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Facts:
a) A writ petition was filed in the Supreme Court of India concerning the protection of two endangered bird species, the Great Indian Bustard (GIB) and Lesser Florican.
b) The petition referenced a previous judgment dated April 19, 2021, in which the Supreme Court had ordered restrictions on the use of overhead transmission lines and mandated the conversion to underground power lines within a year. A committee was appointed to assess the feasibility of this conversion.
c) The Ministries of Environment, Forests, and Climate Change, Power, and New and Renewable Energy requested a modification of the April 19, 2021 judgment, citing adverse implications for the power sector and India’s international commitments, including those under the Paris Agreement.
d) The Supreme Court had to decide on two major issues: modifying the directions from the previous judgment and balancing the preservation of the Great Indian Bustard with India’s commitment to climate change mitigation through a transition to renewable energy.
e) The Court reviewed threats to the Great Indian Bustards, government actions such as the ‘Habitat Improvement and Conservation breeding of Great Indian Bustard’ program launched in 2016, and other measures.
f) It considered the impacts of climate change and India’s efforts to combat it, emphasizing the promotion of renewable energy for social equity, clean and affordable energy access, and inclusive growth.
g) The Court emphasized the duty of the State under Article 48 A and the fundamental duty of citizens under Article 51 A of the Indian Constitution to protect the natural world and show compassion for living creatures.
h) It linked these duties to Articles 21 and 14 of the Indian Constitution, recognizing the right to a clean environment and protection against the adverse effects of climate change as inherent in the right to life and personal liberty (Article 21) and equality before the law (Article 14).
Issues:
Modification of the directions issued in the April 19, 2021 judgment regarding the use of overhead transmission lines and conversion to underground power lines.
• Balancing the preservation of the Great Indian Bustard with India’s commitment to control climate change through a transition to renewable energy.
• Assessing the intersection between climate change and human rights, particularly the right to a clean environment and protection against its adverse effects.
• Addressing the intricate interface between the conservation of an endangered species like the Great Indian Bustard and the imperative of protecting against climate change. Decision — Hon’ble Court addressed the interplay between promoting solar power generation and protecting an endangered species, the Great Indian Bustard (GIB). The GIB faces threats from overhead transmission lines, prompting a writ petition for urgent protection measures. Previously, an interim order restricted overhead transmission lines and mandated their conversion to underground lines. However, the Court recalled this order, recognizing the importance of balancing biodiversity conservation and climate change mitigation. The decision considered India’s international commitments to combat climate change, the right to a healthy environment, and the significance of solar power. An expert committee was tasked with assessing the feasibility of conservation efforts and submitting a report. This decision reflects a balanced approach to conservation and climate change mitigation, aligning with progressive trends in global climate change jurisprudence. breakdown this information into facts, issue and decisions. Hon’ble Court also held persons also have right against the adverse effect of climate change.
