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138. Human-Rights-Based Energy-Transition Policies

Introduction

Human-rights-based energy-transition policies approach the shift from fossil fuels to renewable and low-carbon energy through the principles of human dignity, equality, participation, accountability and access to essential services. Energy transition can produce significant environmental benefits, but it may also affect workers, low-income households, indigenous communities and regions dependent on coal and other conventional energy industries. A rights-based approach therefore seeks to ensure that decarbonisation does not create disproportionate social burdens.

Constitutional Framework

In India, Article 14 guarantees equality before law and protection against arbitrary State action. Article 21 protects life and personal liberty and has been interpreted to include the right to live with dignity and a healthy environment. Article 19(1)(g) protects the freedom to carry on trade or business, subject to reasonable restrictions.

Environmental responsibilities are also reflected in Article 48A, which directs the State to protect and improve the environment, and Article 51A(g), which imposes a fundamental duty to protect the natural environment.

Energy-transition policies should therefore consider both climate protection and social consequences. Policies involving closure of coal mines, renewable-energy development, electricity-price reforms or land acquisition should incorporate appropriate safeguards for affected communities and workers.

Energy Access and Affordability

A rights-based transition requires continued access to reliable and affordable energy. Low-income households may be disproportionately affected by rising energy costs. Government policies may therefore use targeted subsidies, social-protection measures and improved energy efficiency to protect vulnerable consumers while maintaining the long-term sustainability of the electricity sector.

Workers and Just Transition

Coal-mining and thermal-power regions may experience employment losses and economic restructuring during decarbonisation. A just transition may require retraining, alternative employment, regional investment and social-security measures. These policies help reconcile climate objectives with livelihood and equality concerns.

Community Participation

Renewable-energy and transmission projects can require significant land and natural resources. Meaningful consultation, environmental assessment and appropriate rehabilitation measures are important where projects affect local or indigenous communities.

Important Case Laws

In Vellore Citizens' Welfare Forum v. Union of India (1996), the Supreme Court recognized sustainable development, the precautionary principle and the polluter-pays principle as important principles of Indian environmental law. The decision establishes that environmental protection must be integrated with economic development.

In Orissa Mining Corporation v. Ministry of Environment & Forests (2013), the Supreme Court recognized the important role of Gram Sabhas in determining the religious and cultural rights of tribal communities affected by mining activities. The case demonstrates the importance of participation and community rights in natural-resource decisions.

In Samatha v. State of Andhra Pradesh (1997), the Supreme Court considered the protection of tribal land in Scheduled Areas in the context of mining and development. The decision highlights the importance of constitutional safeguards for vulnerable communities affected by resource projects.

In M.K. Ranjitsinh v. Union of India (2024), the Supreme Court recognized a constitutional right against the adverse effects of climate change, connecting climate protection with Articles 14 and 21. The judgment is significant for understanding climate change as an issue involving fundamental rights.

International Dimension

In Verein KlimaSeniorinnen Schweiz v. Switzerland (2024), the European Court of Human Rights examined State obligations concerning climate change and human-rights protection. The judgment demonstrates the increasing connection between climate policy and human-rights obligations.

Conclusion

Human-rights-based energy-transition policies seek to combine climate protection, energy access, equality, livelihood protection, community participation and environmental sustainability. The transition should not merely reduce carbon emissions but should also address the social and economic consequences of structural change. Indian constitutional and environmental jurisprudence increasingly recognizes the connection between climate protection and fundamental rights. A rights-based energy transition therefore requires transparent decision-making, protection of vulnerable groups, affordable energy, worker support and meaningful participation of affected communities.