy such as solar and wind energy. This would not only reduce carbon emissions but also increase economic growth and employment opportunities. Though India’s international obligations and commitments have not been enacted in domestic law, the Court must be aware and factor in these obligations while adjudicating writ petitions which seek reliefs that may hinder these obligations from being fulfilled or otherwise interfere with India’s international commitments as well as the right to be free from the adverse effects of climate change.

 – Without a clean environment (which is unaffected by climate change), the right to life is not fully realized. The right to health which is also part of right to life under Article 21 is impacted by factors such as pollution, rising temperatures, diseases etc. growing changes in climate adversely impacts the right to quality of life which is part of the fundamental rights under the Constitution.

 – The right to equality under Article 14 and the right to life under Article 21 must be appreciated in the context of the actions / commitments of the state on the national and international level, and scientific consensus on climate change and its adverse effects. There is a right to be free from the adverse effects of climate change. That will come under the ambit of fundamental rights under the Constitution of India.

 – National, international treaties and pacts on climate change have cast obligation on governments to align sustainability and climate change concerns with protection of human rights. There is a need to recognize right to healthy environment as a fundamental right under the Constitution of India.

This judgment is truly a landmark one as it will have a positive impact on the governments, their policies and the environment alike. 

For full text of the Judgment

https://main.sci.gov.in/supremecourt/2019/20754/20754_2019_1_25_51677_Judgement_21-Mar-2024.pdf