Supreme Court recognizes the Right to be Free from the Adverse Effects of Climate Change as a Distinct Right

In a recent judgment MK Ranjitsinh & Ors. vs. Union of India & Ors., the Supreme Court (SC) of India held that people have a fundamental right to be free from the adverse effects of climate change. The bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra said that Article 14 and Article 21 of the Constitution of India are the important sources of this right. It said “This is perhaps because this right and the right to a clean environment are two sides of the same coin. As the havoc caused by climate change increases year by year, it becomes necessary to articulate this as a distinct right. It is recognized by Articles 14 and 21.” Article 14 states “Equality before the law” and Article 21 illustrates “Protection of life and personal liberty”. In this context, SC said, “The right to equality under Article 14 and the right to life under Article 21 must be appreciated in the context of the decisions of this Court, the actions and commitments of the state on the national and international level, and scientific consensus on climate change and its adverse effects. From these, it emerges that there is a right to be free from the adverse effects of climate change. It is important to note that while giving effect to this right, courts must be alive to other rights of affected communities such as the right against displacement and allied rights.” Furthermore, the SC observed that despite governmental policy and rules and regulations recognizing the adverse effects of climate change and seeking to combat it, no single or umbrella legislation in India relates to climate change and the attendant concerns. Concerning this, the bench said, “However, this does not mean that the people of India do not have a right against the adverse effects of climate change.” 

 The jurisdiction of the top court was invoked to protect the Great Indian Bustard (GIB) and the Lesser Florican, both of whom are on the verge of extinction. In 2018, the International Union for Conservation of Nature, or IUCN as it is popularly known, classified the GIB as a ‘critically endangered’ species. In the context of the dwindling population of GIBs and the existential threat looming over them, a Writ Petition was instituted to seek directions relating to the conservation of the species. During the proceedings, the SC bench also acknowledged various challenges faced by India in the process of achieving a healthy and sustainable environment. It said “Its national goals in this regard require a holistic understanding of sustainable development that balances immediate needs with long-term sustainability, ensuring that present actions do not compromise the well-being of future generations. It acknowledges that solutions to today's challenges must not only address pressing issues but also lay the groundwork for a resilient and equitable future.” The top Court also constituted a new expert committee to identify suitable options in the context of sustainable development in the matter of laying power lines in the future. The alternatives identified should balance the conservation and protection of the GIB with the arrangement of power lines in a manner that would facilitate the fulfillment of the international commitments made by India for developing renewable sources of energy. Overall, the constituted committee will help to balance the need for the preservation of the GIB which is non- negotiable, on one hand, with the need for sustainable development, especially in the context of meeting the international commitments of the country towards promoting renewable sources of energy, on the other hand. The composition of the expert committee is as follows:

• “Director, Wildlife Institute of India, Dehradun;
• Dr. Hari Shankar Singh, Member, National Board for Wildlife;
• Dr. Niranjan Kumar Vasu, Former Principal Chief Conservator of Forest;
• Mr. B Majumdar, former Chief Wildlife Warden and Principal Chief Conservator of Forest, Maharashtra;
• Dr. Devesh Gadhavi, Deputy Director, The Corbett Foundation.
• Shri Lalit Bohra, Joint Secretary (Green Energy Corridor), Ministry of New and Renewable Energy; and
• Joint Secretary, Ministry of Environment, Forests and Climate Change.”

The top court directed the expert committee to complete the task and submit a report by July 31, 2024. It further said, “We have reduced 18,000 sq km to 13,000 sq km and we have lifted the blanket prohibition of undergrounding of power lines. Now we leave it to the remit of the committee.” Lastly, the bench listed the matter for hearing in the second week of August 2024.