The recent Supreme Court judgment in India acknowledged a fundamental right to be free from the adverse impacts of climate change, sparking attention from environmentalists. While much focus has been on its implications for protecting the Great Indian Bustard, it’s crucial to view the judgment through the lens of inclusive climate action.
Firstly, the Court’s decision to only recognize the right allows room for future discussions on its specifics, potentially leading to a more thorough understanding of the right in the future.
Secondly, the use of the just transition framework in addressing the core issue of the case is seen as a positive step. This framework promotes fair climate action, ensuring that the transition to a more sustainable future is equitable for all. It also encourages a more reflective and inclusive approach to defining and implementing this fundamental right.
The Great Indian Bustard (GIB) is a critically endangered bird found mainly in Rajasthan and Gujarat, with smaller populations in Maharashtra, Karnataka, and Andhra Pradesh. It’s the state bird of Rajasthan and a symbol of grassland health.
Protection Status
The GIB is critically endangered according to the International Union for Conservation of Nature (IUCN). It’s listed in Appendix I of CITES and CMS and is protected under India’s Wildlife (Protection) Act, 1972.
Vulnerability
GIBs face threats like power line collisions, hunting (especially in Pakistan), and habitat loss due to agriculture. They reproduce slowly and require extensive parental care.
India’s Concerns
The Cholistan desert in Pakistan, similar to Rajasthan’s Desert National Park (DNP), poses a threat as it shares borders with India. Poachers from Pakistan could target GIBs, impacting their already dwindling population and the desert ecosystem.
NOTES:
Constitutional Provisions for Wildlife Conservation
The government should try to protect and make the environment better. This includes looking after forests and wildlife.
Every citizen of India must take care of the natural environment. This includes forests, lakes, rivers, and wildlife. We should also show kindness to all living creatures.
This article protects human rights. But it also protects life in a broader sense. Life includes all living things, like animals. So, any harm to the environment that affects life is covered by Article 21.
The main issue is about balancing renewable energy projects with protecting the bustard bird. Some see it as a choice between saving biodiversity or taking climate action. But we can find a way to do both.
We can use a method called the ‘just transition framework.’ This helps make the shift to clean energy fairer for everyone. It looks out for workers, vulnerable groups, and small businesses. This framework can help protect interests like the bustard bird in cases like this.
The court hasn’t made a final decision yet. This is a chance for them to use the fair transition framework and make climate action fair and inclusive. People need to talk about what this right against climate change really means. It’s not just up to the government but also activists and experts.
Taking Different Approaches
We shouldn’t think of climate action and biodiversity separately. We can find a way for climate action to respect everyone’s rights and interests.
India should help people understand climate rights better. We can use these rights in court to make sure everyone, including nature, is treated fairly.
If the court uses the fair transition framework, it would be a big step. This case would be one of the first to think about nature’s rights. This could change how we see fair transitions.
Species Recovery Programme: The GIB is part of a species recovery program led by the Ministry of Environment, Forests, and Climate Change. This program includes breeding centers established by the Wildlife Institute of India and Rajasthan Forest Department.
Firefly Bird Diverters: To prevent collisions with power lines, reflective bird diverters called fireflies are installed. The Supreme Court has mandated their installation in priority areas in Rajasthan and Gujarat.
Artificial Hatching: Since 2019, eggs collected from the wild are artificially hatched to increase GIB numbers. The first chick, named ‘Uno’, hatched in June 2019, and a total of 29 GIBs have been raised in Rajasthan’s breeding centers.
National Bustard Recovery Plans: A comprehensive Conservation Plan for Great Indian Bustards has been developed by the Government of India to guide conservation efforts across states.
Conservation Breeding Facility: A breeding facility has been established in the Desert National Park at Jaisalmer by MoEF&CC, the Rajasthan government, and the Wildlife Institute of India.
Project Great Indian Bustard: The Rajasthan government has launched Project Great Indian Bustard to build breeding enclosures and develop infrastructure to reduce human pressure on GIB habitats.
Amartya Sen, in “The Idea of Justice” (2009), stresses that a theory of justice must address both reducing injustice and promoting justice. The Chief Justice asserts that citizens can’t be truly free unless they’re protected from the effects of climate change. This means laws and actions focused on climate change are crucial not only for the environment but also for human rights and reducing inequality. The hope is that this judgment will influence laws and policies to ensure citizens are protected from climate change and even the last remaining Great Indian Bustard can fly without risk of harm from power lines.
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