The Great Indian Bustard and climate action verdict

Context:

The Supreme Court of India recently acknowledged a fundamental right to be free from the adverse impacts of climate change in a significant judgment. This editorial examines the implications of the judgment beyond the protection of the Great Indian Bustard, focusing on inclusive climate action.

1: Dimension-Right against adverse effects of Climate change

• Recognition of Climate Change Right: The Supreme Court recognized the existence of a right against the adverse impacts of climate change, citing Articles 14 and 21 of the Indian Constitution. It emphasized the threat posed by climate change to the right to life and equality, rooted in scientific consensus and international commitments.
• Lack of Articulation: While acknowledging the right, the Court refrained from articulating it further, diverging from its usual practice in environmental cases. This deliberate restraint allows for a more informed discourse on climate rights.
• Future Implications: Although not binding per se, the recognition of the right lays the foundation for future climate action and legal developments, providing space for articulation and enforcement.

2: Dimension-Just Transition Framework

• Adverse Impacts of Renewable Energy: The judgment highlighted the competing choices between biodiversity protection and mitigative climate action, particularly in the context of renewable energy projects and the Great Indian Bustard.
• Role of Just Transition: Adopting the just transition framework can reconcile these competing interests by ensuring equitable and inclusive climate action. It emphasizes the protection of underrepresented interests and promotes ecological justice.
• Advantages of Just Transition: Utilizing the framework can prevent adversarial choices between climate action and biodiversity protection, facilitate the articulation of inclusive climate rights, and set a precedent for considering non-human interests in climate litigation.

3: Dimension-A 'Shared Burden'

• Opportunity for Inclusive Climate Action: With the final decision pending, there is an opportunity for the judiciary to apply the just transition framework, promoting inclusive and equitable climate action. This shared burden extends to stakeholders beyond the state, including activists, litigants, and academics.
• Discourse on Climate Rights: The recognition of the right against climate change initiates a discourse on its content, emphasizing inclusivity and effectiveness. Stakeholder engagement is crucial in shaping and implementing these rights.
• Potential for Progress: Collaboration among stakeholders can lead to significant progress in climate action and biodiversity conservation, ensuring a balanced approach that protects both human and non-human interests.