The Hindu Editorial Analysis- 18th April 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

The Great Indian Bustard and climate action verdict

In a landmark decision, the Supreme Court has broadened the interpretation of Articles 14 and 21 to encompass protection against the negative impacts of climate change.

Significance of the April 2021 Verdict by the Supreme Court

• In April 2021, the Supreme Court issued directives to limit the installation of overhead transmission lines across an expanse of approximately 99,000 square kilometers.
• The Court proposed the conversion of overhead low and high voltage lines into underground power lines.

Government's Appeal for Modification of the Court Order

• The Ministry of Environment, Forests, and Climate Change, along with the Ministries of Power and New and Renewable Energy, later petitioned the Supreme Court to alter its directives.
• The government argued that adhering to the order would jeopardize India's global commitments to reduce carbon emissions by intensifying reliance on renewable energy sources.
• This is due to the concentration of major solar and wind energy facilities in the same geographical area.
• Additionally, the government contended that the feasibility of burying high voltage power lines underground was technically unviable.

Revision of the April 2021 Order by the Supreme Court in March 2024

• In March 2024, the Supreme Court acknowledged the practical challenges associated with implementing the order, encompassing technical complexities, land acquisition hurdles, and substantial costs.
• During this ruling, the Court emphasized the importance of climate change jurisprudence, advocating for the harnessing of renewable energy while ensuring a balance between GIB conservation and environmental preservation at large.
• The Ministry of Environment, Forests, and Climate Change, Ministry of Power, and Ministry of New and Renewable Energy later approached the Supreme Court, seeking changes to its directives.
• The government argued that the original directives would jeopardize India's global commitments to reduce carbon emissions by increasing reliance on renewable energy sources. This is due to the concentration of major solar and wind energy installations in the same geographical area.
• It was also argued that the underground placement of high voltage power lines was not technically feasible.
• In March 2024, the Supreme Court revised its April 2021 ruling, citing the practical challenges associated with its implementation. These challenges include technical complexities, land acquisition hurdles, and high costs.
• The Court, in its judgment, emphasized the importance of climate change jurisprudence and the necessity to promote renewable energy while balancing the conservation of the Great Indian Bustard with overall environmental preservation.

Key Highlights of the Judgement

• The Ministry of Environment, Forests, and Climate Change, Ministry of Power, and Ministry of New and Renewable Energy sought modifications from the Supreme Court regarding its directives.
• The government contended that the original directives could undermine India's global efforts to reduce its carbon footprint by increasing reliance on renewable energy sources. This was primarily due to the concentration of major solar and wind energy installations in a specific area.
• It was also argued that the feasibility of placing high voltage power lines underground was technically unviable.
• In March 2024, the Supreme Court revised its April 2021 order, citing practical challenges in its implementation, such as technical complexities, land acquisition issues, and high costs.
• The Court, in its ruling, highlighted the importance of climate change jurisprudence and emphasized the need to promote renewable energy while ensuring the conservation of the Great Indian Bustard alongside broader environmental preservation efforts.

SC's Committee on Undergrounding Power Lines

• Supreme Court (SC) formed a nine-member committee of experts to evaluate the feasibility of undergrounding power lines in specific areas.
• The committee is tasked with submitting a report by July 31, 2024.

India's Renewable Energy Commitment

• The Supreme Court highlighted India's target of achieving 175 GW of installed renewable energy capacity (excluding large hydro) by 2022.
• India aims to reach a future goal of 450 GW installed capacity by 2030, demonstrating its dedication to clean energy adoption.
• The transition to non-fossil fuels is vital for environmental preservation, reflecting a strategic energy goal and a fundamental necessity for the country.
• Investing in renewable energy not only addresses environmental concerns but also brings about various socio-economic advantages.
• The Indian court emphasized India's renewable energy targets, aiming for 175 GW by 2022 and 450 GW by 2030.
• Transitioning to non-fossil fuels is crucial for India's environmental preservation and sustainable energy future.
• Investing in renewable energy not only mitigates environmental challenges but also brings about socio-economic advantages.
• Emphasized benefits of promoting renewable energy to enhance social equity and provide clean, affordable energy to all, particularly in rural and underserved regions.

The Role of Renewable Energy in Promoting Social Equity

• The promotion of renewable energy sources is vital for ensuring access to clean and affordable energy for all sections of society, particularly in rural and underserved areas. This initiative contributes significantly to poverty alleviation, improves the quality of life, and promotes inclusive growth and development nationwide.

• Importance of Shifting to Solar Power in India

  • India faces a pressing need to transition to solar power due to several imminent challenges:
    • Rapid Energy Demand Growth: India is projected to represent a quarter of global energy demand escalation in the next two decades. Embracing solar energy is crucial for bolstering energy security and self-sufficiency, while also mitigating environmental repercussions. Failure to make this shift could escalate reliance on coal and oil, incurring substantial economic and environmental costs.
    • Combatting Air Pollution: Widespread air pollution underscores the necessity of adopting cleaner energy sources such as solar power to counter the pollution stemming from fossil fuels.
    • Preserving Water Resources: Depleting groundwater levels and dwindling annual rainfall accentuate the importance of diversifying energy sources. Solar power, unlike coal, does not strain groundwater reserves.

• India's Transition to Solar Power

  • India is projected to contribute to 25% of the global energy demand growth in the next two decades. This highlights the urgent need for a shift towards solar energy to bolster energy security and self-sufficiency, all while mitigating adverse environmental impacts. Neglecting this transition could result in heightened reliance on coal and oil, leading to significant economic and environmental repercussions.
  • The prevalent issue of air pollution underscores the necessity for cleaner energy alternatives such as solar power to address the pollution stemming from conventional fossil fuels.
  • The diminishing groundwater levels and decreasing annual rainfall in India underscore the critical importance of diversifying the country's energy sources. Solar energy, unlike coal, does not strain groundwater resources.

• Climate Change and Human Rights

  • The recent legal discourse has highlighted the intersection of climate change and human rights, emphasizing the obligation of states to address climate impacts through a rights-based approach.
  • The right to a healthy and clean environment is an integral component of the responsibility that states have towards their citizens. Governments are mandated to implement effective measures to mitigate climate change and ensure that individuals possess the necessary resources to adapt to the challenges posed by the climate crisis.
  • The Court's Emphasis on Climate Change and Human Rights:
    • Recently, the court has highlighted the significant intersection between climate change and human rights.
    • This draws attention to the crucial need for states to address climate impacts through a rights-based approach.
    • The right to a healthy and clean environment is an integral aspect of the state's duty of care.
    • States are obligated to implement effective measures to mitigate climate change and ensure that all individuals possess the necessary resources to adapt to the climate crisis.
  • Constitutional Provisions and Challenges:
    • Article 48A of the Constitution mandates that the State must strive to protect and enhance the environment, as well as safeguard the country's forests and wildlife.
    • Clause (g) of Article 51A dictates that every citizen of India has a duty to protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to show compassion towards living beings.
    • These provisions, although essential, are not subject to judicial enforcement; they serve as indications that the Constitution acknowledges the significance of the natural world.

• Understanding the Right to Life, Clean Environment, and Climate Change

  • Article 21 of the constitution acknowledges the fundamental right to life and personal freedom. Meanwhile, Article 14 ensures equality before the law and equal protection of the laws.
  • These constitutional provisions are crucial foundations for the right to a healthy environment and protection against the adverse impacts of climate change. A clean and stable environment, free from the disruptions caused by climate change, is essential for the full realization of the right to life.

• Impact on Health and Communities

  • The right to health, encompassed within the right to life under Article 21, is significantly affected by issues like air pollution, changes in disease patterns, increasing temperatures, and droughts.
  • Communities that lack resources to adapt to or mitigate the effects of climate change face violations of their right to life and equality as outlined in Articles 21 and 14, respectively.

• Importance of Environmental Stability

  • Without a clean and resilient environment that remains unaffected by the challenges of climate change, the right to life cannot be fully realized.
  • Factors such as air quality, disease prevalence, and extreme weather events directly impact the well-being of individuals and communities, emphasizing the interconnectedness of environmental stability and human rights.

• Conclusion

  • The Supreme Court has consistently broadened the scope of fundamental rights, encompassing various aspects of a dignified life. Notably, it has now included the "right against the adverse impacts of climate change."