Today's Editorial

A moment for just transition litigation to take wing

Relevance; GS Paper II & III

Why in News?

In April 2024, the Supreme Court of India recognized a human right against the adverse impacts of climate change in the case of M.K. Ranjitsinh and Others vs Union of India. This decision has sparked significant discourse with mixed reactions. 

What is Just Transition?

• Just transition is a concept that aims to make mitigative climate action inclusive and fair. 
• It seeks to ensure that the burdens and benefits of decarbonization are distributed equitably. 
• The concept emerged in the 1970s as a tool to protect workers whose jobs were being threatened by increasing environmental regulation and was later brought into climate change debates by the international trade union movement.
• In 2015, it was included in the international treaty on climate change, the Paris Agreement. 

Scope of Just Transition:

• Just Transition initially focused on protecting workers in carbon-intensive industries.
• Currently it encompasses other vulnerable groups such as indigenous communities, women, children, and minorities.
• Due to their pre-existing vulnerability, they are at a higher risk of being adversely affected by decarbonisation.
• Thus far, the concept only includes affected human beings and despite its vulnerability to climate change, the non-human environment has not been recognised as a subject of just transition. 

The Great Indian Bustard Case: An Opportunity for Just Transition Framing

• The core issue in M.K. Ranjitsinh (Great Indian Bustard case) is the protection of an endangered bird, the Great Indian Bustard, from the adverse impacts of solar and wind energy projects. 
• This is an opportune moment for the Court to frame the issue using just transition and further its conceptual boundaries. 

Advantages of a Just Transition Framing:

• Equitable and Inclusive Climate Action: Just transition framing will allow the Court to facilitate equitable and inclusive climate action. This approach can help ensure responsive mitigation actions that equitably distribute decarbonization burdens while strengthening efforts.

• Recognition of the Non-Human Environment: The Great Indian Bustard case  offers an opportunity for the Supreme Court to innovate by recognizing non-human nature as a subject within just transition. Building on existing eco-centric jurisprudence, this could extend protection beyond human communities.
• Catalyzing Just Transition Research: Introducing just transition into this case could prompt necessary research into this underexplored aspect of climate litigation in India, potentially leading to more comprehensive mapping and understanding of existing cases.

Is the Great Indian Bustard case Anti-Climate:

• The consequence of adopting this approach may not necessarily be ‘anti-energy transition’ or ‘anti-climate’. 
• It will not translate into decommissioning renewable energy projects. 
• The question before the Court is limited to determining the feasibility of placing power transmission lines underground.
• A just transition framing will enable the responsible and informed operation of renewable energy projects, and not decommission them. 
• Thus, instead of being anti-climate, this case will belong to the new category of climate litigation emerging globally, i.e., litigation which is pro-just climate action.

Mapping Exercise of Just Transition Litigation:

• Given the significant number of renewable energy cases in India, a mapping exercise of just transition litigation is overdue. 
• If the concept is introduced in the GIB case, it could act as a catalyst for this much-needed research. 
• In fact, a few of these cases have already been identified as climate litigation, however, not as just transition litigation specifically. 
• For example, they do not appear in the list of just transition cases available at the Sabin Center for Climate Change Law’s Global Climate Litigation Database. 
• Thus, if the Court uses this concept, it could facilitate relevant research geared towards filling the gap in our collective knowledge about just transition litigation. 

Potential Impact on Future Climate Action:

• Rising just transition litigation as countries move towards net-zero
• Addressing ongoing disputes related to renewable energy projects
• Paving the way for equitable climate action through law and litigation

Conclusion:

The upcoming final decision of the Supreme Court in the Great Indian Bustard case presents a watershed moment for introducing the concept of just transition in India. Adopting this framework could lead to more equitable and inclusive climate action, expand the scope of just transition to include non-human entities, and stimulate much-needed research in this area.

Beyond Editorial: