A Balancing Act: Climate Change, Renewable Energy, and the Great Indian Bustard

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.

• A just transition framework that ensures equitable climate action.
• The necessity of synchronizing biodiversity protection with climate mitigation efforts.
• The importance of adopting a multi-pronged approach to environmental conservation that accommodates both human and non-human interests.

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.

Relevancy for UPSC Aspirants

What is the Great Indian Bustard (GIB)?

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

• Article 48A:

The government should try to protect and make the environment better. This includes looking after forests and wildlife.

• Article 51A(g):

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.

• Article 21:

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.

Recent Updates on Great Indian Bustard Conservation

• Filing of Public Interest Litigation (PIL), 2019 in SC: In 2019, a PIL was filed in the Supreme Court seeking the conservation of the critically endangered Great Indian Bustard (GIB) in Rajasthan and Gujarat. Petitioners argued against further construction of solar and wind energy infrastructure due to the hazards posed by overhead power lines.
• Supreme Court’s Blanket Ban: The Supreme Court imposed a ban on laying overhead power lines in an area of 99,000 square kilometres, including key bustard conservation zones. It also ordered existing power lines to be placed underground.
• Indian Government’s Objection: The government objected to the ban, citing India’s climate commitments and the impracticality of undergrounding power lines. It also highlighted other threats to bustards like poaching and habitat loss.
• Recall of Order by SC: In March 2024, the Supreme Court modified its earlier order, recalling the blanket prohibition on transmission lines. It formed an expert committee to assess feasibility and conservation measures, with a report due in July 2024.

How the Supreme Court Ruling in M.K Ranjitsinh Versus Union of India Shapes Legal Precedent and Policy Landscape?

• Expanding Environmental Jurisprudence: The Supreme Court broadened environmental laws, covering climate justice and gender fairness, not just the usual polluter pay and precautionary principles.
• Securing Environmental Justice: Traditionally, environmental issues were seen as development versus environment. This judgment went beyond, addressing issues from both constitutional and international views.
• Climate Change and Human Rights: For the first time, the Court acknowledged a right against climate change impacts under Articles 14 and 21 of the Indian Constitution.
• Moving Away from Coal-Fired Plants: The Court stressed the need to switch to solar energy for India’s growing energy needs, considering the environmental and economic costs of relying on coal.
• Climate Legislation and Litigation: India lacks specific laws for climate change, but global cases, like Urgenda Foundation v. Netherlands, show the importance of national action.
• Concerns for Biodiversity in the Judgment: While promoting renewable energy, the judgment overlooks environmental and social issues like land acquisition and water use.
• Fragmented Approach to Renewable Energy: Renewable energy projects often avoid environmental assessments, leading to public opposition due to unregulated growth.
• Balancing Conservation and Development: The Court faced a dilemma between conserving biodiversity and promoting solar energy transmission, highlighting the need for a balanced approach.
• Devolving Powers to Expert Committee: An expert committee will decide on electric lines in priority areas, focusing on protecting biodiversity.
• Lack of Clarity on Rights: While the Court recognized the right, it didn’t elaborate, leaving room for further articulation, departing from its usual practice.

How to Foster Proactive and Inclusive Judgments: A Multifaceted Approach?

• Approaching Climate Action and Biodiversity Protection

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.

• Using a Fair Transition Framework

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.

• Making Climate Action Fair and Inclusive

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

• Considering Various Rights and Interests

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.

• Making Climate Rights More Thoughtful

India should help people understand climate rights better. We can use these rights in court to make sure everyone, including nature, is treated fairly.

• Including Nature’s Rights

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.

Strategies for Safeguarding the Great Indian Bustard: A Closer Look at Conservation Efforts?

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.

Conclusion

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.