The Supreme Court has highlighted the impact of climate change on the constitutional guarantee of the right to equality as it establishes a committee to address the delicate balance between conserving the critically endangered Great Indian Bustard and developing renewable energy infrastructure in Rajasthan and Gujarat.
In revisiting an April 2021 order mandating the undergrounding of overhead transmission lines spanning over 80,000 sq km in the two states, the apex court expressed the need for a reassessment.
A bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra emphasised the necessity of recalibrating the blanket directive concerning the undergrounding of both high-voltage and low-voltage power lines.
"Climate change may impact the constitutional guarantee of the right to equality.
"Without a clean environment that is stable and unimpacted by the vagaries of climate change, the right to life is not fully realised. The right to health (which is a part of the right to life under Article 21) is impacted by 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 bench said.
The decline in Great Indian Bustard (GIB) populations, primarily found in Rajasthan and Gujarat, is largely attributed to frequent collisions with overhead power transmission lines, including those associated with solar plants located near their habitats.
GIBs possess lateral vision, making it challenging for them to alter their flight path when encountering live wires.
Highlighting the broader implications, the apex court underscored that the lack of consistent electricity access not only impedes economic progress but also disproportionately impacts marginalised communities, including women and low-income households, thereby perpetuating existing inequalities.
"The right to a healthy environment encapsulates the principle that every individual has the entitlement to live in an environment that is clean, safe, and conducive to their well-being," the bench said.
The verdict was issued in response to a petition filed by wildlife activist MK Ranjitsinh and others seeking protection for the Great Indian Bustard (GIB).
In its 2021 ruling on the Public Interest Litigation (PIL), the Supreme Court had issued several directives aimed at conserving the GIB.
Previously, the court had instructed the governments of Gujarat and Rajasthan to replace overhead electric cables with underground cables wherever possible and to install bird diverters in key areas inhabited by GIBs.
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