SC judge: imported ideas may not save endangered species
Supreme Court judge Justice P.S. Narasimha on Tuesday said many environmental law principles imported from the West such as “inter-generational equity” are anthropocentric and would hardly be of any assistance in protecting an endangered species from extinction.Justice Narasimha made these oral observations while hearing a petition filed by M.K. Ranjitsinh on the conservation of the dying species of the Great Indian Bustard, which is being bred in captivity, and the Lesser Florican.
Senior advocate Shyam Divan, appearing for the petitioner, said there were 70 bustards in captivity and 150 in the wild. Lesser Floricans number 70.
“That is all… Captive breeding may be successful with the Great Indian Bustard, but it is not showing success with the Lesser Florican. Extinction is not an option for these two species,” he said.
‘Biblical roots’
Justice Narasimha said principles such as inter-generational equity had “Biblical” roots, with humans at the top.
The judge referred to how, 13 years ago, a amicus curiae in the red sanders conservation case, had urged the Supreme Court to consider the “intrinsic worth” of an endangered species rather than its “instrumental value to human beings”.
He criticised principles such as inter-generational equity which “pre-supposes the higher needs of human beings and lays down that exploitation of natural resources must be equitably distributed between the present and future generation”. The judge said the court, in its judgment in the red sanders case, had accepted his submissions on the need to take an ecocentric approach, which “obliges every citizen to have compassion for all living creatures”, in biodiversity law.
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