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Aditya K Mehta, President, Chief Financial and Strategy Officer, Orion Group
๐๐ข๐ ๐ก๐ญ ๐๐ ๐๐ข๐ง๐ฌ๐ญ ๐๐ฅ๐ข๐ฆ๐๐ญ๐ ๐๐ก๐๐ง๐ ๐ ๐ ๐๐ข๐ฌ๐ญ๐ข๐ง๐๐ญ ๐๐ฎ๐ง๐๐๐ฆ๐๐ง๐ญ๐๐ฅ ๐๐ง๐ ๐ก๐ฎ๐ฆ๐๐ง ๐ซ๐ข๐ ๐ก๐ญ, ๐๐ ๐ฃ๐ฎ๐๐ ๐ฆ๐๐ง๐ญ.
On April 6th, the Supreme Court observed โ๐๐ฝ ๐ฒ๐ผ ๐๐ฎ๐ฝ ๐ฝ๐ธ ๐ซ๐ฎ ๐ช๐ป๐ฝ๐ฒ๐ฌ๐พ๐ต๐ช๐ฝ๐ฎ๐ญ ๐ฝ๐ฑ๐ช๐ฝ ๐ฝ๐ฑ๐ฎ ๐น๐ฎ๐ธ๐น๐ต๐ฎ ๐ฑ๐ช๐ฟ๐ฎ ๐ช ๐ป๐ฒ๐ฐ๐ฑ๐ฝ ๐ช๐ฐ๐ช๐ฒ๐ท๐ผ๐ฝ ๐ฝ๐ฑ๐ฎ ๐ช๐ญ๐ฟ๐ฎ๐ป๐ผ๐ฎ ๐ฎ๐ฏ๐ฏ๐ฎ๐ฌ๐ฝ๐ผ ๐ธ๐ฏ ๐ฌ๐ต๐ฒ๐ถ๐ช๐ฝ๐ฎ ๐ฌ๐ฑ๐ช๐ท๐ฐ๐ฎ. ๐ฃ๐ฑ๐ฒ๐ผ ๐ฒ๐ผ ๐น๐ฎ๐ป๐ฑ๐ช๐น๐ผ ๐ซ๐ฎ๐ฌ๐ช๐พ๐ผ๐ฎ ๐ฝ๐ฑ๐ฒ๐ผ ๐ป๐ฒ๐ฐ๐ฑ๐ฝ ๐ช๐ท๐ญ ๐ฝ๐ฑ๐ฎ ๐ป๐ฒ๐ฐ๐ฑ๐ฝ ๐ฝ๐ธ ๐ช ๐ฌ๐ต๐ฎ๐ช๐ท ๐ฎ๐ท๐ฟ๐ฒ๐ป๐ธ๐ท๐ถ๐ฎ๐ท๐ฝ ๐ช๐ป๐ฎ ๐ฝ๐๐ธ ๐ผ๐ฒ๐ญ๐ฎ๐ผ ๐ธ๐ฏ ๐ฝ๐ฑ๐ฎ ๐ผ๐ช๐ถ๐ฎ ๐ฌ๐ธ๐ฒ๐ท. ๐๐ผ ๐ฝ๐ฑ๐ฎ ๐ฑ๐ช๐ฟ๐ธ๐ฌ ๐ฌ๐ช๐พ๐ผ๐ฎ๐ญ ๐ซ๐ ๐ฌ๐ต๐ฒ๐ถ๐ช๐ฝ๐ฎ ๐ฌ๐ฑ๐ช๐ท๐ฐ๐ฎ ๐ฒ๐ท๐ฌ๐ป๐ฎ๐ช๐ผ๐ฎ๐ผ ๐๐ฎ๐ช๐ป-๐ซ๐-๐๐ฎ๐ช๐ป, ๐ฒ๐ฝ ๐ซ๐ฎ๐ฌ๐ธ๐ถ๐ฎ๐ผ ๐ท๐ฎ๐ฌ๐ฎ๐ผ๐ผ๐ช๐ป๐ ๐ฝ๐ธ ๐ช๐ป๐ฝ๐ฒ๐ฌ๐พ๐ต๐ช๐ฝ๐ฎ ๐ฝ๐ฑ๐ฒ๐ผ ๐ช๐ผ ๐ช ๐ญ๐ฒ๐ผ๐ฝ๐ฒ๐ท๐ฌ๐ฝ ๐ป๐ฒ๐ฐ๐ฑ๐ฝ. ๐๐ฝ ๐ฒ๐ผ ๐ป๐ฎ๐ฌ๐ธ๐ฐ๐ท๐ฒ๐ผ๐ฎ๐ญ ๐ซ๐ ๐๐ป๐ฝ๐ฒ๐ฌ๐ต๐ฎ๐ผ 14 (๐ป๐ฒ๐ฐ๐ฑ๐ฝ ๐ฝ๐ธ ๐ฎ๐บ๐พ๐ช๐ต๐ฒ๐ฝ๐) ๐ช๐ท๐ญ 21 (๐ป๐ฒ๐ฐ๐ฑ๐ฝ ๐ฝ๐ธ ๐ต๐ฒ๐ฏ๐ฎ),โ
The SC has recognized a less articulated right against the adverse effects of climate change as a distinct fundamental right in the Constitution.
Linking the right against climate change to Articles 21 & 14, CJ Chandrachud said the rights to life and equality cannot be fully realized without a clean, stable environment. The arguments were a part of a verdict by a three-judge bench (hearing a case on the conservation of the great India bustard and the lesser florican). The bench reversed a 2021 ruling that had introduced a blanket ban against overhead powerlines covering parts of Guj & Raj to protect the birds. The court said that only allowing underground power transmission cables in such a large area, which also has an incredible potential for clean energy , will severely impact the country’s clean energy shift. It will impede global efforts against climate change, thereby threatening fundamental rights , such as the right to life, equality, access to energy, etc.
- This is a landmark verdict since it delineates the role of climate mitigation as independent from ecological conservation. The State owes a duty of care to citizens; right to a healthy, clean environment part of this duty.
- India faces pressing near-term challenges that impact the right to a healthy environment, particularly for vulnerable and indigenous communities . Lack of reliable electricity supply 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.
It is imperative for India, to uphold their obligations,including their responsibilities to mitigate greenhouse gas emissions, adapt to climate impacts, and protect fundamental rights of all individuals to live in a #sustainability related environment.