Aditya K Mehta, President, Chief Financial and Strategy Officer, Orion Group

𝐑𝐢𝐠𝐡𝐭 𝐚𝐠𝐚𝐢𝐧𝐬𝐭 𝐜𝐥𝐢𝐦𝐚𝐭𝐞 𝐜𝐡𝐚𝐧𝐠𝐞 𝐚 𝐝𝐢𝐬𝐭𝐢𝐧𝐜𝐭 𝐟𝐮𝐧𝐝𝐚𝐦𝐞𝐧𝐭𝐚𝐥 𝐚𝐧𝐝 𝐡𝐮𝐦𝐚𝐧 𝐫𝐢𝐠𝐡𝐭, 𝐒𝐂 𝐣𝐮𝐝𝐠𝐦𝐞𝐧𝐭.

On April 6th, the Supreme Court observed “𝓘𝓽 𝓲𝓼 𝔂𝓮𝓽 𝓽𝓸 𝓫𝓮 𝓪𝓻𝓽𝓲𝓬𝓾𝓵𝓪𝓽𝓮𝓭 𝓽𝓱𝓪𝓽 𝓽𝓱𝓮 𝓹𝓮𝓸𝓹𝓵𝓮 𝓱𝓪𝓿𝓮 𝓪 𝓻𝓲𝓰𝓱𝓽 𝓪𝓰𝓪𝓲𝓷𝓼𝓽 𝓽𝓱𝓮 𝓪𝓭𝓿𝓮𝓻𝓼𝓮 𝓮𝓯𝓯𝓮𝓬𝓽𝓼 𝓸𝓯 𝓬𝓵𝓲𝓶𝓪𝓽𝓮 𝓬𝓱𝓪𝓷𝓰𝓮. 𝓣𝓱𝓲𝓼 𝓲𝓼 𝓹𝓮𝓻𝓱𝓪𝓹𝓼 𝓫𝓮𝓬𝓪𝓾𝓼𝓮 𝓽𝓱𝓲𝓼 𝓻𝓲𝓰𝓱𝓽 𝓪𝓷𝓭 𝓽𝓱𝓮 𝓻𝓲𝓰𝓱𝓽 𝓽𝓸 𝓪 𝓬𝓵𝓮𝓪𝓷 𝓮𝓷𝓿𝓲𝓻𝓸𝓷𝓶𝓮𝓷𝓽 𝓪𝓻𝓮 𝓽𝔀𝓸 𝓼𝓲𝓭𝓮𝓼 𝓸𝓯 𝓽𝓱𝓮 𝓼𝓪𝓶𝓮 𝓬𝓸𝓲𝓷. 𝓐𝓼 𝓽𝓱𝓮 𝓱𝓪𝓿𝓸𝓬 𝓬𝓪𝓾𝓼𝓮𝓭 𝓫𝔂 𝓬𝓵𝓲𝓶𝓪𝓽𝓮 𝓬𝓱𝓪𝓷𝓰𝓮 𝓲𝓷𝓬𝓻𝓮𝓪𝓼𝓮𝓼 𝔂𝓮𝓪𝓻-𝓫𝔂-𝔂𝓮𝓪𝓻, 𝓲𝓽 𝓫𝓮𝓬𝓸𝓶𝓮𝓼 𝓷𝓮𝓬𝓮𝓼𝓼𝓪𝓻𝔂 𝓽𝓸 𝓪𝓻𝓽𝓲𝓬𝓾𝓵𝓪𝓽𝓮 𝓽𝓱𝓲𝓼 𝓪𝓼 𝓪 𝓭𝓲𝓼𝓽𝓲𝓷𝓬𝓽 𝓻𝓲𝓰𝓱𝓽. 𝓘𝓽 𝓲𝓼 𝓻𝓮𝓬𝓸𝓰𝓷𝓲𝓼𝓮𝓭 𝓫𝔂 𝓐𝓻𝓽𝓲𝓬𝓵𝓮𝓼 14 (𝓻𝓲𝓰𝓱𝓽 𝓽𝓸 𝓮𝓺𝓾𝓪𝓵𝓲𝓽𝔂) 𝓪𝓷𝓭 21 (𝓻𝓲𝓰𝓱𝓽 𝓽𝓸 𝓵𝓲𝓯𝓮),”

The SC has recognized a less articulated right against the adverse effects of climate change as a distinct fundamental right in the Constitution.

Linking the right against climate change to Articles 21 & 14, CJ Chandrachud said the rights to life and equality cannot be fully realized without a clean, stable environment. The arguments were a part of a verdict by a three-judge bench (hearing a case on the conservation of the great India bustard and the lesser florican). The bench reversed a 2021 ruling that had introduced a blanket ban against overhead powerlines covering parts of Guj & Raj to protect the birds. The court said that only allowing underground power transmission cables in such a large area, which also has an incredible potential for clean energy , will severely impact the country’s clean energy shift. It will impede global efforts against climate change, thereby threatening fundamental rights , such as the right to life, equality, access to energy, etc.

• This is a landmark verdict since it delineates the role of climate mitigation as independent from ecological conservation. The State owes a duty of care to citizens; right to a healthy, clean environment part of this duty.
• India faces pressing near-term challenges that impact the right to a healthy environment, particularly for vulnerable and indigenous communities . Lack of reliable electricity supply not only hinders economic development but also disproportionately affects communities, including women and low-income households, further perpetuating inequalities.
• Therefore, 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.

It is imperative for India, to uphold their obligations,including their responsibilities to mitigate greenhouse gas emissions, adapt to climate impacts, and protect fundamental rights of all individuals to live in a #sustainability related environment.