| Court | Hon’ble Supreme Court of India |
| Citation | Writ Petition (Civil) No. 838 of 2019 |
| Case Name | M.K. Ranjitsinh & ors. vs UOI & ors |
| Date | 21/03/2024 |
| Appellant | M.K. Ranjitsinh & ors |
| Respondents | Union of India & ors |
| Judge | Hon’ble Dr. D.Y. Chandrachud, CJI; J B Pardiwala; J Manoj Mishra |
INTRODUCTION
Large and primarily prevalent in the dry areas of Rajasthan and Gujarat, the nation of India, is the Great Indian Bustard (GIB). At approximately 210 and 250 cm across, the span of its wings makes it one of the heavier birds to fly. Unfortunately, a number of variables, such as habitat loss, introduced organisms, pollution, changing temperatures, and low reproductive rates, have made it seriously in danger. Overhead power cables pose an important danger to the GIB and have significantly reduced its numbers.Around the world, efforts to tackle climate change and maintain the natural world have been advancing. Maintaining a balance between ongoing advancement and achieving the Sustainable progress Goals (SDG) is essential The Great Indian Bustards protection, as well as the nation’s energy demands and global responsibilities, were each rendered possible in large part by the Supreme Court of India.
FACTS OF THE CASE
- Overhead cables pose a significant threat to the survival of the Great Indian Bustard.
- The Power Line Mitigation report (2018) highlights that approximately 1 lakh birds die annually due to collisions with power lines.
- Urgent action is needed to reduce this mortality and prevent the extinction of Great Indian Bustards.
- In the Thar region, there were 6 recorded mortalities of Great Indian Bustards between 2017 and 2020.
- The Ministry of Power’s affidavit (dated 15/03/2021) emphasizes that Great Indian Bustards lack frontal vision.
- As a result, they cannot detect power lines from a distance, making them vulnerable to collisions.
- Electrocution is a common cause of death when low voltage lines are involved.
- The petitioners seek an interim direction:
- To ensure predator-proof fencing and controlled grazing in the identified habitat.
- To prohibit the installation of overhead power lines.
- Preventing new wind turbine and solar power plant construction in important and suitable habitat regions.
ISSUE
1. Is it essential for there to be a group of experts functioning to collect and track data in order to protect the shrinking GIB population?
2. Acceptable methods that maintain the species’ existence alongside establishing renewable energy sources.
CONTENTION OF APPELLANT
- The main purpose for initiating this legal action is for the preservation of the GIB’s shrinking habitats, which has been adversely affected by electricity transmission lines among other activities.
- The appellant urged the court for the establishment of a committee to collect information and verify the observance of the Apex Court’s directives. The Rajasthani deserts ecology will be impacted as a consequence of the GIB decline in population.
- On top of that, the appellant underlined the significance for underground electric channels to be constructed.
- In addition, a report received from the Power Grid Corporation was also offered to back up the contention that it is simpler to adhere to underneath electrical channels, and that this indicated approach had been effectively put into practice to preserve the varieties of birds in the Khadir area of Kutch.
CONTENTION OF REPONDENT
- The respondents submitted that the previously mentioned strategy is not practical, was exclusively applied to a relatively small number of tender announcements and is not generally applicable. The Wildlife Institute of India concurred stressing that an all-encompassing strategy is inappropriate. A multimodal approach is necessary to deal with this important problem.
- A supplementary affidavit highlighted that the GIB population commenced shrinking in the year 1960, shortly after transmission lines were installed and the nation began to electrify on a large scale.
- Aside from transmission lines, the responders listed a number of other explanations for the GIB population loss, including:
- Poaching
- Invasive species
- Low birth rate
- Climate Change
- Additionally, a few a few more ideas have been provided by the responders, which included the following:
- Installing bird diverters
- Whenever practicable, using underground channels
- The Conservation of Wildlife in the Indian Constitution:
- Article 21: An individual’s life or individual liberty cannot be taken away from them unless a constitutionally required mechanism is followed. The legal community has given the term “life” a broad meaning that encompasses all types of life, including animal life, which is necessary for a healthy environment.
- “The State shall make efforts to preserve and enhance the surroundings and to protect the natural beauty and biodiversity of the country,” states Article 48A. DPSP are not legally binding, nevertheless the Supreme Court of India created the Doctrine of Harmonious Construction in the Kerala Education Bill case, whereupon DPSP and Fundamental Rights collaborate towards avoiding conflict.
- Article 51 A (g): states that citizens have responsibility for dealing with creatures of all kinds with feelings of empathy and draws attention to the responsibility they have to protect and enhance the ecosystem, which includes water bodies, forests, and animals as well.
JUDGEMENT
The court underlined the significance it is to delay the extinction of shrinking species. Authorized the establishment of diverters in order to impede the species’ collapse. Necessary a feasibility assessment to be performed before any beneath the ground transmission middlemen were installed. In the unlikely circumstance that putting diverstors is stipulated by the contract, below ground transmission should be eliminated. Noted just how important it is to set up breeding facilities with enough care to safeguard species that are in grave risk of extinction. Highlighted India’s obligations under the Paris Agreement and Kyoto Protocol to fight climate change.
It is recommended that energy utilities be made aware of: Section 135 of the Companies Act, 2013, this law requires corporate social responsibility depending on the profit or net worth of a firm and The Companies Act, 2013, Section 166(2), dictates the organization’s directors conduct themselves in the best possible way for the corporation, community members, the workforce, all stakeholders, and the preservation of the environment.
The Compensatory Afforestation Fund Act of 2016 has provided substantial funding to both national and state authorities, The implementation of these funds to lessen potential risks to biodiversity is addressed in Sections 4, 5 and 6.
Stated the transfer of Rs. 47,436 crores to the Rajasthan state’s Compensatory Afforestation Fund Management and Planning Authority, out of a total value of Rs. 54,685 crores. Accepted a new fundamental right, protected by Articles 14 and 21 of the Indian Constitution, to be immune to the damaging effects of climate change. To enhance outcomes, a committee which includes highly qualified professionals has been formed to look into the subterranean of high-voltage electricity lines.
ANALYSIS
In 2018, they included less than 150 Great Indian Bustards (GIBs) surviving on the barren plains of India, where they were once previously pervasive. A source of pride for the whole nation, this enormous bird has a wingspan of seven feet and an average height of just under a metre. The Supreme Court took the right choice by taking into account every relevant variable, including the important nature of preserving the GIB and the difficulties involved with burying all gearbox lines. A fair solution was established by the court, which included the installation of diverters and the formation of an expert committee who would oversee the undercarriage of electricity lines. To save the birds, it also mandated renovations to the current overhead lines in significant GIB locations.
The governing body has to enact clear, rigorous regulations regarding the environment in order to safeguard both progress and preserve the environment. These regulations would render it easier to punish culprits and analyze how well society follows rules governing the environment.
CONCLUSION
With this decision, the supreme court has at last dealt with the adverse consequences of climate change in domestic legislation. Ensuring the safety and security of severely endangered species is crucial for the preservation of the environment and food chain. In order to avoid development from causing ecological degradation, an accurate compromise between preserving the environment and growth in the economy must be achieved.
For the purpose of protecting the environment from human interference, worldwide organizations and particular countries are currently trying to make illegal ecocide. Mass environmental harm cannot be tolerated or facilitated in order to help ensure that all living things lead peaceable and compassionate lives.
REFERENCE
- MK Ranjitsinh v. Union of India: The Supreme Court’s very own Sophie’s Choice moment (bar and bench)- https://www.barandbench.com/columns/mk-ranjitsinh-v-union-of-india-the-supreme-courts-very-own-sophies-choice-moment
- https://indiankanoon.org/doc/165550376/
- Analysis: What does the new Supreme Court judgment mean for climate action in India? (down to Earth)- https://www.downtoearth.org.in/governance/analysis-what-does-the-new-supreme-court-judgment-mean-for-climate-action-in-india–95462
Written by Megha Agarwal an intern under legal vidhiya
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