A MOMENT FOR JUST TRANSITION LITIGATION TO TAKE WING

Relevance

  • GS 2 – Polity and Governance
  • GS 3 – Environment and Ecology

Focus 

In light of climate change, this article analyses the significance of the Supreme Court’s just transition decision, especially as it relates to the Great Indian Bustard and Climate Action Verdict.  It draws attention to how it affects renewable energy, environmental justice, and India’s legal system as a whole, highlighting the necessity of fair climate action that strikes a balance between development and conservation.

Context

  • The Supreme Court of India acknowledged the right of individuals to be free from the harmful effects of climate change in the April 2024 case of M.K. Ranjitham & Others against Union of India.
  • This discussion is reminiscent of the Great Indian Bustard and Climate Action Verdict of 2023, in which the Court was faced with the same challenge of striking a balance between the protection of biodiversity and the development of renewable energy projects, especially wind farms, within the habitat of the critically endangered Great Indian Bustard.

A MOMENT FOR JUST TRANSITION LITIGATION TO TAKE WING - UPSC

Core Issue

  • Balancing the necessity for quick decarbonization with the preservation of biodiversity and vulnerable communities was the main concern in the M.K. Ranjitham case.
  • The Court was also faced with determining whether to permit the expansion of renewable energy projects in the habitat of the Great Indian Bustard, considering possible environmental and species protection issues.
  • The Court’s ruling emphasized how crucial it is to approach climate litigation from a fair transition perspective in order to protect human and environmental interests.

Key Arguments

  • Equitable and Inclusive Climate Action:
    • Socio-Economic Effects of Decarbonization: The ruling emphasizes that the socio-economic effects of decarbonization should be distributed equitably, which promotes equitable climate action and the decision acknowledged the need for quick action on climate change to safeguard impacted populations’ livelihoods as well as the environment.
    • This is consistent with the court’s prior ruling in the Great Indian Bustard case, wherein the species was protected and renewable energy projects were permitted by the placement of bird diverters on power lines.
    • Ministry of Environment, Forests, and Climate Change (MoEFCC) Assesment: The switch to renewable energy is putting almost 2.5 million employment in the fossil fuel industry at risk, according to a 2023 assessment from the MoEFCC. In the same way that the Great Indian Bustard case aimed to ensure that conservation measures would not completely halt economic development, the Court’s ruling helps guarantee that these workers are not left behind.
  • Expanding Legal Horizons:
    • The identification of the non-human environment as an entity under the just transition framework is a ground-breaking aspect of the ruling. This broadens the scope of the law and creates new channels for environmental protection-related litigation. The Court’s conclusion in the Great Indian Bustard case that the habitat of the bird is essential to its survival highlighted the significance of incorporating ecological factors into development initiatives.
    • ILO Projections: According to ILO projections, the global green economy might generate about 24 million new jobs by 2030, while the decline of the fossil fuel industry could result in the loss of 6 million employment. Just as India’s legal system needs to change to safeguard people during their transition, it also needs to safeguard endangered animals from the effects of growing infrastructure.
  • Facilitating Research and Policy Development:
    • Emphasis was placed on the necessity for scientific study to inform the trade-off between development and conservation in the Great Indian Bustard case.
    • Indian Institute of Public Administration (IIPA): 58% of India’s rural population depends on agriculture, which is extremely sensitive to climate change, according to the IIPA. In the same way that the Great Indian Bustard ruling called for policies that safeguard biodiversity while expanding renewable energy, this judgment calls for policies that strike a balance between environmental sustainability and economic resiliency.

Implications for India

  • Energy Transition:
    • A just transition is essential to preventing workers in industries like coal and oil from being disproportionately impacted by the country’s move away from fossil fuels as it accelerates its ambitions for renewable energy.
    • The decision is in favor of retraining and assistance programs for workers impacted by the energy transition.
    • Ecological factors must be taken into account when implementing energy projects, as demonstrated by the Great Indian Bustard case.
    • Employment Projection: According to the Council on Energy, Environment, and Water, India’s renewable energy sector is predicted to provide over 330,000 employment by 2025.
  • Environmental Justice:
    • It advocates for laws that uphold sustainable development while safeguarding the environment and underprivileged populations.
    • The difficulties in striking this equilibrium when developmental objectives conflict with ecological conservation were demonstrated by the Great Indian Bustard case.
    • Impact of Extreme Events: India is one of the top five nations most impacted by extreme weather events, according to the Global Climate Risk Index 2023, underscoring the need for equitable and inclusive climate policies that also take biodiversity conservation into account.

Case Studies

  • South Africa’s Just Transition Framework:
    • With an emphasis on safeguarding coal-dependent communities and laborers, South Africa has put in place a Just Transition Framework to oversee the country’s move away from coal-based electricity. Adopting comparable standards could help India’s policy framework and ensure that the country’s transition to renewable energy is inclusive.
    • About 90,000 people are employed in South Africa’s coal industry, and the country’s Just Transition Framework includes reskilling programs that India may adopt for its coal industry workers. These programs would resemble the approaches recommended in the Great Indian Bustard case for striking a balance between development and conservation.
  • Germany’s Energiewende:
    • India should learn from Germany’s Energiewende strategy, which emphasizes switching to renewable energy sources while offering social assistance to employees, as it makes its own energy transition. India may learn a lot from the policy’s emphasis on environmental sustainability and social fairness.
    • Between 2012 and 2020, Germany invested more than €40 billion in the Energiewende, including money for social security benefits for workers impacted by the phase-out of coal. These investments were made in a manner that was similar to the protection measures suggested for animals in the Great Indian Bustard decision.
  • Just Transition in the European Union:
    • The Just Transition Mechanism (JTM) of the European Union seeks to assist areas most impacted by the shift to a low-carbon economy financially and technically.
    • The JTM has set aside €17.5 billion to support coal-dependent regions in Europe. This is a substantial commitment, one that India may want to emulate in terms of funding conservation initiatives and providing assistance to its energy industry employees.

Statistical Data

  • Growth in Renewable Energy: By 2023, India’s renewable energy capacity had reached 175 GW, and the country had set high goals for the next ten years. However, as seen in the Great Indian Bustard instance, where infrastructure developments had to be balanced with ecological implications, the transition threatens the lives of some 2.5 million workers in the fossil fuel sector, emphasizing the importance of appropriate transition strategies.
  • Climate Vulnerability: India is one of the most vulnerable countries, with the IPCC estimating that 1.2 billion people may be at danger from climate change by 2050. This emphasizes how urgent it is to preserve biodiversity and enact inclusive and fair climate policies.
  • Employment Creation: India’s renewable energy sector has the potential to generate 3.5 million jobs by 2030, but this has to be balanced against the employment losses in more traditional industries, such as coal, which employ roughly 300,000 people at the moment (NITI Aayog).

Future Directions

  • Policy Integration: To mitigate the socio-economic effects of decarbonization and safeguard vulnerable groups, India requires a comprehensive Just Transition Policy. A program like this would combine economic growth and environmental justice, making the shift to a green economy sustainable and inclusive.
  • Legal Reforms: To guarantee that climate efforts are inclusive and fair, it will be essential to strengthen environmental laws to incorporate just transition principles. Legal structures, like to the safeguards for biodiversity emphasized in the Great Indian Bustard case, ought to be devised to safeguard the rights of laborers and communities impacted by the energy transition.
  • International Cooperation: To exchange best practices and resources for a just transition, India should work with other nations and international organizations. This partnership may yield insightful information about creating laws and policies that effectively strike a balance between social justice and environmental preservation.

Conclusion

The Supreme Court’s ruling is a turning point for India’s pursuit of climate justice. India can set a good example for the rest of the world in addressing climate change and making sure that the decarbonization process is just and equitable by adopting just transition litigation. The decision ushers in a new phase of climate action that, like the lessons learned from the Great Indian Bustard case, places equal emphasis on social justice and environmental protection.

Mains Question

Discuss the importance of a just transition in India’s climate action strategy. How can the judiciary help to ensure equitable and inclusive climate action, especially in circumstances where environmental conservation and development interests’ conflict? (250 words)

Source: The Hindu