Notes on Supreme Court Judgment Regarding the Great Indian Bustard and Climate Change

  • Context of the Case

    • The Supreme Court of India is addressing the critically endangered Great Indian Bustard (GIB) through Writ Petition (Civil) No. 838 of 2019.
    • The petitioners seek urgent conservation measures for the GIB and demand an emergency action plan for its protection.

  • Background on the Great Indian Bustard (GIB)

    • Scientific Name: Ardeotis nigriceps
    • Habitat: Native to southern and western India, primarily found in Rajasthan.
    • Population Decline: Classified as critically endangered by the IUCN since 2011 due to habitat loss, degradation, hunting, and disturbances.
    • As of 2013, the government estimated only about 125 GIBs were left; IUCN estimates 50-249 mature GIBs.
    • Reproductive Habits: They lay a single egg with ground-based nesting, making eggs vulnerable to predation and habitat destruction.

  • Legal Action and Petition Details

    • The petitioners sought:
    • Directions for an emergency response plan for GIB conservation.
    • Installation of bird diverters and restrictions on new projects in critical habitats.
    • Prohibit the use of pesticides near critical habitats and manage surrounding grasslands.
    • Justice Dhananjaya Y Chandrachud emphasized the need for comprehensive and urgent protective measures.

  • Judgment Dated April 19, 2021

    • Imposed restrictions on new overhead transmission lines affecting a region of 99,000 square kilometers, crucial to GIB habitats.
    • Ordered the evaluation of alternative underground power transmission, particularly for high-voltage lines.
    • Urged the creation of bird diverter installations for existing overhead lines in GIB areas.

  • Union of India's Response and Modifications

    • The Union expressed that the April 2021 judgment impacts the power sector, international climate commitments, and economic growth.
    • It highlighted that the GIB population decline began before infrastructure developed, driven by low birth rates, poaching, and habitat destruction.
    • Proposed modifications emphasized that comprehensive strategies are essential for GIB protection, including considering broader environmental impacts.

  • India’s International Commitments on Climate Change

    • Participation in the Kyoto Protocol and UNFCCC imposes obligations for reducing emissions and enhancing renewable energy.
    • India’s goals include achieving significant non-fossil fuel electricity capacity by 2030 through various national initiatives.
    • Right to a Clean Environment: Enshrined in Articles 21 and 48A of the Constitution; recognizes individuals have rights against adverse climate effects.

  • Importance of Renewable Energy

    • Solar energy as a solution for pollution reduction and energy security, pivotal for India’s climate action goals.
    • India aims for extensive solar capacity installations, promoting economic development and reducing reliance on fossil fuels.

  • Climate Change Litigation Trends

    • Global cases demonstrate a focus on climate change denial and the rights of children and marginalized communities affected by climate impacts.
    • Judicial acknowledgment of the relationship between environmental protection and human rights, emphasizing state accountability for carbon emissions.

  • Conclusion and Next Steps

    • The Supreme Court requires establishing a committee of experts to assess the feasibility of underground transmission lines and GIB conservation strategies.
    • The committee will report back to the Court with findings and recommendations by July 31, 2024 after evaluating various considerations and stakeholder inputs.