The Hindu Editorial Analysis - 10th April 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

A Distinct Right

Why in News?

Recently, the Supreme Court of India made a significant declaration affirming that individuals possess the right to be shielded from the negative impacts of climate change, as outlined in Articles 14 and 21 of the Indian Constitution.

Supreme Court Judgment on Protection of Endangered Bird Species

• The Supreme Court recently issued a ruling in a case involving M K Ranjitsinh & Ors versus Union of India & Ors. The focus was on safeguarding two critically endangered bird species: the great Indian bustard (GIB) and the lesser florican. Both these birds are categorized as scheduled species and are noted on the IUCN Red List.
• These species hold significant importance as they are listed under Part III of Schedule I of the Wild Life (Protection) Act, 1972. This legal classification underscores the critical need for their conservation and protection.

Background & Evolution of the Judgment:

• Petition: The recent judgment emerged from a longstanding plea by wildlife advocate MK Ranjitsinh and allies to safeguard the Great Indian Bustard (GIB).
• Earlier Judgment: Back in April 2021, the Court imposed constraints on the construction of aboveground transmission lines.
  • Formation of Expert Committee: A specialized committee was established to assess the installation of subterranean high-voltage cables on a case-by-case basis.
  • Concerning Powerlines: Emphasis was placed on burying all low-voltage power lines in the "priority" and "potential" habitats of GIB in forthcoming projects. Additionally, for existing power lines, bird diverters were mandated to be set up, pending the conversion of overhead power lines to underground ones.
• Formation of Expert Committee: A committee was convened to scrutinize the laying of underground high-voltage lines on a case-specific evaluation.
• Regarding Powerlines: Instructions were given to install all low-voltage power lines underground within the "priority" and "potential" GIB habitats in future endeavors. Furthermore, for existing power lines, bird diverters were to be installed to facilitate the transition from overhead to underground power lines.
• Installation of Bird Diverters
  • Existing power lines required bird diverters to be installed before converting overhead lines to underground.
• Union Government's Stance
  • The Union Government expressed concerns that following the court's directives might impact India's global commitments to reduce carbon emissions through renewable energy sources.
• Supreme Court's Decision
  • The Supreme Court reversed a previous order that mandated the undergrounding of transmission lines spanning over 80,000 sq. km. in Rajasthan and Gujarat.
• Recent Court Ruling and Expert Committee Formation
  • In April 2024, the Supreme Court referred to reports from the Wildlife Institute of India, designating specific areas crucial for the Great Indian Bustard (GIB).
  • An expert committee was established to address the dual objectives of GIB conservation and India's sustainable development targets.
  • The committee, featuring diverse experts, aims to submit its initial recommendations by July 31.

Implications of the Judgment for Environmental Jurisprudence:

• Strengthening Environmental & Climate Justice:
  • The court's decision emphasizes the importance of enhancing environmental and climate justice by showcasing the various impacts of climate change on different communities.
  • For instance, it sheds light on how vulnerable populations are disproportionately affected by environmental challenges.
• Expansion of Article 14 & Article 21:
  • The Supreme Court has broadened the scope of Article 14 and Article 21 to encompass the right to a clean environment.
  • This not only aims to reduce environmental pollution but also takes a proactive stance on addressing environmental and climate justice concerns, in alignment with our international obligations.
• Establishment of Legal Precedent:
  • Legal experts anticipate that this ruling will establish a significant legal precedent.
  • It is expected to impact public discussions on environmental issues and could potentially shape future governmental policies.

Need for Right to be Free from the Adverse Effects of Climate Change:

• Climate Change Impact: Climate change poses significant risks to ecosystems and human societies alike. For instance, the rising global temperatures lead to more frequent and severe natural disasters such as hurricanes, droughts, and floods.
• Environmental Justice: Ensuring the right to be free from the adverse effects of climate change is crucial for promoting environmental justice. Vulnerable communities often bear the brunt of environmental degradation and climate-related disasters.
• Equitable Access to Resources: Recognizing this right is essential for ensuring equitable access to resources such as clean air, water, and food. Everyone deserves to live in a healthy environment regardless of their socio-economic status.
• Policy Implications: Upholding the right to be free from the adverse effects of climate change requires robust policy measures at the local, national, and global levels. Governments must prioritize sustainable development and climate resilience in their decision-making processes.
• Rising Vulnerabilities:
  • Evidence suggests that Indians are increasingly vulnerable to climate change impacts.
  • Floods are occurring more frequently and with greater intensity.
  • Shifts in rainfall patterns are being observed.
  • Heatwaves are posing significant health risks.
  • Various studies, including reports from the IPCC, indicate that the escalating global warming will endanger a growing number of Indians in the future.
• Severe Impact on Communities & Culture:
  • Indigenous groups like the tribes in the Andaman and Nicobar Islands rely heavily on nature for their sustenance.
  • The bond between these communities and nature is often intertwined with their cultural and religious practices.
  • The destruction of their lands and forests or their forced displacement could lead to a permanent loss of their distinct cultural identity.
  • These changes might also affect the constitutional right to equality (Article 14).
• Risk of Deepening Inequality:
  • Underprivileged communities are at a higher risk of suffering from food and water shortages due to climate change and environmental degradation.
  • The inability of these marginalized groups to adapt or cope with climate change violates both the right to life (Article 21) and the right to equality (Article 14).
• No Priority:
  • Environmental issues such as receding glaciers, landslides, rising sea levels, air pollution, and deforestation are often overlooked by the political leadership, especially during election periods.
  • Concerns about ecology are predominantly confined to academic circles, civil society organizations, and activists.
• Lack of Executive Action:
  • Governments have not consistently heeded Supreme Court rulings that emphasize the connection between ecology and human dignity.
  • Instances like the persistent air pollution in Delhi highlight the disparity between legal directives and practical policies.
• A Question & Threat to Development:
  • Typically, environmental issues like air and water quality only garner attention once they reach crisis levels.
  • However, if this pattern persists, the issue of climate change could exacerbate significantly, raising concerns about the country's development strategies, which have not always been attuned to ecological considerations.
• Lack of Legal Framework:
  • India currently lacks a comprehensive climate change law within its legal framework.
  • While India has regulations and policies to address climate change effects, there is no single legislation specifically dedicated to climate change and its associated challenges.
  • Nevertheless, the absence of such a law does not imply that Indians lack a right to protection against the adverse impacts of climate change.

Measures Taken to Protect Human Rights Against Climate Change:

• Implementation of the National Action Plan on Climate Change (NAPCC): This plan encompasses various missions aimed at both mitigating and adapting to climate change challenges.
• Focus on Renewable Energy Initiatives: Notably, initiatives like the National Solar Mission and the promotion of clean energy sources are pivotal.
• Commitments Under International Agreements: India, under the UNFCCC and the Paris Agreement, pledges to expand non-fossil-based power capacity.
• Sustainable Agriculture Practices: Strategies are in place to bolster resilience against the impacts of climate change.
• Afforestation & Restoration Programs: Implementation of these programs is crucial in combating deforestation and bolstering carbon sequestration efforts.

Measures Taken on an International Scale:

• United Nations Declaration: In 2022, the United Nations officially recognized access to a clean, healthy environment as a universal human right.
• Climate Finance Frameworks: Initiatives like the Green Climate Fund assist developing nations in their climate change adaptation and mitigation endeavors.
• Climate-resilient Infrastructures: Building resilience against extreme weather events and rising sea levels is a priority.
• Support for Capacity-building Initiatives: Efforts are underway to empower vulnerable communities in adapting to climate change impacts.

Recommendations by the United Nations Environment Program:

• International Cooperation: Emphasizing the vital connection between climate change and human rights within the framework of the Paris Agreement.
• Ensuring Comprehensive Climate Fund Safeguards: It is essential that climate funds fully consider human rights implications.
• Increased Financial Assistance to Developing Nations: Providing enhanced financial support to developing countries in their climate change efforts.
• Incorporating Human Rights Norms into Legal Frameworks: Domestic laws, including those related to climate change, should integrate human rights principles.
• Adopting a Collaborative Approach: Local governments should work with private entities to reduce greenhouse gas emissions, aligning with the UN Guiding Principles on Business and Human Rights.
• On National Level:
  • Implementation of the National Action Plan on Climate Change (NAPCC): This plan comprises several missions aimed at addressing climate change through mitigation and adaptation strategies.
  • Focus on Renewable Energy Initiatives: Notably, initiatives like the National Solar Mission are prioritized, alongside the promotion of clean energy sources to reduce dependency on fossil fuels.
  • Commitment to Non-Fossil-Based Power Capacity: In line with international agreements such as the UNFCCC and the Paris Agreement, India has pledged to increase its capacity for non-fossil-based power.
  • Sustainable Agriculture Practices: Emphasizing practices that help agriculture withstand the impacts of climate change, ensuring food security and sustainability.
  • Afforestation & Restoration Programs: These programs aim to combat deforestation, restore degraded lands, and enhance carbon sequestration to mitigate climate change effects.
• On International Level:
  • United Nations Declaration: In 2022, the United Nations recognized access to a clean and healthy environment as a universal human right, emphasizing the importance of environmental protection.
  • Frameworks for Climate Finance: Institutions like the Green Climate Fund play a vital role in supporting developing nations with financial resources for climate change adaptation and mitigation.
  • Climate-Resilient Infrastructures: Developing infrastructure that can withstand extreme weather events and rising sea levels, crucial for adapting to changing climatic conditions.
  • Capacity-building Initiatives: Programs that aim to enhance the resilience of vulnerable communities, empowering them to cope with the impacts of climate change effectively.
  • Recommendations by the United Nations Environment Program:
    • International Cooperation: Emphasizing the need to acknowledge the relationship between climate change and human rights within global agreements like the Paris Agreement.
    • Climate Fund Safeguards: Ensuring that climate funds consider human rights implications fully, promoting fairness and equity in climate finance distribution.
    • Financial Assistance: Advocating for increased financial aid to developing countries to support their climate change efforts and facilitate sustainable development.
    • Incorporating Human Rights Norms: Encouraging the integration of human rights principles into national legal frameworks, including laws addressing climate change issues.
    • Collaborative Approach: Suggesting partnerships between local governments and private entities to reduce greenhouse gas emissions in alignment with human rights principles.
• Implementation of the National Action Plan on Climate Change (NAPCC): This plan encompasses various missions aimed at addressing climate change through mitigation and adaptation strategies.
• Focus on Renewable Energy Initiatives: India is actively promoting clean energy sources like the National Solar Mission to reduce reliance on fossil fuels, aligning with its international commitments under the UNFCCC and the Paris Agreement.
• Sustainable Agriculture Practices: Efforts are being made to introduce practices that can bolster agricultural resilience against the impacts of climate change.
• Afforestation & Restoration Programs: Special programs are being implemented to combat deforestation and bolster carbon sequestration through afforestation and reforestation initiatives.
• On the International Level:
  • United Nations Declaration:
  • The United Nations has underscored the importance of access to a clean and healthy environment as a fundamental human right through a resolution passed in 2022.
  • Frameworks for Climate Finance:
  • Instruments like the Green Climate Fund are being utilized to aid developing nations in their efforts toward climate change adaptation and mitigation.
  • Climate-resilient Infrastructures:
  • Initiatives are being undertaken to fortify infrastructure resilience against extreme weather events and rising sea levels.
  • Support for Capacity-building Initiatives:
  • Efforts are being made to enhance the capacity of vulnerable communities to adapt to the impacts of climate change.
• United Nations: In 2022, the United Nations affirmed the right to a clean and healthy environment as a fundamental human entitlement.
• Frameworks for Climate Finance: Initiatives like the Green Climate Fund aim to aid developing nations in their endeavors to combat and adapt to climate change.
• Climate-resilient Infrastructures: These structures are designed to bolster communities against severe weather conditions and rising sea levels.
• Support for Capacity-building Initiatives: Programs are in place to empower vulnerable populations to effectively respond to the impacts of climate change.

Recommendations by the United Nations Environment Program:

• International Cooperation: Recognizing the interconnectedness of climate change and human rights within the Paris Agreement is crucial. It's essential to ensure that human rights are fully integrated into climate funds' safeguards. Developing countries should receive increased financial support. Moreover, embedding human rights standards into local laws, particularly within climate change legislation, is vital.
• Collaborative Approach: Local governments are urged to work alongside private entities to diminish greenhouse gas emissions, aligning with the UN Guiding Principles on Business and Human Rights.

Climate Change & Human Rights in India:

• Right to Health: Article 21 and Article 14 are important sources of the right to a clean environment and the right against the adverse effects of climate change. 
  • Without a clean environment, which is stable and non impacted by the impacts of climate change, the right to life is not fully realized. 
    • Article 21 recognises the right to life and personal liberty and the right to health is its important part.
    • Article 14 indicates that all persons shall have equality before law and the equal protection of laws.
• Article 48A: It states that the State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country. It was added by the 42nd Amendment, 1976 and places an obligation on the State to protect the environment and wildlife.
• Article 51-A (g): It states that it shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.
• Right to be free from the Adverse Effects of Climate Change: The right to health is impacted due to various factors such as air pollution, shifts in vector-borne diseases, rising temperatures, droughts, shortages in food supplies due to crop failure, storms, and flooding. 
  • Hence, a right to be free from the adverse effects of climate change is desirable.
• Judicial Intervention: 
  • M C Mehta v Union of India (1987): The Supreme Court treated the right to live in a pollution-free environment as a part of the Right to Life. 
  • Since then, several SC verdicts have underlined that people have a right to breathe unpolluted air, drink clean water and live a healthy life. 

Conclusion:

The Supreme Court of India's recognition of the right to be free from the adverse effects of climate change as part of constitutional fundamental rights has paved the way for holding accountable actions that hinder the achievement of climate targets. This landmark case holds significant implications for climate governance in India.