SC Judgment: Right Against Climate Change Recognized as a Distinct Fundamental and Human Right

Right Against Climate Change Recognized as a Distinct Fundamental and Human Right: India must prioritize clean energy initiatives such as solar power as climate change impacts the constitutional guarantee of right to life, the Supreme Court ruled in a recent judgment. Citizens have a right to be free of climate change's adverse effects.

The right to protection from climate change adverse effects has not been articulated yet. The reason for this is that this right and the right to a clean environment are two sides of the same coin. As climate change continues to cause havoc, it is becoming increasingly important to articulate this as a distinct right.

In a judgment released on April 6, the Supreme Court noted that Articles 14 (equality) and 21 (life) recognize this right.

GIB, a critically endangered bird found only in Rajasthan and Gujarat, was the subject of a petition filed by wildlife activist MK Ranjitsinh and others.

A judgment was handed down in a case concerning the survival of the endangered Great Indian Bustard.

An earlier order of April 2021 requiring undergrounding of overhead transmission lines across an area of over 80,000 square kilometers in both states was recalled by the court after the Union government expressed concerns about its implementation.

Moreover, since the country's largest solar and wind installations are located in the same area, the Centre argued that the court's directions will harm India's global commitment to reduce its carbon footprint by increasing reliance on renewable energy.

Earlier this month, an open court order was pronounced establishing a bird expert committee to examine the problem faced by birds whose flight routes and natural habitats collide with power transmission lines.

A judgment was unannouncedly uploaded to the court's website over the weekend that focused mainly on climate change and its repercussions. The case had been scheduled for further hearing in August 2024.

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By July 31, the committee should have its first report.

According to the bench headed by chief justice Dhananjaya Y Chandrachud, "The right to life cannot be fully realized without a clean environment that is stable and not impacted by climate change.". The right to health (which is a part of the right to life under Article 21) is impacted due to factors such as air pollution, shifts in vector-borne diseases, rising temperatures, droughts, shortages in food supplies due to crop failure, storms, and flooding... From these, it emerges that there is a right to be free from the adverse effects of climate change.”

Chief Justice Chandrachud said a clean and stable environment is essential to ensuring the rights to life and equality.

“The right to health (which is a part of the right to life under Article 21) is impacted due to factors such as air pollution, shifts in vector-borne diseases, rising temperatures, droughts, shortages in food supplies due to crop failure, storms, and flooding. The inability of underserved communities to adapt to climate change or cope with its effects violates the right to life as well as the right to equality… If climate change and environmental degradation lead to acute food and water shortages in a particular area, poorer communities will suffer more than richer ones,” the judgment said.

Additionally, the court emphasized the interconnection between climate change and various human rights, including indigenous rights, gender equality, and the right to development.

"Fundamental human rights" include the right to a healthy environment free from the effects of climate change.

According to the Center, India's goal to reach 500 gigawatts of non-fossil-based electricity generation capacity by 2030 aligns with its goal of reaching net zero by 2070. Among the 9,943 MW of new generation capacity added in 2023-24, 8,269 came from non-fossil fuel sources.

India has the 4th largest installed renewable energy capacity, according to the International Renewable Energy Agency's Renewable Energy Statistics 2023.

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Rather than simply adhering to international agreements, India's pursuit of sustainable development reflects the interplay between environmental conservation, social equity, economic prosperity and climate change.

“Clean energy aligns with the human right to a healthy environment,” the judgment emphasized, citing the concern over “unequal energy access” for developing countries like India, where women spend an average of 1.4 hours collecting firewood and four hours cooking.

Due to their gender roles and responsibilities, women and girls are disproportionately affected by unequal energy access, such as spending time doing domestic chores and unpaid care... In order to ensure environmental sustainability and uphold human rights obligations, clean energy initiatives must be prioritized, according to the court.

“Violations of the right to a healthy environment can reverberate across numerous rights domains, including the right to life, personal integrity, health, water, and housing, as well as procedural rights such as information, expression, association, and participation…"

"Unequal energy access disproportionately affects women and girls due to their gender roles and responsibilities such as through time spent on domestic chores and unpaid care work,” the court noted.

A statement in the judgment stated that solar energy stands out as a “pivotal solution” in the global transition towards cleaner energy sources: “It is imperative for states, including India, to uphold their obligations under international law, including the obligation to reduce greenhouse gas emissions, adapt to climate impacts, and protect the fundamental rights of all individuals to live in a healthy and sustainable environment.”

According to the court, converting to renewable energy isn't only an environmental imperative, but also a strategic investment for India's prosperity, resilience, and sustainability.

To promote social equity, renewable energy sources play a crucial role in ensuring that all segments of society have access to clean, affordable energy, especially rural and underserved areas. As a result, poverty is alleviated, quality of life is enhanced, and inclusive growth and development is fostered throughout the nation.

Besides finding alternatives to coal-based fuels, India should also secure its energy needs in a sustainable way, as the court noted that India has pressing reasons to shift to solar power immediately.

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“India is likely to account for 25% of global energy demand growth over the next two decades; rampant air pollution emphasizes the need for cleaner energy sources; and declining groundwater levels and decreasing annual rainfall underscore the importance of diversifying energy sources,” it said.

It is possible to generate solar power in Gujarat and Rajasthan because of their vast expanses of arid deserts and abundant sunlight. “India can significantly reduce its dependence on fossil fuels and transition to cleaner energy sources by harnessing this natural advantage.”

During the hearing, the court noted the dilemma of protecting against climate change and preserving the critically endangered bird, and asked the committee to determine the scope, feasibility, and extent of overhead and underground electric lines in priority GIB areas as well as propose strategies for long-term conservation and protection of the GIB.

“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..."

"If this Court were to direct that the power transmission lines be undergrounded in the entire area delineated above, many other parts of the environment would be adversely impacted,” it said.

Moreover, the Court ordered in April 2021 that bird diverters be installed along power lines in order to ensure the bird's long-term survival. Besides identifying and adding suitable areas for protecting endangered birds, the committee was asked to assess the efficacy of bird diverters and lay down specifications.

For the GIB, a Wildlife Institute of India report identified 13,663 sq km as "priority areas", 80,680 sq km as "potential areas", and 6,654 sq km as "additional important areas".

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