Note4Students: 

Prelims: What is just a transition concept?;

Mains: Advantages of a just transition framing;

Mentor comments:  In April 2024, the Supreme Court of India delivered a significant judgment in the case of “M.K. Ranjitsinh and Others vs Union of India.” The two-judge bench, comprising Justice Sanjiv Khanna and Justice Dipankar Datta, ruled on the matter concerning the rights of wildlife and environmental protection. The court emphasized the importance of safeguarding natural habitats while balancing developmental needs, thereby reinforcing the legal framework aimed at preserving biodiversity and ecological integrity in India. This ruling reflects the judiciary’s commitment to environmental justice and sustainable development practices.

Let’s learn!

__

Why in the News? 

• In April 2024, the Supreme Court of India, in the case of “M.K. Ranjitsinh and Others vs Union of India”, acknowledged a human right to be free from the adverse effects of climate change. 
• This landmark decision has generated considerable discussion, with varying opinions. For some, it represents a significant advancement in climate action, while others contend that it inadequately safeguards endangered biodiversity.

Key points as per judgement: 

• Recognition of Human Rights Against Climate Change: The Supreme Court’s judgement recognized a human right against the adverse impacts of climate change, marking a significant step in the realm of environmental jurisprudence in India.
• Concept of Just Transition: The judgement emphasized the importance of framing climate action through the lens of “just transition.”  
• Inclusion of the Non-Human Environment: A significant aspect of the judgement was the consideration of introducing the non-human environment, such as biodiversity and ecosystems, as a subject within the concept of just transition.  
• Mixed Reactions: The decision has sparked diverse opinions. While it is seen as a victory for climate action, some critics argue that it has not sufficiently protected endangered biodiversity, especially species like the Great Indian Bustard.

What is just a transition concept? 

• The concept of just transition refers to a framework aimed at ensuring that the shift from a high-carbon economy to a low-carbon economy is equitable and inclusive, addressing the social, economic, and environmental impacts of this transition.

Advantages of a just transition framing

• Equitable Climate Action: Framing the case within a just transition context allows the court to promote equitable and inclusive climate action. It shifts the narrative from viewing decarbonisation and biodiversity protection as adversarial to recognising their interdependence.
  • This approach can prevent the marginalisation of biodiversity interests, ensuring that the burdens of climate action are shared fairly among all stakeholders, including affected communities and ecosystems.
• Expansion of Just Transition Concept: The case provides a unique opportunity to broaden the just transition framework by incorporating the non-human environment, specifically the Great Indian Bustard, as an affected entity.
  • This inclusion can help develop jurisprudence that recognizes the rights of nature and expands the understanding of just transition beyond human communities, aligning with emerging eco-centric legal principles.
• Catalyst for Research and Awareness: Introducing the just transition concept in this case can stimulate much-needed research on just transition litigation in India, an area that remains underexplored.
  • By mapping existing cases and integrating them into the broader discourse on just transitions, the court can contribute to filling gaps in knowledge and understanding of how climate justice can be effectively achieved in the context of renewable energy projects.

Way forward: 

• Developing a Comprehensive Legal Framework for Just Transition: The Supreme Court should advocate for the creation of a robust legal framework that explicitly incorporates the principles of just transition. This framework should provide clear guidelines for ensuring that climate action, particularly decarbonisation efforts, is inclusive and fair to all stakeholders, including vulnerable communities and ecosystems.  
• Establishing a Multidisciplinary Task Force for Monitoring and Implementation: The Court could recommend the formation of a multidisciplinary task force comprising experts in environmental law, social justice, economics, and biodiversity conservation.