Source: Supreme Court

Why in News?

Recently, the Supreme Court observed that “The right to equality under Article 14 and the right to life under Article 21 must be appreciated in the context of the decisions of this Court, the actions and commitments of the state on the national and international level, and scientific consensus on climate change and its adverse effects. From these, it emerges that there is a right to be free from the adverse effects of climate change”.

• The aforesaid observation was made in the case of MK Ranjitsinh And Ors. v. Union of India And Ors..

What was the Background of MK Ranjitsinh And Ors. v. Union of India And Ors. Case?

• The case pertains to the critical endangerment of the Great Indian Bustard (GIB), a species native to India, primarily in Rajasthan.
• Its population has rapidly declined due to habitat loss, hunting, and other threats.
• Various conservation efforts have been initiated, including the installation of bird diverters and breeding programs.
• However, challenges remain, particularly regarding overhead transmission lines posing risks to the species.
• A writ petition was filed seeking urgent conservation measures, leading to court directives to convert existing overhead power lines into underground ones.
• The government expressed concerns over the feasibility and implications of such directives, citing commitments to renewable energy and climate change mitigation.

What were the Court’s Observations?

• The SC held that “India faces a number of pressing near-term challenges that directly impact the right to a healthy environment, particularly for vulnerable and indigenous communities including forest dwellers. The lack of reliable electricity supply for many citizens not only hinders economic development but also disproportionately affects communities, including women and low-income households, further perpetuating inequalities.”
• Therefore, the right to a healthy environment encapsulates the principle that every individual has the entitlement to live in an environment that is clean, safe, and conducive to their well-being.
• The Court also held that by recognizing the right to a healthy environment and the right to be free from the adverse effects of climate change, states are compelled to prioritize environmental protection and sustainable development, thereby addressing the root causes of climate change and safeguarding the well being of present and future generations.

What are Articles 14 and 21?

• Article 14:
  • Article 14 of the Constitution of India, 1950 affirms the fundamental right of “equality before the law” and “equal protection of law” to all persons.
  • The first expression “equality before law” is of England origin and the second expression “equal protection of law” has been taken from the American Constitution.
  • Article 14: Equality before law - “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”
• Article 21:
  • This Article states that no person shall be deprived of his life or personal liberty except according to a procedure established by law.
  • This fundamental right is available to every person, citizens and foreigners alike.
  • The Supreme Court of India has described this right as the Heart of Fundamental Rights.
  • This right has been provided against the State only.
  • Article 21 secures two rights:
    • Right to life
    • Right to personal liberty