Rights Against Climate Change a Human Right

Context: In April 2024, the Supreme Court of India in the case of M.K. Ranjitsinh and Others vs Union of India recognized a human right against the adverse impacts of climate change.

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• The core issue involves protecting the Great Indian Bustard, an endangered bird, from adverse impacts of solar and wind energy projects.
• The Court’s decision has been criticised for presenting decarbonization and biodiversity protection as adversarial, potentially prioritising the former over the latter.
• The decision has sparked diverse reactions—some view it as a victory for climate action, while others criticise it for failing to protect endangered biodiversity.
• The court in the final decision suggested adopting a “just transition.”

About Just Transition

• Just transition aims to make climate action fair and inclusive, ensuring that the burdens and benefits of decarbonization are distributed equitably.
• The concept began in the 1970s to protect workers affected by environmental regulations and was later incorporated into international climate agreements like the Paris Agreement in 2015.
• Traditionally, it focuses on vulnerable human communities such as indigenous people, women, children, and minorities, but not on the non-human environment.

Advantages of a Just Transition Framing in the Case

• Equitable and Inclusive Climate Action: The Court is encouraged to facilitate climate action that does not disproportionately impact any community.
  • Just transition allows for a more holistic approach, where the protection of biodiversity can coexist with decarbonization efforts.
• Introducing Non-Human Entities: This case provides an opportunity to expand the scope of just transition to include the non-human environment, such as endangered species.
  • Drawing on eco-centric jurisprudence, the Court could recognize the rights of nature, thereby incorporating the non-human environment into the just transition framework.
• Boosting Just Transition Litigation Research: The application of just transition in this case could spur research into just transition litigation, particularly in the context of renewable energy projects in India.
  • It could help map out and recognize just transition cases that are currently overlooked or not categorised as such in existing databases.

Implications for Future Climate Litigation

• Global Context: As countries strive for net-zero emissions, just transition litigation is expected to rise.
  • In India, there are currently 20 ongoing disputes related to renewable energy projects, many of which involve equitable sharing of decarbonization burdens and benefits.
• Legal and Litigation Framework: Adoption of just transition could guide future climate litigation, ensuring that climate action is both fair and effective.
• Renewable Energy Projects: The case is not an anti-energy transition but aims to ensure responsible and informed operation of renewable energy projects, potentially influencing how power transmission lines and other infrastructural elements are implemented.
• Research and Policy Development: Could catalyse necessary research and policy adjustments to better understand and implement just transition principles in climate law and litigation.

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