Whalesbook
Supreme Court Mandates Sweeping Conservation for Endangered Birds
The Supreme Court of India has issued a comprehensive set of conservation directives aimed at protecting the critically endangered Great Indian Bustard and the Lesser Florican. These rulings address the immediate threat posed by power infrastructure and habitat loss to these species, which are teetering on the brink of extinction.
A Bench comprising Justices PS Narasimha and AS Chandurkar accepted the recommendations from an expert committee, ordering the implementation of key measures within a two-year timeframe. The Court emphasized the delicate balance required between environmental protection and India's vital renewable energy transition, stating that neither objective should be sacrificed for the other.
Key Conservation Measures Implemented
The landmark directives include the undergrounding of approximately 80 kilometers of critical 33 kV power lines in Rajasthan and 79 kilometers of similar lines in Gujarat. Furthermore, several 66 kV power lines will be rerouted. A significant stipulation is the complete ban on new wind turbines or solar parks exceeding 2 MW capacity within the revised priority areas identified for conservation.
These orders stem from petitions filed in 2019 highlighting the severe decline of the Great Indian Bustard, known locally as 'Godawan'. Once prevalent across India, fewer than 250 individuals now survive in small pockets of Rajasthan and Gujarat. The petitioners sought urgent measures such as installing bird diverters and restricting new transmission lines.
Evolving Court Stance and Expert Input
Initially, in April 2021, the Supreme Court had imposed broad restrictions on overhead transmission lines across a vast area of Rajasthan and Gujarat, mandating undergrounding of high-voltage lines. However, the Union government later sought modifications, citing potential cripples to the renewable energy sector and technical feasibility issues.
Revisiting the matter in March 2024, the Court acknowledged the imperative of species protection while also considering climate goals and energy security. This led to the formation of an expert committee composed of wildlife scientists, conservationists, and government representatives. The committee conducted extensive field visits and submitted reports in September and November 2024, identifying revised 'priority areas' totaling 14,013 square kilometers in Rajasthan and 740 square kilometers in Gujarat.
Corporate Responsibility and Community Role
Beyond infrastructure changes, the Court also directed the undergrounding of an additional 250 kilometers of high-risk power lines identified by the Wildlife Institute of India. The creation of 'power corridors' outside critical habitats was also approved to consolidate future lines and reduce bird mortality.
The Court acknowledged the traditional role of local communities, particularly the Bishnois of Rajasthan, in the conservation of the 'Godawan', recognizing their eco-centric philosophy as a model of human-nature harmony. Corporations were reminded of their statutory social responsibility, with the Court observing that environmental protection must be integrated into their Corporate Social Responsibility (CSR) obligations, aligning with constitutional duties.
Future Outlook and Implementation
The Union Environment Ministry has been tasked with overseeing the implementation of these recommendations within two years, ensuring coordination between state agencies and power authorities. This ruling marks a significant step in attempting to harmonize India's ambitious renewable energy targets with the urgent need to preserve its unique biodiversity.
Impact
This ruling could significantly impact the renewable energy sector by increasing project costs and potentially delaying timelines due to infrastructure modifications. Companies involved in power transmission and renewable energy project development in Rajasthan and Gujarat will face direct compliance challenges. The emphasis on corporate environmental responsibility may also set new precedents for environmental stewardship across industries. The ruling represents a crucial step in balancing development with conservation.
Impact Rating: 7/10
Difficult Terms Explained
- Great Indian Bustard: A large bird species native to India, now critically endangered due to habitat loss and collisions with infrastructure.
- Lesser Florican: Another critically endangered bustard species found in India, facing similar threats.
- Critically Endangered: A conservation status given to species that are at extreme risk of extinction in the wild.
- Power Infrastructure: The systems and facilities required for the generation, transmission, and distribution of electricity, such as power lines, substations, and power plants.
- Renewable Energy Transition: The global shift from fossil fuels to renewable energy sources like solar, wind, and hydro power.
- Undergrounding: Burying power lines beneath the ground, typically done to improve reliability, aesthetics, and safety, and in this case, to prevent bird collisions.
- 33 kV and 66 kV: These refer to the voltage levels of electricity transmission lines (kilovolts).
- MW (Megawatt): A unit of power, equivalent to one million watts. Used here to define the capacity limit for new renewable energy projects.
- Corporate Social Responsibility (CSR): A business model that helps a company be socially accountable to itself, its stakeholders, and the public.
- Statutory Social Responsibility: Legal obligations imposed on companies regarding their social and environmental impact, often mandated by government laws.
- Bishnois: A religious community in Rajasthan known for its strong adherence to nature conservation and environmental protection.
- Eco-centric philosophy: A belief system that views nature as central and intrinsically valuable, prioritizing ecological well-being.