The court revisited its April 2021 directive, which mandated the undergrounding of overhead transmission lines spanning over 80,000 sq km in the two states. However, it acknowledged the necessity for a nuanced approach in implementing such directives
The Supreme Court of India has highlighted the profound impact of climate change on the fundamental right to equality, stressing the need for a delicate balance between environmental conservation and infrastructure development.
In response to the critical endangerment of the Great Indian Bustard (GIB) and the proliferation of renewable energy infrastructure in Rajasthan and Gujarat, the apex court has constituted a committee to address these pressing issues.
The court revisited its April 2021 directive, which mandated the undergrounding of overhead transmission lines spanning over 80,000 sq km in the two states. However, it acknowledged the necessity for a nuanced approach in implementing such directives.
Expressing concerns over the adverse effects of climate change on constitutional rights, the bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra stressed the interconnectedness of environmental stability with the right to life and health. The impacts of climate change, including air pollution, shifts in disease patterns, extreme weather events, and food shortages, pose significant threats to these rights enshrined in Article 21.
The dwindling population of Great Indian Bustards, primarily found in Rajasthan and Gujarat, underscores the urgency of mitigating human-induced threats. Collisions with overhead power lines, notably those associated with solar plants, have been identified as a leading cause of mortality among GIBs. Their lateral vision impedes their ability to avoid live wires, exacerbating the risk posed by infrastructure encroachment.
In light of these challenges, the Supreme Court’s decision to convene a committee underscores the imperative of striking a balance between environmental conservation, renewable energy development, and the protection of constitutional rights amidst the looming specter of climate change.
The apex court said lack of reliable electricity supply for many citizens not only hinders economic development but also disproportionately affects communities, including women and low-income households, further perpetuating inequalities.
The bench in an order, passed on March 21, formed an expert committee comprising Director, Wildlife Institute of India, Dehradun, Dr Hari Shankar Singh, member, National Board for Wildlife, Dr Niranjan Kumar Vasu, former Principal Chief Conservator of Forest, B Majumdar, former Chief Wildlife Warden and Principal Chief Conservator of Forest, Maharashtra, Dr Devesh Gadhavi, Deputy Director, The Corbett Foundation, Lalit Bohra, Joint Secretary (Green Energy Corridor), Ministry of New and Renewable Energy; and Joint Secretary, Ministry of Environment, Forests and Climate Change.
The work of the committee would also traverse the area of the setting up of transmission lines to facilitate solar power generation.
“The right to a healthy environment encapsulates the principle that every individual has the entitlement to live in an environment that is clean, safe, and conducive to their well-being. By recognising the right to a healthy environment and the right to be free from the adverse effects of climate change, states are compelled to prioritise environmental protection and sustainable development, thereby addressing the root causes of climate change and safeguarding the wellbeing of present and future generations.
“It is imperative for states like India, to uphold their obligations under international law, including their responsibilities to mitigate greenhouse gas emissions, adapt to climate impacts, and protect the fundamental rights of all individuals to live in a healthy and sustainable environment,” the bench said.
The judgment came on a petition by wildlife activist MK Ranjitsinh and others to protect the GIB.
The top court, in its 2021 judgement on the PIL, had passed a slew of directions to save the GIB.
It had earlier directed the governments of Gujarat and Rajasthan to replace overhead electric cables with underground cables, wherever feasible, and install bird diverters in priority areas where GIBs live.
With inputs from PTI
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