The Fundamental Right to a Sustainable Environment

Introduction to the New Fundamental Right

The Supreme Court of India has made a historic ruling by recognizing the right to be free from the adverse effects of climate change as a distinct fundamental right. This landmark decision is crucial for ensuring a healthy environment and promoting sustainability in development.

Connection to the Right to a Clean Environment

Previously, the Supreme Court acknowledged the right to live in a clean environment as part of the right to life under Article 21 of the Constitution. The Court now emphasizes that the right to protection from climate change and the right to a wholesome environment are interconnected. Due to the escalating threats posed by climate change, the former is now treated as a separate and distinct right.

Adverse Impacts of Climate Change

The Court has identified various adverse impacts of climate change that warrant attention. These include:

• Rising temperatures
• Increased frequency of storms and droughts
• Food shortages resulting from crop failures
• Shifts in vector-borne diseases

Such impacts significantly degrade the quality of life and the environment.

Linking Right to Equality with Environmental Degradation

Environmental degradation and climate change worsen shortages of essential resources like food and water. This situation disproportionately affects poorer and underserved communities, who lack the means to cope with these adversities. Consequently, this scenario leads to violations of the right to equality.

Context of the Supreme Court's Emphasis on Climate Change

The Court's emphasis on climate change arose in a case involving the Great Indian Bustard, a critically endangered species. The case highlighted the conflict between the obligation to reduce emissions and the necessity to enhance energy capacity through non-fossil fuel sources. This situation illustrates the tension between environmental conservation and renewable energy development.

Supreme Court's 2021 Order Regarding the Great Indian Bustard

In April 2021, the Supreme Court ordered that all low-voltage power lines in areas inhabited by the Great Indian Bustard or where conservation efforts are ongoing be laid underground. The Court also mandated the conversion of existing overhead lines in these areas to underground lines to prevent collisions with the birds.

Modifications to the Previous Order

The Supreme Court modified its earlier directive by appointing an expert committee to assess the feasibility of laying underground and overground power lines. This decision came after recognizing the technical challenges and high costs associated with converting overhead power lines to underground lines, which have implications for the renewable energy sector.

Balancing Environmental Conservation and Renewable Energy Development

This ruling reflects the ongoing conflict between the urgent need to protect endangered species and the equally critical goal of reducing carbon emissions through renewable energy sources. The challenge lies in finding solutions that cater to both environmental conservation and sustainable development goals.