NEW DELHI, Apr 8 : The Supreme Court, on April 8, highlighted the impact of climate change on the constitutional guarantee of the right to equality. This observation came as the court constituted a committee to strike a balance between the conservation of the critically-endangered Great Indian Bustard (GIB) and renewable energy infrastructure in Rajasthan and Gujarat.
The court’s decision stemmed from an earlier order issued in April 2021, which mandated the undergrounding of overhead transmission lines across an expansive area of over 80,000 square kilometers in the two states. However, the bench, comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra, emphasized the need for a nuanced approach rather than a blanket directive for undergrounding high voltage and low voltage power lines.
The bench underscored the profound implications of climate change on fundamental rights, stating that a clean and stable environment is essential for the realization of the right to life and health. Factors such as air pollution, shifting disease patterns, rising temperatures, droughts, crop failures, storms, and flooding all contribute to the infringement of these rights.
The plight of the Great Indian Bustard, primarily found in Rajasthan and Gujarat, was a focal point of the court’s deliberation. The alarming decline in their population is attributed to frequent collisions with overhead power transmission lines, including those associated with solar plants, near their habitats. The court highlighted the challenges faced by GIBs due to their lateral vision, making it difficult for them to avoid live wires during flight.
Additionally, the court recognized the adverse impact of unreliable electricity supply on communities, particularly women and low-income households, exacerbating existing inequalities and hindering economic development.
In response to these concerns, the court formed an expert committee comprising distinguished individuals from various relevant fields. The committee’s mandate includes addressing the conservation of GIBs and the establishment of transmission lines for solar power generation.
The judgment underscores the importance of a healthy environment as a fundamental right, necessitating the prioritization of environmental protection and sustainable development. It emphasizes the obligation of states, including India, to uphold international commitments aimed at mitigating greenhouse gas emissions, adapting to climate impacts, and safeguarding the rights of all individuals to live in a healthy and sustainable environment.
The Supreme Court’s decision represents a significant step towards balancing environmental conservation with developmental imperatives, ensuring the protection of biodiversity while promoting renewable energy infrastructure.
