Climate litigation gets shot in the arm, climate justice is not far behind in India
11 months, 2 weeks ago

Climate litigation gets shot in the arm, climate justice is not far behind in India

Hindustan Times  

The seeds of climate justice that were sown a few years ago in several milestone judgments by the apex court, have now perhaps given rise to its first significant shoot in the form of the judgment delivered earlier this week in the now famous Great Indian Bustard case. While the apex court has to be lauded for fortifying and expanding the right to a healthy environment to include the right to be free from the adverse effects of climate change, the real challenge would be to work out the modalities of how such a right can be enforced within the current framework of environment and energy law and in the absence of a robust climate law for the country. Second, in this case, the three categories being priority areas, potential areas and additional important areas as GIB habitats needs to be examined under the lens of the Wildlife Protection Act, 1972 and a due process ought to be followed before it impacts not only the critically endangered species such as GIB which is sought to be protected but also the communities and the other stakeholders who may be impacted by such declarations. Third, it is true that an enormous area gets covered to the tune of approximately 99,000 sq km and is a huge area to be closed or prohibitively regulated for green energy development which perhaps weighed on the minds of the judges giving the latest Order on GIB by allowing overhead transmission lines instead of underground cables for wheeling of renewable energy power. This judgment again throws the door wide open to developing a pragmatic road map backed by strong legislation on renewable energy which could actually guide us to the climate targets that we so eloquently profess and communicate before the world community and truly ensure climate justice.

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