When discussing the Indian Constitution, the spotlight often falls on its six fundamental rights. Among these, Article 21, the Right to Life, stands out as the 'heart of fundamental rights'. Over time, the Supreme Court has broadened the scope of Article 21 through its judgments, including other aspects such as the Right to Clean Air, the Right to Livelihood, and more.
In a recent and important Supreme Court ruling, the Right against climate change was recognised as a separate fundamental and human right. This change shows that environmental and socio-economic rights are becoming more recognised as part of our basic rights.
This blog will help you to understand the Supreme Court's decision that made this recognition possible.
What has happened?
The Supreme Court said that people have a "right to be free from the adverse effects of climate change", which should be recognised by Articles 14 (equality before law and the equal protection of laws and 21 (right to life and personal liberty) of the Constitution.
The judgment by a three-judge Bench was delivered on 21 March 2024 in a case relating to the conservation of the critically endangered bird species Great Indian Bustard (GIB), locally known as 'Godavan', is the State Bird of Rajasthan.
Brief Facts of the Case
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The Case that led to Right Against Climate Change
- The Supreme Court's ruling came in a writ petition seeking protection for bird species the Great Indian Bustard and the Lesser Florican, which are on the verge of extinction.
- The petition sought, among other things, the framing and implementation of an emergency plan for the protection and recovery of the GIB.
- This protection plan included directions for the installation of bird diverters, stopping new projects, renewing leases for current projects, and removing power lines, wind turbines, and solar panels near critical habitats of these birds.
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Why Petition was Filed?
In this petition for conservation of GIB, the Supreme Court was considering an appeal for the modification of its 19 April 2021 order, which imposed restrictions on the setting up of overhead transmission lines in a territory of about 99,000 sq km in the GIB habitat in Rajasthan and Gujarat.
The Ministry of Power, the Ministry of Environment, Forest and Climate Change, and the Ministry of New and Renewable Energy had filed the application to modify the 2021 order on the grounds that it had adverse implications for India's power sector and that undergrounding power lines were not possible.
The three ministries also cited India's commitments to transition to non-fossil fuel energy sources vis-à-vis the Paris Climate Treaty as one of the key grounds for seeking a modification of the 2021 order.
Supreme Court's Judgment on Right Against Climate Change
- Right against Climate Change as a Fundamental Right: People have a fundamental entitlement to live in a healthy environment that is protected from the harmful impacts of climate change.
- Expansion of Art 14 and 21: SC has held that the right to life (Art 21) and the right to equality (Art 14) could not be fully realised without a clean, stable environment. SC has expanded the scope of Art 14 and Art 21 to underline the need to protect lives and livelihoods in the face of climate change.
- Co-relation of DPSP and FR: Referring to environment-related aspects of the Directive Principles of State Policy, the court said that these have to be read together with the right to life and personal liberty under Article 21.
- Change in prior order: The Supreme Court modified its April 2021 order, giving directions for underground high-voltage and low-voltage power lines. The Court acknowledged that its previous orders were impractical to follow and wouldn't achieve its goal of saving the GIB.
- Directions to Experts: Also, experts were directed to assess the feasibility of undergrounding power lines in specific areas after considering factors such as terrain, population density, and infrastructure requirements.
Also read- Supreme Court's Top 10 Judgements of 2023
Importance of the Judgment
This recognition of the right against climate change as a fundamental right helps in two key aspects.
- As a gentle push for Parliament to pay attention to these concerns and make effective laws
- By allowing citizens to use constitutional courts like the High Court and the Supreme Court to resolve such issues in the future.
Conclusion
By acknowledging the right to be free of the adverse effects of climate change as a separate basic right, India's Supreme Court has moved forward in supporting a healthy environment and sustainable growth however, it can't be used or acted upon by citizens right away. Even with many environmental rights cases, clean air and right to livelihood remains a serious issue. These rights become real only when policies are made and laws are passed.