Right to healthy environment includes clean living conditions and protection from climate change effects

SC held that the right to a healthy environment encompasses individuals' entitlement to clean, safe living conditions and freedom from adverse climate change effects. The court balanced conservation efforts with renewable energy development, directing the Union and concerned ministries to implement specified measures while continuing existing conservation protocols. Previous project clearances granted under the earlier committee's recommendations remain unaffected. The matter was scheduled for August 2024 to consider the expert committee's report, with directions from the April 2021 order being substituted by the current judgment.

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Issues Involved:
1. Conservation of the Great Indian Bustard (GIB).
2. Modification of the judgment dated 19 April 2021.
3. India's commitment under international conventions.
4. The right to a healthy environment and the right to be free from the adverse effects of climate change.
5. Importance of solar power as a source of renewable energy.
6. Climate change litigation in other jurisdictions.

Summary:

1. Conservation of the Great Indian Bustard (GIB):
The GIB, classified as 'critically endangered' by IUCN, faces threats from habitat loss, overhead transmission lines, and predators. A writ petition u/s Article 32 sought urgent directions for GIB conservation, including installation of bird diverters, dismantling power lines, and creating predator-proof enclosures.

2. Modification of the judgment dated 19 April 2021:
The Supreme Court's 19 April 2021 judgment imposed restrictions on overhead transmission lines in GIB habitats. The Union of India sought modification, citing adverse implications for the power sector and international commitments to renewable energy. The Court acknowledged the technical infeasibility of undergrounding high-voltage lines and the need for a balanced approach to conservation and renewable energy development.

3. India's commitment under international conventions:
India's commitments under the Kyoto Protocol and Paris Agreement include reducing emissions and transitioning to renewable energy. The Paris Agreement mandates that each Party communicate a nationally determined contribution every five years. India aims to achieve 50% cumulative electric power installed capacity from non-fossil fuel-based energy resources by 2030.

4. The right to a healthy environment and the right to be free from the adverse effects of climate change:
The right to a clean environment is recognized under Articles 14 and 21 of the Constitution. The Court emphasized the need to articulate the right against the adverse effects of climate change, highlighting the impact on vulnerable communities and the importance of sustainable development.

5. Importance of solar power as a source of renewable energy:
Solar power is crucial for reducing reliance on fossil fuels and mitigating climate change. India has significant solar energy potential, with initiatives like the National Solar Mission and the International Solar Alliance promoting solar energy adoption. The geographical landscape of Gujarat and Rajasthan is ideal for solar power generation.

6. Climate change litigation in other jurisdictions:
Internationally, courts have addressed climate change-related cases, emphasizing the state's duty to adopt ambitious climate policies. The Dutch Supreme Court in Urgenda Foundation case, and other cases like Sacchi v. Argentina and Ioane Teitiota v. The Chief Executive of the Ministry of Business, Innovation and Employment, highlight the global judicial response to climate change.

Modification of the Judgment:
The Court recognized the need to balance GIB conservation with renewable energy development. It appointed an Expert Committee to assess the feasibility of underground and overhead power lines in GIB habitats and recommend suitable conservation measures. The Committee's remit includes evaluating climate change impacts on GIB habitats and engaging stakeholders for collaborative efforts.

The Court directed the Union of India and relevant ministries to implement conservation measures for the GIB and continue efforts to meet international commitments for renewable energy. The injunction on overhead transmission lines in priority and potential areas was recalled, subject to the Committee's recommendations. The Committee is to submit its report by 31 July 2024.

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