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Source-This post on Just Transition Framework-A path to ecological justice has been created based on the article “The Great Indian Bustard and climate action verdict” published in “The Hindu” on 17 April 2024.
UPSC Syllabus-GS Paper-3– Conservation, Environmental Pollution and Degradation, Environmental Impact Assessment.
Context- The recent Supreme Court judgment acknowledges a fundamental right to be free from the adverse effects of climate change. While environmentalists have mainly focused on its impact on protecting the Great Indian Bustard, this article analyses the judgment from the lens of inclusive climate action.
What is the significance of the court’s decision beyond the protection of the Great Indian Bustard?
1) Space for discussion– Since the court has not enunciated the content of right, it has allowed time and space for a productive discourse on the content of the rights. This approach of the court could enable a more informed articulation of the right in the future.
2) Just Transition Framework– It allows the opportunity to utilize the just transition framework. This framework can facilitate equitable climate action.
3) Counter allegations of judicial overreach- The Courts have been appreciated for their environmental pro- activism because they have contributed to development of Indias majority environmental laws. However, this practice has been criticized for judicial overreach and the creation of imprecise rights.So,the restraint exercised by the court in this judgement will help in countering this criticism.
What are the issues with this judgement?
1) Conflict between two important issues-It projects biodiversity protection and climate action as adversarial choices.
2) Lack of inclusive approach-The right that is being recognized by the court gives importance to only protecting humans’ interests against climate change. It does not include non-humans.
What is just transition framework?
This framework makes transitions to a low carbon economy more equitable and inclusive without endangering the interests of those communities which are the most affected by such transitions. For ex- workers, vulnerable communities etc.
What is the significance of just transition framework?
1) Ending Conflict-It will prevent climate action and biodiversity protection from being seen as conflicting choices. Instead, it can promote inclusive climate action that recognizes diverse rights and interests.
2) Ecological justice– It can be utilized in climate litigations to highlight the significance of being sensitive to the interests of non-human nature and advance the principle of ecological justice.
3) Inclusive decision-If the framework is applied in the Court’s final decision, it would become one of the earliest instances where a legal process about transitioning considers the interests of non-human beings.
It’s important to involve activists, litigants, and others, not just the government, in defining, explaining, and enforcing these rights.
Question for practice
Highlight the significance of just transition framework to advance ecological justice?
