Recently, the Supreme Court (SC) expanded the scope of Articles 14 and 21 to include the “right against the adverse effects of climate change”.
Background
- The SC bench was hearing a plea to protect the Great Indian Bustard (GIB) from losing its habitat due to power transmission lines.
- On April 19, 2021, a Supreme Court bench had ordered restrictions on the setting-up of overhead transmission lines in an area covering about 99,000 square kilometres and mooted conversion of overhead low and high voltage lines into underground power lines.
- The Union Ministry of Environment, Forests, and Climate Change, Ministry of Power, and Ministry of New and Renewable Energy later approached the SC, seeking modification of its directions.
- They pointed out that India has given international commitments on transition to non-fossil fuels and reduction of emissions, and the area contains a large share of the country’s solar and wind energy potential.
- It was also contended that putting high voltage power lines underground was technically not feasible.
Supreme court’s recent observations
- While allowing the request, the apex court held that Article 21 recognises the right to life and personal liberty while Article 14 indicates that all persons shall have equality before law and the equal protection of laws. These Articles are important sources of the right to a clean environment and the right against the adverse effects of climate change.
- The court also held that without a clean environment which is stable and unimpacted by the vagaries of climate change, the right to life is not fully realised.
- The right to health is a part of the right to life under Article 21. The right is impacted due to factors such as air pollution, shifts in vector-borne diseases, rising temperatures, droughts, shortages in food supplies due to crop failure, storms and flooding.
- The inability of underserved communities to adapt to climate change or cope with its effects violates the right to life (Article 21) as well as the right to equality (Article 14).
- The court pointed out that India aimed to achieve an installed renewable energy capacity (excluding large hydro) of 175 GW (Gigawatts) by 2022, a goal that signified the country’s commitment to clean energy adoption, and the future goal is 450 GW installed capacity by 2030.
Constitutional provisions and environment
- Article 48A of the Constitution provides that the State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.
- Fundamental Duties: Article 51A (g) stipulates that it shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.
