The right to litigate – Use of legal remedies to limit nature’s exploitation is at the core of democracy

Source: The post is based on the article “The right to litigate – Use of legal remedies to limit nature’s exploitation is at the core of democracy” published in The Hindu on 26th April 2023.

Syllabus: GS – 3: Environment and Bio-diversity Conservation

Relevance: About coal-fired plants.

News: The Central Bureau of Investigation (CBI) has recently registered a case against an environmental lawyer and his organisation for violating Foreign Contribution (Regulation) Act (FCRA) provisions. The CBI has said that they are using foreign funds to encourage litigation that will stall existing and prospective coal-fired plants in India.

About India’s climate ambitions

As a signatory to the UN Framework Convention on Climate Change and various key agreements, India has undertaken initiatives to gradually reduce reliance on fossil fuel sources and become ‘net zero’ by 2070.

India has consistently endorsed reports by the Intergovernmental Panel on Climate Change (IPCC) that mentions the urgency of ensuring global temperatures do not exceed 1.5°C of pre-industrial times. Thereby necessitating that global net anthropogenic CO2 emissions decline by about 45% from 2010 levels by 2030.

Can India continue to operate coal-fired plants?

Under the principles of ‘Common and Differentiated Responsibility’, India has maintained its right to rely on coal plants in the interim as it is still a developing economy.

The actual cost of renewable sources (solar, wind and nuclear) remains much more than that of fossil-fuel power.

About India’s upcoming coal-fired plants and challenges in execution

India has 28.5 GW of coal power capacity planned and 32 GW of plants are under construction. But a majority of their commissioning has been delayed due to

-Insufficient environment clearances, land acquisition, and redevelopment and rehabilitation-related problems.

–Rulings by the National Green Tribunal and lack of adherence to norms prescribed mainly under provisions of the Environment Protection and related legislation.

-Funding for new coal plants is increasingly difficult with multilateral funding agencies refusing to fund such plants.

Is using legal remedies to limit the operation of coal-fired plants wrong?

No. In India, many coal plants run inefficiently and rely on lenient environmental curbs as they are critical to India’s power needs.  In this situation, using legal remedies to limit the industrial exploitation of nature and ensuring just compensation is at the core of a civilised democracy.