(Feature Image: Polluted Hindon river flowing through Ghaziabad in March 2024. Bhim Singh Rawat/SANDRP)
On March 21, 2024, a case related to the Grean Indian Bustard, a critically endangered bird – numbering less than 150 individuals – has led the Supreme Court of India to expand citizens’ constitutional right to life and equality to include the right to be free from the adverse impact of climate change. The PIL filed by M.K. Ranjitsinh asked to protect the GIB from extinction. In 2021, in this PIL, the Supreme Court had passed directions restricting and regulating power lines and renewable energy projects in an area of 99,000 sq km in Rajasthan and Gujarat.
The Supreme Court’s latest order modified directions passed in the earlier judgment. Chief Justice D.Y. Chandrachud – writing for the 3-judge bench including Justices J.B. Pardiwala and Manoj Mishra – has expanded the contours of environmental jurisprudence: from the oft-repeated polluter pay principle–precautionary principle–public trust doctrine to the larger arena of climate justice, environmental inequity and gender justice. However, in the process, the protection the SC gave through earlier order has been withdrawn.
Continue reading “DRP 150424: Supreme Court’s order on right to be free from climate change impact is welcome, BUT…”
