The Great Indian Bustard and climate action verdict 

The Great Indian Bustard (GIB) stands as a symbol of India's rich biodiversity, yet its existence is threatened by various human-induced factors. This article delves into the conservation status, habitat, and importance of the GIB in the Indian subcontinent.

Conservation Status

The GIB is classified as critically endangered by the International Union for Conservation of Nature (IUCN), indicating its precarious position on the brink of extinction. Additionally, it is listed under Appendix I of both the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the Convention on Migratory Species (CMS), highlighting the need for stringent protection measures.

Habitat and Distribution

Historically, the GIB inhabited grasslands and semi-arid regions across India, Pakistan, and Nepal. However, habitat loss, hunting, and human encroachment have led to a drastic decline in its population. Today, the GIB is primarily restricted to isolated pockets in the states of Rajasthan, Gujarat, Maharashtra, Karnataka, and Andhra Pradesh in India.

Conservation Efforts

Conservation efforts for the GIB encompass a range of strategies, including habitat restoration, anti-poaching measures, captive breeding programs, and community engagement initiatives. Despite these endeavours, the species remains critically endangered, underscoring the urgency of comprehensive conservation actions.

Ecological Importance

The GIB plays a pivotal role in maintaining the ecological balance of grassland ecosystems. As a top predator, it helps regulate prey populations and contributes to nutrient cycling. Moreover, its presence serves as an indicator of the overall health of grassland habitats, making its conservation crucial for preserving India's natural heritage and biodiversity.

• The Court's decision to limit itself to the recognition of the right allows for a constructive discourse on its content. This approach creates space for informed discussions that can lead to a more nuanced understanding of the right in the future. By refraining from prescribing specific measures or remedies at this stage, the Court enables stakeholders to engage in meaningful dialogue and contribute to the development of the right.
• The use of the just transition framework in addressing the core issue of the case is commendable. This framework emphasizes equitable climate action, taking into account the needs and interests of all stakeholders, particularly those most vulnerable to the impacts of climate change. By adopting this approach, the Court acknowledges the importance of ensuring that climate policies and measures do not disproportionately burden marginalized communities.
• Furthermore, the just transition framework facilitates the articulation of a more reflexive and inclusive right to be free from the adverse impacts of climate change. It encourages policymakers and decision-makers to consider the social, economic, and environmental dimensions of climate action, thereby promoting a holistic and sustainable approach to addressing climate change.

Government's Challenge and Court's Decision

The government challenged the blanket ban on transmission lines, citing India's international climate commitments and the impracticality of undergrounding power lines. In its March 21, 2024 decision, the Court modified the earlier order, tasking an expert committee with reassessing the feasibility of undergrounding power lines and identifying conservation measures for the bustard.

Recognition of the Right to Climate Justice

In a groundbreaking move, the Court recognized the existence of a right against the adverse impacts of climate change, rooted in Articles 14 and 21 of the Constitution of India. However, the Court refrained from articulating the right further, emphasizing the need for informed discourse and future articulation.

Analysis of the Court's Approach

Contrary to its usual practice of articulating environmental rights in public interest cases, the Court exercised restraint in this decision. By recognizing the right without prescribing specific remedies, the Court allows for a more nuanced understanding and informed articulation of the right in the future.

Implications and Future Outlook

While the Court's recognition of the right sets a precedent for climate justice, its non-binding nature in the operative part of the judgment raises questions about its enforceability. Nevertheless, the decision provides a catalyst for shaping future climate action and fostering discourse on climate rights in India.

4. Embracing the Just Transition Framework

The debate surrounding the adverse impacts of renewable energy projects on the Great Indian Bustard underscores a perceived conflict between biodiversity protection and mitigative climate action. However, a shift towards adopting the just transition framework offers a promising avenue for reconciling these seemingly competing interests.

The Conundrum

Conservationist Debadityo Sinha aptly frames the central issue as a dilemma between prioritizing biodiversity protection or allowing mitigative climate action. This dichotomy presents biodiversity and climate action as adversarial choices, complicating efforts to address both effectively. Moreover, the recognition of the right against climate change impacts is contextualized within this framework, primarily safeguarding human interests.

Embracing the Just Transition Framework

An alternative approach involves embracing the just transition framework, increasingly utilized in climate cases worldwide. This framework aims to ensure that transitions to a low-carbon economy are equitable and inclusive, particularly benefiting marginalized groups such as workers, vulnerable communities, and small enterprises. Applied to cases like the present one, it offers a means to protect underrepresented interests, such as those of the bustard, threatened by slow carbon transition projects like solar energy.

Advantages of the Approach

1. Adopting the just transition framework can shift the narrative away from adversarial choices towards inclusive climate action, sensitive to diverse rights and interests.
2. It facilitates the articulation of reflexive and inclusive climate rights, ensuring consideration of non-human interests and promoting ecological justice.
3. If incorporated into the final decision, this case would mark a pioneering example of just transition litigation addressing non-human interests.

Globally, such cases are rare, highlighting the significance of this case in advancing the concept of a just transition to encompassing broader environmental concerns.

5. Fostering Inclusive Climate Action through the Right to a Healthy Environment

As the final decision of the Court regarding the Great Indian Bustard conservation and renewable energy projects remains pending, there exists a pivotal opportunity to adopt the just transition framework. This framework offers a pathway towards fostering inclusive and equitable climate action, particularly in light of the recently recognized right against climate change. However, the responsibility to shape and articulate this right falls not solely on the judiciary but also on various stakeholders, including the state, activists, litigants, and academics.

The Opportunity for Inclusive Climate Action

With the acknowledgment of a right against climate change awaiting further articulation, the judiciary stands at a crossroads where the adoption of the just transition framework could pave the way for more inclusive and effective climate policies. This interim period presents a fertile ground for initiating discussions on the content of the right, thereby ensuring its inclusivity and efficacy in addressing diverse environmental concerns.

Shared Responsibility

The burden of defining and shaping this nascent right extends beyond the judiciary and encompasses a collective effort involving state actors, activists, litigants, and academics. Each stakeholder plays a crucial role in contributing to the discourse surrounding the recognition, articulation, and enforcement of climate rights. By actively participating in this process, stakeholders can collectively advance the cause of inclusive climate action and environmental justice.