9 August 2024 : The Hindu Editorial Analysis
1. A moment for just transition litigation to take wing
(Source – The Hindu, International Edition – Page No. – 8)
| Topic: GS2 – Indian Polity – Judiciary |
| Context |
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Recognition of Climate Change as a Human Right
- 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.
- The decision has sparked a mix of reactions, with some viewing it as a victory for climate action and others criticizing it for not adequately protecting endangered biodiversity.
- The core issue of the case involves the protection of the Great Indian Bustard from solar and wind energy projects, with suggestions to frame the issue using the concept of “just transition.”
Understanding Just Transition
- Just transition aims to ensure that climate mitigation efforts are inclusive and fair, distributing the burdens and benefits of decarbonization equitably.
- Originating in the 1970s, the concept initially protected workers affected by environmental regulations and was later adopted by the international trade union movement for climate change debates.
- The Paris Agreement of 2015 included just transition, expanding its focus to include workers and vulnerable groups like indigenous communities, women, children, and minorities.
- Notably, despite its vulnerability to climate change, the non-human environment has not yet been recognized within the concept of just transition.
Advantages of a Just Transition Framing
- Facilitating Equitable and Inclusive Climate Action
- The court has previously juxtaposed decarbonization and biodiversity protection, framing them as adversarial choices.
- A just transition approach would prevent inequitable and exclusionary climate action, protecting affected communities and entities while promoting decarbonization.
- This approach would support the feasibility of underground power transmission lines, integrating the protection of the Great Indian Bustard with decarbonization efforts.
- Expanding the Concept to Include the Non-Human Environment
- The case presents an opportunity for the court to expand just transition by introducing the non-human environment as an affected entity.
- The court’s eco-centric jurisprudence, including recognizing the rights of sentient animals, can be drawn upon to develop this expanded concept.
- Recognizing the non-human environment in just transition would align with the court’s past decisions acknowledging the constitutional rights of ecosystems.
- Bolstering Research on Just Transition Litigation
- The concept of just transition is understudied and under-researched in climate law and litigation.
- The present case could catalyse research on just transition litigation in India, facilitating the identification and classification of relevant cases.
- The Sabin Center for Climate Change Law’s Global Climate Litigation Database currently lacks recognition of such cases, highlighting the need for further research and mapping.
A Beacon for the Future
- As countries move towards net-zero goals, just transition litigation is expected to increase.
- In India, Land Conflict Watch reports 20 ongoing disputes related to renewable energy projects, with equitable sharing of burdens and benefits central to these disputes.
- Introducing just transition now could pave the way for equitable climate action through law and litigation, setting a precedent for future cases.
Conclusion
- The Supreme Court’s decision in M.K. Ranjitsinh and Others vs. Union of India highlights the need for integrating the concept of just transition into climate litigation.
- By framing the core issue using just transition, the court can ensure equitable and inclusive climate action that considers both human and non-human entities.
- This approach not only strengthens climate action efforts but also enriches research and understanding of just transition litigation, making it a critical tool for achieving fair and sustainable climate solutions.
| PYQ: Discuss global warming and menSon its effects on the global climate. Explain the control measures to bring down the level of greenhouse gases which cause global warming, in the light of the Kyoto Protocol, 1997. (250 Words /15 marks)(UPSC CSE (M) GS-3 2022) |
| Practice Question: Discuss the significance of the Supreme Court’s recognition of a human right against climate change. How can the concept of “just transition” be applied to balance climate action with biodiversity protection in India? (250 Words /15 marks) |
2. Change in Bangladesh, the challenges for India
(Source – The Hindu, International Edition – Page No. – 8)
| Topic: GS2 – International Relations |
| Context |
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Political Changes in Bangladesh:
- The mutiny by the Bangladesh Rifles in February 2009 was a significant early crisis for Prime Minister Sheikh Hasina’s government, leading to 74 deaths and widespread unrest.
- 2024 Election Crisis: The 2024 elections in Bangladesh were marred by an opposition boycott, diminishing democratic space, and human rights issues, leading to widespread discontent.
- Economic and Social Challenges: Bangladesh faced a severe economic downturn, with high youth unemployment, eroding the support base for the government.
- Student Protests: The Anti-Discrimination Student Movement led to protests that were met with heavy-handed responses, further fueling unrest.
- Army Intervention: The Bangladesh Army, under General Waker-uz-Zaman, intervened to restore order, reflecting a shift towards supporting public sentiment over political allegiance.
- Interim Government: Nobel laureate Muhammad Yunus was chosen to head the interim government, signifying a departure from typical coup-installed technocrats and indicating a focus on democratic values and rule of law.
Potential Implications for India:
Political and Security Concerns
- Regional Stability: The political instability in Bangladesh poses a threat to regional security, with potential spill-over effects across borders, including an increase in cross-border migration and potential security threats.
- Radical Elements: The resurgence of the Bangladesh Jamaat-e-Islami and other radical elements could foster anti-India sentiments, leading to increased militancy and terrorism risks along the India-Bangladesh border.
Economic and Developmental Aspects
- Economic Partnerships: Bangladesh’s economic downturn could impact bilateral trade and economic partnerships, affecting Indian businesses and investments in Bangladesh.
- Development Projects: Ongoing development projects in Bangladesh, supported by India, could face disruptions due to political instability, impacting India’s strategic interests in the region.
Diplomatic Relations
- Diplomatic Balancing: India must navigate its relationship with Bangladesh’s interim government carefully, balancing support for democratic processes with its strategic interests.
- Public Opinion: India’s stance on Bangladesh’s internal matters could influence public opinion, affecting bilateral relations and India’s influence in Bangladesh.
Social and Cultural Links
- Cultural and People-to-People Ties: The unrest could affect cultural exchanges and people-to-people connections, which are vital for maintaining strong bilateral ties between India and Bangladesh.
- Impact on Minorities: Violence against minorities, particularly the Hindu community in Bangladesh, poses a concern for India, potentially affecting its domestic and foreign policy considerations.
Way Forward for India
Strategic Engagement
- Support Democratic Processes: India should support democratic processes in Bangladesh, working with international partners to encourage a peaceful transition and inclusive governance.
- Engage with Interim Leadership: Building a constructive relationship with Muhammad Yunus and the interim government can help stabilise the situation and ensure India’s interests are safeguarded.
Strengthening Economic Ties
- Enhance Economic Cooperation: India should explore opportunities to strengthen economic cooperation with Bangladesh, supporting economic recovery and development initiatives.
- Continue Development Projects: Ongoing development projects should be maintained and expanded to foster goodwill and mutual benefits.
Security and Stability
- Enhance Security Cooperation: Strengthening security cooperation with Bangladesh is crucial to address shared security challenges, including counter-terrorism and border management.
- Monitor Radical Elements: India should remain vigilant about the activities of radical elements in Bangladesh and collaborate with the interim government to counter potential threats.
Cultural and Social Engagement
- Promote People-to-People Ties: Continued efforts to promote cultural and people-to-people ties can help maintain strong bilateral relations and mutual understanding.
- Advocate for Minority Rights: India should advocate for the protection of minority rights in Bangladesh, engaging diplomatically to ensure their safety and well-being.
| PYQ: The protests in Shahbag Square in Dhaka in Bangladesh reveal a fundamental split in society between the nationalists and Islamic forces. What is its significance for India? (200 words/10m) (UPSC CSE (M) GS-2 2013) |
| Practice Question: Examine the recent political upheaval in Bangladesh. Discuss the potential implications of this instability for regional security and India’s strategic interests. How should India navigate its diplomatic and economic relations with Bangladesh in this context? (250 Words /15 marks) |
