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The Green Dilemma: Can We Save The Climate Without Killing The Environment?




Bhairavi, LL.M., NLU Delhi


ABSTRACT


Are we stifling the very biodiversity we are trying to rescue in the fight against climate change? This article explores the legal conundrum of M.K. Ranjitsinh v. Union of India, where India's aspirations for solar energy are inextricably linked to the survival of the Great Indian Bustard (GIB), a critically endangered species. This paper asserts that a fundamental transition from binary conservationism to a nuanced balance of rights is demonstrated by the Supreme Court's historic declaration of a "Right against Climate Change." This demonstrates how the judiciary is updating the guidelines for sustainable development for the twenty-first century by examining the shift from the Court's original "blanket ban" on power lines to a practical "priority area" approach.


Keywords: Great Indian Bustard, Right against Climate Change, Green vs. Green Conflict, Renewable Energy Sustainable development.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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