Context - In State of Telangana and Others vs Mohd. Abdul Qasim (Died) Per Lrs, the Court had said that the need of the hour is to adopt an eco-centric view of the environment, where nature is at the core.
What is the importance of the Himalayan region?
- Himalayas are a Biodiversity hotspot region and is also a huge pool of biotic resources.
- Major rivers of the region have their origin from these mountains
- Many of the world’s crops originate in mountains, a crucial resource that should be conserved for sustaining modern agriculture.
- Natural wealth in the region, including geological assets, forms an important part of the Himalayan eco-system.
- All this has contributed to a whole range of diversity in indigenous human habitations, cultures and knowledge systems. The region is largely inhabited by indigenous societies.
Present model of destruction:
- Hydroelectric power stations on the rivers and streams in the IHR are been constructed, without any care for the rights of these rivers and streams.
- Reckless widening of existing hill roads to four lanes in the name of development destabilizing the rocks and encroaching into the wildlife territories.
- A post-disaster need assessment report by the NDMA in Himachal Pradesh identified, unsurprisingly, rampant construction in violation of norms, regulations (and even court orders in many cases) right on river beds and food plains, on the steep slopes, in seismic zones, in landslide-prone areas and the loss of green cover as the reasons for the disaster.
Important court judgements in this regard:
- In State of Telangana and Others vs Mohd. Abdul Qasim (Died) Per Lrs, the Court had said that the need of the hour is to adopt an ecocentric view of the environment, where nature is at the core. The Court said, “Man being an enlightened species, is expected to act as a trustee of the Earth.
- Ashok Kumar Raghav vs Union of India and Ors., the Supreme Court asked the central government and the petitioner to suggest a way forward so as to enable the Court to pass directions on the carrying capacity of the Himalayan States and towns.
- In the case of the Great Indian Bustard, the Court has recognised the right of the people of this country to be free from the adverse impacts of climate change. Unfortunately the Court’s verdict in the Great Indian Bustard case is being interpreted in a very narrow sense — as if the Court has given a clean chit to all renewable energy projects over and above the concerns for biodiversity or any other right that might get compromised.
The Court has detailed how the fundamental rights in Articles 14 and 21 intersect with human rights, such as the right to development and adapting to climate change. It emphasized that a clean, stable environment is essential for fully realizing the right to life. The Court stated that the inability of underserved communities to adapt to climate change violates their rights to life and equality. These rights should be understood in light of the Court's decisions, state commitments, and scientific consensus.
Development and disaster resilience:
As a lower-middle-income country with a large young population, India's rapid development is inevitable. However, the link between disasters and unregulated development is increasingly evident. Disaster management must be integrated into development planning for prevention and resilience. Unchecked development often leads to unnatural disasters from natural hazards.
Development plans, policies, and laws contribute to these issues, necessitating coordinated planning that includes disaster and climate resilience considerations.
Development and disaster resilience must go hand in hand, with science, policy, and action aligned in an integrated approach involving all stakeholders.
Given Supreme Court judgments and the right to be free from climate change impacts, a sustainable development model in line with the Indian Himalayan Region's (IHR) carrying capacity is now a fundamental right.