The concept of “just transition” in a climate case

Source: The post the concept of “just transition” in a climate case has been created, based on the article “A moment for just transition litigation to take wing” published in “The Hindu” on 9th August 2024

UPSC Syllabus Topic: GS Paper 3-biodiversity-conservation

Context: The article discusses how the Supreme Court of India could use the concept of “just transition” in a climate case to ensure equitable climate action. It suggests including nature as an affected party and highlights the need for more research on just transition litigation in India.

What is Just Transition?

Definition: Just transition ensures that climate action, particularly decarbonization, is fair and inclusive. It aims to distribute the benefits and burdens of climate efforts equitably.

Origins: The concept emerged in the 1970s to protect jobs threatened by environmental regulations. It was later adopted by the international trade union movement and included in the 2015 Paris Agreement.

Focus: Initially, just transition focused on workers in carbon-intensive industries but has since expanded to include vulnerable groups like indigenous communities, women, and minorities.

Current Application: In the M.K. Ranjitsinh case, just transition could protect the endangered Great Indian Bustard while balancing renewable energy development. This approach could also introduce nature as an entity in just transition.

Why is Just Transition Important in This Case?

1. Applying just transition in this case allows the court to consider both the protection of the Great Indian Bustard and the broader goal of environmental conservation without one undermining the other.
2. This approach can lead to more balanced and inclusive decisions in renewable energy development.
3. The concept of just transition to include non-human elements like nature and wildlife, specifically the Great Indian Bustard.
4. This would build on India’s existing environmental jurisprudence, which recognizes the rights of nature and sentient animals.

What is the Impact of This Case on Future Litigation?

1. Using just transition in this case could stimulate more research and understanding of just transition litigation in India.
2. This is especially relevant as the country faces numerous disputes over renewable energy projects. Recognizing just transition could help address these conflicts more effectively, promoting fair and sustainable climate action.
3. By framing the case within the context of just transition, the court can set a precedent for future climate litigation that equally considers human and environmental needs.

Question for practice:

Examine how the concept of just transition, as applied in the M.K. Ranjitsinh case, could influence the balance between renewable energy development and the protection of endangered species like the Great Indian Bustard.