The legal plea for the sky: The Great Indian Bustard (GIB), a landmark Supreme Court ruling on conversation and climate change
On 21 March 2024, The Supreme Court, in M K Ranjitsinh & Ors. Vs Union of India addressed an urgent need for conservation of the critically endangered Great Indian Bustard (GIB). The case highlights the link between environmental protection and energy development, particularly in lights of India’s commitments to renewable energy and climate change mitigation.
Background of the Great Indian Bustard:
The GIB (the scientific name of which is ardeotis nigriceps) is native to southern and western India. Native to arid grasslands in India, has seen a rapid decline in population due to habitat loss, hunting and other anthropogenic pressures. As of 2018 it has been classified as a critically endangered by the International Union for Conservation of Nature (IUCN). The Rajasthan government estimated that only about 125 GIBs were present in the year 2013, while IUCN placed the number of mature GIBs between 50 and 249.
Legal Framework and Petition:
In 2019, a writ petition was filed under Article 32 for seeking directions relating to the conservation of the species. The petitioners requested directives for habitat protection including the installation of bird diverters on power lines, restriction on new projects around critical habitats and enhance breeding programs. The Supreme Court reverted on the writ petition on 19 April, 2019 with significant order and imposed restrictions on overhead transmission lines across approximate 99,000 square kilometres, highlighting the need for underground power lines in critical habitats to protect this endangered species. The Court also directed the installation of bird diverters and the establishment of a committee to oversee conservation efforts, highlighting the urgency of protecting the species from extinction due to habitat loss and human activities.
Judgment and directions
The Court mandate that all low voltage powerlines to be laid in the priority and potential habitats of GIB shall in all cases underground in future. In respect of low voltage overhead powerlines existing presently in the priority and potential habitats of GIB, the same shall be converted into underground powerlines. It also formed a committee to determine the feasibility of these measures. The Court recognized the importance of balancing ecological preservation with infrastructural needs, emphasizing that conservation efforts must not hinder India's renewable energy goals.
Modification Requests and Developments:
On 17 November, 2021, various governmental bodies sought modifications to the Court's order, arguing that the restrictions adversely impacted India's energy sector and its international climate commitments. They contended that Undergrounding high voltage power lines is technically not possible and that existing measures for GIB conservation were being implemented effectively.
On 19 January, 2024, the Court acknowledged these concerns, but emphasized the need of protecting the GIB while developing renewable energy development. It directed state officials to produce updated reports on conservation efforts and emphasized a collaborative approach to address both ecological preservation and energy needs.
Vast Implications:
This case serves an important legal precedent in Indian environmental jurisprudence in India. It highlights the evolving relationship between ecological conservation and sustainable development within the framework of constitutional rights. The Supreme Court's approach reflects the rising recognition of environmental rights as fundamental human rights.
Conclusion:
The ruling in this case serves as a landmark decision in balancing conservation efforts with developmental needs. It draws attention to the necessity for comprehensive strategies that consider ecological integrity while fulfilling international obligations toward renewable energy and climate change mitigation. As India navigates these complex challenges, this case will likely influence future legal frameworks governing environmental protection and sustainable growth.
Author: Anupriya Dixit, Associate with Pratap & Co.