Few wildlife activists and conservationists may have been critical of the judgment of the Supreme Court in saying that not enough has been done to protect the critically endangered Great Indian Bustards (GIBs). However, it needs to be noted that several conservation measures have been recommended and the government is also committed to undertaking such measures, few of which have already been initiated for the protection and conservation of the GIBs. Let us not forget that critically endangered species like the GIBs are also suffering immensely due to loss of habitat, something which has also been triggered due to climate change. The Supreme Court has therefore done well to address the need for adaptation and mitigation measures including renewables, which the state is required to undertake to protect not just the climate rights of its citizens but also mitigate the impact of climate change which includes loss of natural habitat for several species like GIBs.

The state has a duty of care to protect the overall well-being of its citizens. This essentially means that irrespective of one’s economic or social status, gender, age, location, vocation etc., they must be protected against the adverse impact of climate change. At the international level everything that the nations have been fighting for through international organisations and conference of parties (COPs), this judgment has helped achieve that at the national level, all thanks to the prudence of the hon’ble Supreme Court. This means that there is now an increased responsibility on the governments, both state and centre, to ensure that citizens are protected against the adverse effects of climate change in India.

Does this really mean that now that the Supreme Court has outlined the responsibility of the government, it is solely the duty of the state to protect us from the vagaries of climate change? The state has clearly been doing its bit. It has launched a number of initiatives for climate change adaptation and mitigation and to achieve its net zero targets and sustainable development goals (SDGs). The state hereafter could clearly be held accountable and this judgment will also result in a number of cases being filed before the Indian courts to protect the climate rights of citizens. However, none of this would be achievable if India’s more than 140 crore citizens do not make conscious lifestyle changes to reduce their carbon footprint and consumption of resources. We need to focus more than ever on natural resource conservation, reforestation, rejuvenation of rivers and water bodies and most importantly enforcing circularity by law.

Enacting a new statute to combat climate change, creating a separate ministry or constituting new committees will not serve any purpose if we do not change. The private sector bound by its profit motives could only do so much. However, as consumers it is our prerogative to ensure that there is a market only for environment-friendly products with minimal carbon footprint. The Supreme Court has created an obligation for the state to protect the climate rights of citizens but the state clearly would not be able to fulfill its obligations if we as citizens ignore our fundamental duties. It is important that the citizens drive this change.

It isn’t just our apex court but also the renewable energy companies which are treading a tightrope in balancing various considerations. They need to generate clean energy at competitive rates, without harming wildlife and biodiversity to contribute towards climate change adaptation and mitigation and thus help our country achieve its net-zero targets. This is no easy task. The court matter is not over yet either. The Supreme Court is going to closely monitor the implementation of its directions hereafter. The state too now has an added obligation to protect the climate rights of its citizens, for which it is required to undertake a multipronged approach. Therefore, it is important that we as citizens take our duties to help create a safe and healthy environment, more seriously so that we do not have to exercise our right to seek protection against the adverse impact of climate change. Every little conscious effort in this direction would make a significant difference.

This article was originally published in The Economic Times on 29 April 2024 Written by: Nawneet Vibhaw, Partner. Click here for original article

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