SC Judge: Imported Environmental Principles May Not Save Endangered Species

Context

• Supreme Court Judge Justice P.S. Narasimha observed that several environmental law principles imported from the West—such as inter-generational equity—are anthropocentric and may not help protect endangered species like the Great Indian Bustard (GIB) and Lesser Florican.
  • Remarks were made during a hearing on a petition seeking conservation of the GIB, which is now bred in captivity with only 150 individuals left worldwide.

Key Highlights

1. Concern Over Imported Environmental Principles

• Justice Narasimha said concepts like inter-generational equity place humans at the top of the ecological hierarchy.
  • He emphasised that such ideas may not effectively protect non-human species, especially those on the brink of extinction.

2. Immediate Case: Great Indian Bustard

• Petition filed by conservationist M.K. Ranjitsinh to save GIB and Lesser Florican.
  • GIB is among India’s most critically endangered birds — only 150 left globally, being bred in captivity in Rajasthan.
  • Extinction would threaten the entire ecosystem associated with grasslands.

3. Intrinsic Value vs Instrumental Value

• Justice Narasimha highlighted that the law must recognise the “intrinsic value” of species — value independent of human benefits.
  • Referring to a 2013 amicus curiae note in the Supreme Court, he stressed protecting endangered species for their own sake.
  • Criticised principles that treat nature as human-centric, prioritising resource allocation for people over species survival.

4. Need for Indigenous Approaches

• Stated that India must rely more on home-grown environmental ethics, rooted in ancient Indian traditions where humans are part of, not above, nature.
  • Ideas such as “obliging every citizen to conserve ecology and protect all living creatures” were cited as more aligned with India’s biodiversity realities.

5. Legal Background

• Court was considering how best to address wind-energy infrastructure, power lines, and habitat disturbance endangering GIB.
  • India had earlier sought modifications of an order mandating undergrounding of power lines in GIB habitats.

Relevant Prelims Points

1. Great Indian Bustard (GIB)

• Critically Endangered – IUCN Red List.
  • Habitat: Arid grasslands of Rajasthan & Gujarat.
  • Threats:

• Collision with overhead power lines
• Habitat loss (agriculture, mining)
• Predation
• Low breeding success
  • Protected under Schedule I of Wildlife Protection Act, 1972.

2. Lesser Florican

• Endemic to Indian grasslands.
  • Also Critically Endangered; population ~264 individuals.

3. Indian Environmental Jurisprudence

• Article 48A – State must protect the environment.
  • Article 51A(g) – Citizen duty to protect natural environment & compassion for all living creatures.
  • Wildlife Protection Act 1972, EPA 1986, Forest Conservation Act 1980.