In a recent judgment, the Supreme Court of India has recognised the existence of a fundamental right to be free from the adverse impacts of climate change (hereinafter ‘the right’). The judgment has garnered significant attention from environmentalists, mostly focusing only on its impacts on the protection of the Great Indian Bustard. Taking a more comprehensive view, this article analyses the judgment from the lens of inclusive climate action. It argues that first, by limiting itself to only recognising the right, the Court has allowed time and space for a productive discourse on the right’s content. Accordingly, this could enable a more informed articulation of the right in the future. Second, given the nature of the core issue in this case, using the just transition framework is an excellent approach forward. It can facilitate equitable climate action, including, articulation of a more reflexive and inclusive right.
The Right
The States of Rajasthan and Gujarat are home to the critically endangered Great Indian Bustard. At the same time, both States also hold significant potential for the development of solar and wind power. In 2019, certain public-spirited individuals (petitioners), filed a public interest litigation, seeking conservation of the bustard. In the interim, they sought an order seeking a ban on further construction of solar and wind energy infrastructure, and the laying of overhead power transmission lines linked to these. They argued that these power lines were a hazard, causing the bustards to die due to frequent collisions with the lines. In its decision the Supreme Court imposed a blanket ban on the laying of overhead power lines in an area of 99,000 square kilometres; this included areas identified as priority and potential areas for bustard conservation. The Court also passed an order for undergrounding existing power lines, both high and low voltage.
