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People have fundamental right to be free from impact of climate change: Supreme Court
Debayan Roy
Published:9th Apr, 2024 at 11:50 AM
The Supreme Court recently held that people have a fundamental right to be free from the adverse effects of climate change, while emphasising that countries like India must uphold their international obligations for healthy and sustainable development [M K
Ranjitsinh & Ors. vs Union of India].

A bench of Chief Justice of India (CJI) DY Chandrachud with Justices JB Pardiwala and Manoj Misra said though the government policy as well as rules and regulations recognise the adverse effects of climate change, there was no single or umbrella legislation which relates to climate change and the attendant concerns.

"However, this does not mean that the people of India do not have a right against the adverse effects of climate change," the top court said.

Pertinently, the Court also acknowledged that India’s efforts to combat climate change are manifold as many laws have been enacted and a host of projects are being implemented for protection of environment.

The Court stressed that the Constitution recognises the importance of the natural world.

In this backdrop, the Court analysed the position with regard to the right to a clean environment and the right against the adverse effects of climate change.

It remarked that despite their being a plethora of decisions of the Supreme Court on the right to a clean environment, it was yet to be articulated that the people have a right against the adverse effects of climate change.

"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 recognised by Articles 14 and 21," the top court said.

CJI DY Chandrachud, Justice JB Pardiwala, Justice Manoj Misra
Emphasising that 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 the top court, the actions and commitments of the state on the national and international level and the scientific consensus on climate change and its adverse effects, the bench said,

"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. Different constitutional rights must be carefully considered before a decision is reached in a particular case."

The Court also stressed that it was imperative for states like India to uphold their obligations under international law, including their responsibilities to mitigate greenhouse gas emissions and protect the fundamental rights to live in a healthy and sustainable environment.

However, it also acknowledged the challenges being faced by India in the process.

Beyond mere adherence to international agreements, India’s pursuit of sustainable development reflects the complex interplay between environmental conservation, social equity, economic prosperity and climate change, 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," said the top court.

It made these remarks while lifting the blanket ban it had put on the laying of over-the-ground power lines in areas frequented by the Great Indian Bustard (GIB).

The bird was classified as ‘critically endangered’ species in 2018 by the International Union for Conservation of Nature or IUCN.

In April 2021, the top court had directed the formation of a committee to assess the feasibility of laying down underground power lines to help save the Great Indian Bustard from extinction.

For all future installation of transmission lines, a study was to be conducted on the feasibility of laying underground lines, the April 2021 order had stated.

Further, that order had also directed all low-voltage power lines to be laid in habitats of the Great Indian Bustard shall be laid underground in the future.

However, the Union of India moved the Court stating that such a blanket direction was not feasible to be implemented.

It was also submitted that comprehensive steps were being taken for the conservation and protection of the GIB.

Considering the same, the Court decided to modify the earlier judgment.

"It has emerged in the course of the hearing that there is no basis to impose a general prohibition in regard to the installation of transmission lines for the distribution of solar power in an area about 99,000 square kilometres. There are several reasons due to which it is not feasible to convert all transmission lines into underground power transmission lines," the bench said.

It also noted that there were certain risks involved with underground power transmission cables and that transmission loss in such cables is higher by about five times.

"Underground cables may give rise to environmental issues for many vulnerable species. They may also result in forest fires or other fires."

Thus, the bench said that the blanket direction for underground high voltage and low voltage power lines of the nature that was directed by the Court earlier would need recalibration.

"This task is best left to domain experts instead of an a priori adjudication by the Court. Experts can assess the feasibility of undergrounding power lines in specific areas, considering factors such as terrain, population density, and infrastructure requirements," it ordered.

It stressed that a delicate balance between conserving the GIB and conserving the environment must be maintained as one cannot be foregone at the cost of another.

"If this Court were to direct that the power transmission lines be undergrounded in the entire area …, many other parts of the environment would be adversely impacted. Other endangered species may suffer due to the emission of harmful gases from fossil fuels. Rising temperatures and the attendant evils of climate change may not be halted in a timely fashion, leading to disastrous consequences for humankind and civilisation as a whole. The existential threat may not be averted," the judgment said.

Accordingly, the top court formed a new expert to committee to frame modalities with regard to preserving the bird.

The expert committee will comprise,

  • Director of the Wildlife Institute of India, Dehradun

  • Dr Hari Shankar Singh, Member, National Board for Wildlife;

  • Dr Niranjan Vasu, Former Principal Chief Conservator of Forest

  • B Majumdar, Former Chief Wildlife Warden and Principal Chief Conservator of Forest, Maharashtra

  • Dr Devesh Ghadvi, Deputy Director, The Corbett Foundation

  • Lalit Bohra, Joint Secretary (Green Energy Corridor), Ministry of New and Renewable Energy, and

  • the Joint Secretary, of the Ministry of Climate Change

In addition, Ashok Kumar Rajpur, Member Power Systems, Central Electricity Authority, and PC Garg, Chief Operating Officer, Central Transmission Utility of India Ltd would be two special invitees.

The top court explained that the committee’s remit would be to identify the areas to lay the power lines in the 13,000 sq km area, as well as the need for adopting conservation and protection measures for the bird and other fauna.

It also has to help mark priority areas for the long-term survival of the species and identify future areas to lay power lines, for which it can issue directions across regions.

"The committee is to complete the task and submit a report to this court by July 31,2024. The committee shall not be trammelled by any (earlier) directions … 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," the Court ruled.

[Read Judgment]

M K Ranjitsinh & Ors. vs Union of India.pdf
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