Wings of Change: How a Bird Sparked Our Right to be free from the adverse effects of climate change

In a recent turn of events that caught many by surprise, the Great Indian Bustard found itself unexpectedly entangled in a legal saga that blends the complexities of environmental conservation with the weight of judicial deliberation.

The Supreme Court, in a momentous decision, recognized a new right – the right to be free from the adverse effects of climate change. Tucked within the folds of Articles 14 and 21 of the Indian Constitution, this emerges as a crucial decision in an era marked by environmental uncertainty.

But why the Great Indian Bustard, you may ask? Well, it turns out this noble bird unwittingly became a central figure in the courtroom drama. The crux of the matter lay in the clash between its ongoing court hearing. Due to the increasing fatalities of Great Indian Bustards (GIBs), wildlife advocate MK Ranjitsinh Jhala lodged a petition in 2019 urging the Supreme Court to mandate power companies to bury wiring underground within the GIB habitat in Jaisalmer. Subsequently, in April 2021, the highest court directed power companies in Rajasthan to implement underground wiring for all projects and fit diverters on existing lines in the area.

Following the April 2021 Supreme Court ruling, the Union Ministry of New and Renewable Energy (MNRE) filed an interlocutory application, arguing that implementing underground transmission could render renewable projects unfeasible. MNRE contends that project costs may surge by 4 - 20x, potentially derailing the country's renewable energy goals. With only 3% of the estimated 263 GW renewable energy potential tapped in the area, MNRE mentioned the need for an additional 93,000 MW of coal-fired capacity if remaining potential remains untapped which will be against the NDC and Net Zero goals of India.

This led the court to confront a moral dilemma – how to strike a balance between conservation and development. For the time being, the court has released 67,000 sq km of land for solar power transmission, while still protecting the 13,000 sq km core habitat of the Great Indian Bustard (GIB). The court has also created a seven-member committee to suggest conservation and protection measures for the GIB. The committee will identify areas in the 13,000 sq km "priority" area where power lines can be constructed, as well as areas that are vital for the conservation of the GIB. The committee has to submit a report by July 31.?

While these are important and progressive steps, the Supreme Court of India recognizing the right to be free from the adverse effects of climate change as a fundamental right is like finding a legal sanctuary for Mother Nature's grievances.

Next time we're navigating the maze of climate justice, let's give a nod to our feathered friend, the Great Indian Bustard, for paving the way. After all, when it comes to legal twists and turns, who knew a bird could lead the charge?