Excerpts:

Recently, the Supreme Court of India recognized human rights in the face of climate change's adverse effects. Climate change impacts every aspect of our environment, from water, soil, and air to all living organisms, including humans. The apex court noted that due to climate change, individuals cannot fully enjoy their lifestyle & leading to deteriorating health. This inability to live properly relates to the Right to Life [Article 21], while the unequal capacity to counter these effects results in societal inequality, violating the Right to Equality.

In summary, Impact of climate change affects the Right to Life [Article 21] and the Right to Equality [Article 14].

Case Before the Court:

In 2019, a few individuals from Rajasthan & Gujarat registered a litigation in the apex court, stating the need to conserve a species of bird: The Great Indian Bustard, from the negative impact of infrastructural development in solar and wind energy generation units. Rajasthan and Gujarat have been undergoing development to produce electricity using solar & wind energy, requiring a large area and infrastructure to support it. Due to infrastructural expansion and the spreading of high voltage wires, these birds often collide with wires/wind-wings, resulting in the loss of their lives or natural lifestyle, leading to a decline in their numbers. The court then ordered a halt to the expansion in the 99,000 square km area.

Government's Stance and Non-Fossil Fuel Usage:

The government supported its infrastructural development, citing India's international commitment to global climate change and transitioning to non-fossil fuel energy production capable of lower carbon emissions. The government is focused on reducing the use of fossil fuels such as coal, petrol, and diesel to limit carbon emissions. The government is expanding solar or wind parks all over India.

India aims to achieve 500GW [half of India's total demand!] [360GW from solar & ~140 from wind energy] of electricity production using solar and wind energy by the end of 2030. As of now, India has been able to install ~80 GW of solar energy parks/plates. To meet the 2030 target, it needs to expand its infrastructure with a speed of at least 40GW installation per year from now onwards. The current speed lags at ~25GW per year.

Court's Latest Observation:

While the court lifted the blanket ban on the 99,000 square km area of energy parks and sought a report from the Scientific Committee to check the feasibility of undergrounding the existing cables of high/low voltage and another better approach for development. Their reply is expected to come in July.

While the Apex court waits for the report, it has also observed the existence of HUMAN RIGHTS against the adverse effects of climate change. Let's C what it is.

Consideration of Human Rights:

In simple words, climate change mainly affects water, air, greenery, and living beings between them, and then society and its functions. As of now, we have been witnessing 65% of calamities due to water, whether it is drought, flood, incessant rain, cyclone, waterborne disease, etc. The same goes for air pollution and deforestation, all of which affect the basic lifestyle of human beings, and people are not able to enjoy their lives fully; they are fighting with many health issues caused by these reasons. And so, the court observes that the effect of climate change limits the life of human beings meaning we are not able to live properly. In our constitution, we are provided with the fundamental right of Life. RIGHT TO LIFE [ARTICLE 21] without any limitation and thus, climate change affecting it.

Another point is that climate change will affect the vulnerable part of society more, compared to well-established society, which means widening the gap between societies, violating the fundamental rights of RIGHT TO EQUALITY. [ARTICLE 14]. The recent examples of the adverse impact of climate change are irregular rain in major parts of India, water crisis, health issues, or the recent Dubai flash flood. These are all part of climate change vulnerabilities affecting life. We need a robust action plan securing the rights of each and every person.

Way Forward:

While it is necessary for the world to focus on lowering carbon footprints, at the same time, we need to focus on inclusivity. This means there should not be a case where we are trying to mitigate the effects of climate change and in the background, our actions are creating a new set of human crises. For that, we already have a framework called the JUST TRANSITION FRAMEWORK, which aims to protect human interests against climate change actions. It serves the interests of those who are going to be affected the most, like workers, communities, small & medium-sized enterprises, and biodiversity around it. It assures that policymakers are designing policies that are more inclusive and robust. It is yet to be followed by any countries in the world.

World's Progress on Human Rights in Conjunction with Climate Action:

As of now, it has not been seen in any major economies; they are focused on development only. Recently, the European Court held Switzerland government guilty of not protecting the rights of senior women civil society against the adverse effects of climate change. This judgment has paved the way for the world to focus on maintaining the balance between society as well as mitigating the effects of climate change. With this, now governments may be caught guilty of their inaction to climate change effects.

It now upto supreme court of India, how it will move ahead with it. As of now, Court has just observed and not passed the order.