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Chinese Manjha, Bird’s Right To Fly And Indian Judiciary

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Authors: Dr. Partha Pratim Mitra and Dr. Prakash Sharma*

Recently in the backdrop of Indo-China border tension and boycott of Chinese product, a writ petitioner approached the Calcutta High Court by filing a Public Interest Litigation. The grievance was that kites were being flown with Chinese and nylon manjha which pose threat to both the pedestrians and motorcyclists particularly who used flyovers for commuting. Here, the High Court has reiterated the earlier order of the National Green Tribunal.

Chinese Manjha and Ecology

The traditional manjha is used in the entire country since ancient times. It is believed that kites and kite flying have been introduced in India by the Chinese traveller Fa Hein and Huein Tsang who had visited this country in 5thcentury BC and 7thcentury AD, respectively. The royals of Lucknow are famed for flying kites with a golden thread attached, as an incen­tive for people to cut them. With its growing popularity, manjha was industrially manufactured and is normally made of nylon, plastic and synthetic substances. In present times, it is used during festivals, across the length and breadth of the country.

In a petition filed by PETA India, the National Green Tribunal, Principal Bench, New Delhi took active step and directed all the State Governments to prohibit the manufac­ture, sale, store, purchase and use of synthetic manjha or nylon thread (known as Chinese manjha) and all other similar synthetic threads, used for kite flying and also directed to the respondents to ban import of any synthetic manjha or nylon thread in any part of the country. The Tribunal took note of the fact that thousands of birds have been frequently injured or killed by use of manjha, including rare endangered birds, like the Indian White Rumped Vulture, Great Indian Bustard, Amur Falcon,etc.

Bird’s Right to Fly in Indian Constitution

In People for Animals v. Mohazzim, the High Court of Delhi held that running the trade of birds is in violation of the rights of the birds. Expressing their anguish, the Court was worried as to why no one is caring about inflicting cruelty on birds, despite settled law that birds have a fundamental right to fly and cannot be caged and have to be set free in the sky. The horrific conditions under which birds are captured and exported illegally in foreign countries without availability of proper food, water, medical aid and other basic amenities required as per law depicts sad state of affairs.

Birds have fundamental rights including the right to live with dignity and they cannot be subjected to cruelty by anyone. Therefore, all the birds have fundamental rights to fly in the sky and all human beings have no right to keep them in small cages for the purposes of their business or otherwise. In this regard, the Gujarat High Court in Muhammadbhai Jalalbhai Serasiyav. State of Gujarat, held that to keep birds in cages would tantamount to illegal confinement of the birds which is in violation of right of the birds to live in free air and sky and directed to release illegally confined birds in the open sky.

In Narahari Jagadish Kumar v. State of Andhra Pradesh, the Andhra Pradesh High Court issued directions to State Government as well as authorities to prevent organizing cock-fights with betting during festival of sankranthi. The Court further gave stringent steps to stop such bloody and gruesome sports throughout the year. Similarly, the Madras High Court in S. Kannan v. Commissioner of Police,held that protection shall be granted to all kind of birds including poultry against cruelty of any manner. The Court observed that the birds and animals are entitled to coexist along with human beings. The Court also issued orders prohibiting cock fight and any other bird or animal fight for the sake of enjoyment of spectators.

Eco-centric Role of the Indian Courts

The present trend of Indian judiciary is to widen the scope of the Constitution and to extend right to life beyond citizens. The impetus behind such observation comes from the judgment of the Animal Welfare Board of India v.A. Nagaraja , where in the Supreme Court observed that animals have a right not to be tortured by human beings, and from being inflicted with unnecessary pain or suffering. Earlier, in Ramlila Maidan case, the Supreme Court held that the Constitution also speaks of preservation and protection of man, animals, and includes other creatures, like plants, rivers, hills etc.—all collectively forming part of the environment. In addition, the Supreme Court has also applied the eco-centric principles and rejected the earlier notion of anthropocentric approach. In T.N. Godavarman Thirumulpadv. Union of India the Court argues how humans as part of nature must also accept the intrinsic value attached with the non-humans. In Centre for Environment Law, WWF-I v. Union of India, the Courtheld that human interest does not take automatic prec­edence and humans have obligations to non-humans independently of human interest. The need of hour is restructuring of efforts at multiple levels and a desire that human-beings must collectively act to prevent destruction of environment. This would demand creation of laws, measures and policies from an eco-centric perspective.

* Prakash Sharma, Assistant Professor of Law, Vivekananda Institute of Professional Studies.

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A Healthy Environment is Now a Universal Human Right: But What Does the Recognition Mean?

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On July 28, 2022, the United Nations General Assembly (UNGA) adopted a resolution that “recognizes the right to a clean, healthy and sustainable environment as a human right” and emphasizes its connection with “other rights and existing international law”. The resolution also calls upon “states, international organizations, business enterprises and other relevant stakeholders” to “scale up efforts” to pursue this new human right.

The resolution is based on a similar text adopted in October of last year by the UN Human Rights Council (UNHRC), a group of 47 UN member states, which equally called upon states, international organizations, and business enterprises to scale up efforts to ensure a healthy environment for all. The recent UNGA resolution has been praised as a “landslide vote”, as “historic”, and as a “victory for the environment”. Yet, UNGA resolutions, even though they become part and parcel of international law, are not legally binding for any member states – a typical UN paradox.

Humanity faces a “wicked” crisis

UN Secretary-General António Guterres welcomed the UNGA decision as a milestone in the “collective fight” against what he called “the triple planetary crisis of climate change, biodiversity loss, and pollution”. However, while this statement was well-intentioned, it may not entirely reflect the true nature and extent of the “wicked” crisis humanity finds itself in just two decades into the 21st century.

Firstly, even the term “quintuple crisis” would not do justice to the perfect storm of planetary disturbances and destruction that 200 years of intense extractive capitalism and 50 years of largely unregulated economic globalization have brought to Earth and mankind. In addition to the three crises mentioned by Guterres, the oceans, freshwater resources, soils, and land cover are all under attack, and pandemics, food, and energy crises are on the rise.

Secondly, if there really was a “collective fight” against this perfect storm, we would notice it and, among other things, see a tangible decline in annual carbon emissions, biodiversity loss rates, or amounts of plastic found in the oceans. But rather, we are yet to see measurable improvement in any of the many alarming trends and trajectories of global environmental pollution and destruction – because most nations still do not fight against these trends. They do too little too late, or nothing at all, or prefer lip service and downright disinformation over real action.

The elevation of environmental health and sustainability to the international legal status of a “universal human right” by many of Earth’s worst polluters also raises the question of how well human rights are actually being respected, observed, and implemented these days and what is being done to sanction trespassers. The UN adopted the Universal Declaration of Human Rights in response to World War II and the Holocaust in 1948. The entire set of UN human rights has never been legally binding and so depended on national governments and courts at various levels to litigate and sanction human rights violations.

The exercise of universal rights is in crisis, too

In recent decades, the list of human rights has been expanded, now including the rights of children, indigenous peoples, and persons with disabilities among others. In 2010, access to clean water also became a universal human right. But does the codification of these “rights” by the UN actually guarantee real and measurable freedoms, dignity, and safety for all? Unfortunately not, as the list of obvious violations of the UN Declaration of Human Rights and the International Bill of Rights by countries that have signed and ratified these treaties is shockingly long.

Too often, individuals are detained and prosecuted for exercising free speech, free expression, or even academic freedom. Recently, the UN High Commissioner for Human Rights formally stated that China’s treatment of the Uighur minority  may constitute a “crime against humanity”. Similar statements were made after the recent coup in Myanmar. And Russia’s brutal illegal war against Ukraine is in gross violation of a whole set of human rights. Sadly, all too often despots and perpetrators are getting away with their violations and crimes despite international human rights law and its institutions.       

So, does the mere existence of a new universal human right on environmental health and sustainability mean that      all countries that voted for it in the UN, actually respect, ensure, and defend it? Likely, no. In a way, this latest resolution of the UNGA might rather be more cause for concern than relief. Too often in recent years and decades has the UN system been misused by its own members as a talk shop deluxe, a place of hollow announcements and declarations – usually after lengthy and tough negotiations – with little action or measurable progress on the promises made. For example, seven years after the adoption of the much-revered Paris Agreement, greenhouse gas emissions are still on the rise and the 2022 UN conference for the protection of the oceans ended without a decision. Governments and corporations spend huge amounts of money for PR campaigns and lobbying – only to cover up their inaction.

Global crises need a new type of action

The science is clear that the world is fast running out of time to act on climate change. There      is literally no time left for more of the same endless conference cycles, hollow statements, and watered-down compromise declarations, and symbolic “rights” that are not enforced with hard sanctions. This is the time for civil society to stand up where governments fail to act responsibly, and businesses keep profiting from extraction and pollution. We need a worldwide movement, a global alliance of “citizens of Earth” leading to a new social contract on planetary boundaries, limits to growth, and respect for nature and other species, to transform the age of extraction into a new age of renewable, sustainable stewardship. It is unclear whether the UN is still an effective venue for the much necessary action in the face of environmental crises since, despite the move to engage nine “Major Groups” in processes related to sustainable development, it remains a closed club of nation-state governments, a majority of whom are not  elected by their people. Rather, in the age of #MeToo, #BlackLivesMatter, or #FreePalestine, global social movements show that real change is possible.

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The Ravages Of Earth: Natural And Man-Made

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Italy has suffered a terrible drought, and its longest river, the Po, ran dry.  It is about 400 miles in length and flows east from the Cottian Alps.  Not in anyone’s living memory has it been that parched in the region.   

It never rains but it pours they say, and it describes Italy’s weather perfectly for when the drought finally broke, the storms were so fierce as to result in massive flooding.

Several thousand miles east, past Greece, past Turkey, Iraq, Iran and Afghanistan lies Pakistan, a nation of over 200 million, which is now also devastated by heavy rain and floods.  President Biden has called for a $2.9 billion international aid package for a country a third under water to revive itself; also for people, who lost everything when their homes and crops were washed away, to be restored to some kind of normalcy.

As often happens with flooding, water-borne diseases follow and in Pakistan they include malaria that is deadly for young children.

The ravages of the planet do not end there for in the Antarctic, a large chunk of what is sometimes referred to as the doomsday glacier, has sheared off and fallen into the sea.  One can guess the name implies a catastrophe, that is if all of it melted, it would raise sea levels enough to cause chaos on earth.

Then there are man-made ravages and foremost among them is war.  Ukraine’s President Volodymyr Zelenskyy has made another fiery speech.  Recorded earlier in Ukraine, it was replayed at the UN where the new session is underway.  He claims victories and seizure of some 5000 square miles of territory.  Despite his tendency to exaggerate, it is clear Russia has suffered a setback.  Putin has ordered a mobilization — the first since the Second World War — and has called up reserves and army retirees.  He says he needs more troops to man the now 600 mile front line.  So far he has avoided inexperienced general conscripts who are known to suffer higher casualties. 

It’s pointless to go back in detail to the early days of an independent Ukraine, of the coup organized by the U.S. against an elected president, of the famous “F— the EU” remark by Victoria Nuland, who was running the show and could not obtain EU support, and of the off-again-on-again civil war that ensued and continues.  But the result has been tens of thousands of refugees and internally displaced persons, thousands dead and no peace in sight.

What Zelenskyy has been crowing about seems pretty small potatoes in comparison.  And how Biden can talk about freedom for Ukraine is the sort of hypocrisy only politicians can muster.  Remember Boris Johnson, the British PM, flying to Ukraine to meet Zelenskyy and express the UK’s solidarity with the Ukrainian people.  Boris was in trouble back home and looking for favorable headlines.  The ploy didn’t work.  He is now out.

In a couple of months, the US will be having a midterm election.  It is not unusual for the opposition to do well in such an election, but given the razor thin majority a couple of seats lost by the Democrats could flip the senate.  That would place Biden’s aid package for Ukraine in jeopardy for the armaments have to be contracted, built and shipped.

Mr. Zelenskyy appears to be a high-wire act without a safety net.   And most unfortunately, our climate ravaged earth is not equipped with one. 

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Forests for Climate: Scaling up Forest Conservation to Reach Net Zero

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The role of forests in the global carbon cycle is fundamental. Unless tropical deforestation is halted, there can be no solution to the climate crisis.

While deforestation is responsible for nearly 15% of global CO₂ emissions, conserving existing forests offers as much as nine times more low-cost carbon abatement as planting new trees. If we do not halt deforestation by 2030 at the latest, it will not be possible to limit global warming to a 1.5°C pathway. In a new report, Forests for Climate: Scaling up Forest Conservation to Reach Net Zero, published today by the World Economic Forum, the case is made for private-sector investment in entire landscape approaches to protect forests.

“There is no tackling climate change without forests. Deforestation alone is responsible for nearly 15% of global CO₂ emissions. Conversely, nature-based solutions can provide one-third of the mitigation needed to limit global warming to 1.5°C,” says Nicole Schwab, Co-Director, Nature-based Solutions, World Economic Forum.

Reversing global deforestation is a complex challenge – but at its heart lie four simple conditions: scale, funding, integrity and inclusion. The report analyses an approach known as “jurisdictional REDD+” that channels results-based payments to forest governments and communities that avoid deforestation across entire landscapes. This approach builds on an existing UN initiative (“Reducing Emissions from Deforestation and forest Degradation” or “REDD”) but scales it up from a project basis to programmes at national or sub-national scales.

Inclusion is a critical part of this new approach. For example, almost half of the intact forests in the Amazon are in Indigenous territories – and deforestation rates in these areas are three-to-four times lower than in equivalent lands not held by Indigenous people. The inclusion of both local communities and state governments or jurisdictions enhances the integrity of the programmes and helps avoid some of the risks associated with earlier attempts to reverse deforestation.

While “jurisdictional REDD+” addresses issues of scale, integrity and inclusion, the vital missing piece is funding. Current investments in nature-based solutions amount to $133 billion per year, of which the private sector contributes just $18 billion, according to estimates published in 2021 by the UN Environment Programme. Nature-based solutions, which include forest conservation and restoration, can deliver one-third of the mitigation needed to keep the planet on a 1.5°C trajectory, but funding for these solutions needs to triple to $400 billion by 2030.

The private sector has a key role to play in preserving the world’s forests while ridding their own supply chains of deforestation. Companies can access “jurisdictional REDD+” programmes through voluntary carbon market initiatives such as the LEAF Coalition that uses the rigorous new “ART TREES” standard for monitoring, reporting and verification. In 2021, the LEAF Coalition mobilized $1 billion in financing, kicking off the largest-ever public-private effort to protect tropical forests in countries such as Costa Rica, Ecuador, Ghana, Nepal and Viet Nam. To maintain the integrity of its carbon credits, the LEAF Coalition requires participating companies to use purchased credits in addition to, and not as a substitute for, deep cuts in their own emissions and those of their suppliers.

“The urgent priority is protecting tropical forests, even above planting new trees (which is also important), because the world loses tropical forests at the rate of 10 million hectares per year – equivalent to about one Central Park every 15 minutes. We need billions of dollars of investment in climate finance to protect the world’s forests. We are working on initiatives like the LEAF Coalition and Green Gigaton Challenge as we believe jurisdictional-scale action is the way to do this,” says Eron Bloomgarden, Founder and Chief Executive Officer of Emergent, a non-profit intermediary acting between tropical forest countries and the private sector.

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