Green vs green: The Great Indian Bustard’s continued struggle for survival

Twenty-eight-year-old Radhe Shyam Bishnoi, a local wildlife conservationist, swiftly grabs his camera, scanning the vast expanse of open land. As he looks up, eyes tracing the horizon, there isn’t a soul in sight--only an endless sea of green grass stretching as far as the eyes can see.

This is Bhadariya Oran, a sacred grove spreading across 125,000 bighas (roughly 20,000 acres) of land–equivalent to one-fifth the area of Mumbai. It is located about 60 km away from Degrai Oran, which is spread in 60,000 bighas (roughly 37,000 acres). These Orans are one of the last natural habitats of Rajasthan’s state bird, the Great Indian Bustard, or GIB).

“You’ll be lucky if we spot a GIB today,” says Bishnoi as he halts the jeep and quickly climbs onto its roof, scanning the horizon with his camera.

Several threats like chasing by feral dogs loom over the GIB’s survival, but none seem as immediate and severe as the high-tension power lines criss-crossing their habitat, locals say. Large swathes of land, especially in Rajasthan and Gujarat, are being used to harness solar and wind power, critical for India’s renewables goals.

In April, the Supreme Court constituted an expert committee to identify suitable options in the context of sustainable development in the matter of laying power lines in the future. In the same order, the Court recognised the right of the people against the adverse effects of climate change as a fundamental right. In this context, we examine the current state of conservation efforts of the endangered bird.

Conflicting priorities

Historically, widespread hunting for sport and food precipitated the GIB’s decline, accelerated by vehicular access to remote areas, as IndiaSpend reported in May 2023. But today, the continued decline in the GIB population has been triggered by loss and degradation of grasslands which are their habitat.

This decline is because of widespread agricultural expansion and mechanisation of farming, infrastructural development such as irrigation, roads, electricity towers, wind turbines and construction, mining and industrialisation, improper habitat management and lack of community support for conservation efforts, notes an IUCN assessment which categorises the Bustard as ‘critically endangered’.

The open land of the Degrai Oran, bathed in sunlight and swept by strong winds, has become a hub for renewable energy, with windmills and solar panels now dotting the once pristine skylines.

For centuries, the trees in Degrai Oran, which spans 60,000 bighas (37,200 acres), have remained untouched by the locals. But India’s power generation mix is increasingly shifting towards renewable energy, such as wind and solar – both of which need large areas of land.

India's commitment to international climate agreements, including the 2015 Paris Agreement under the United Nations Framework Convention on Climate Change, has accelerated its transition toward non-fossil fuel energy sources and emissions reduction.

The Economic Survey 2023-24 says that the renewable energy sector in India will attract investments of approximately Rs 30.5 lakh crore between 2024 and 2030. Rajasthan and Gujarat are expected to lead this transition, contributing considerably to India's renewable energy generation. Rajasthan leads with 29.98 GW of installed capacity, leveraging its vast land and ample sunlight, while Gujarat follows with 29.52 GW, driven by significant solar and wind energy initiatives.

The rapid expansion of renewable energy projects has alarmed locals, who fear that the sacred groves – integral to both the ecosystem and their cultural identity – are being destroyed.

In June 2019, environmentalist MK Ranjitsinh who is known to be the architect of India’s Wildlife Protection Act 1972, filed a public interest petition before the Supreme Court, claiming that the existential threat to the GIB was attributable to its frequent collisions with overhead power lines, constructed as part of large-scale private and public renewable energy infrastructure projects.

The Supreme Court in April 2024, as we said, constituted a new expert committee to identify suitable options in the context of sustainable development in the matter of laying power lines in the future.

It also held that people have a fundamental right to be free from the adverse effects of climate change. “Despite a plethora of decisions on the right to a clean environment, some decisions which recognise climate change as a serious threat, and national policies which seek to combat climate change, it is yet to be articulated that the people have a right against the adverse effects of climate change,” the judgement says.

“As the havoc caused by climate change increases year by year, it becomes necessary to articulate this as a distinct right. It is recognised by Articles 14 and 21,” it explains.

The last standing bustards

The GIB, standing over a metre tall with a wingspan of 2 metres, relies on the grasslands for survival. Gajanan D Muratkar, a botany professor also known as the 'Grass Man of India' for his work in habitat and meadow development, explains that the Great Indian Bustard thrives in arid and semi-arid grasslands with some scrubby vegetation.

According to Muratkar, these grasslands must have specific characteristics such as insect-attracting grasses. These insects are essential to the bird's diet.

"Grasses like Sporobolus indicus and Eragrostis viscosa attract insects through their nectar, which serve as a primary food source for the GIB," he says. "During the breeding season, these taller grasses provide both food and protection, as their structure helps attract insects, making them a vital part of the habitat.

We study the phenology of grasses, which involves understanding their life stages – flowering, fruiting, seed formation, and germination.” He notes that between May 25 and June 10, the heat of the soil causes seed covers to burst, facilitating germination after the first pre-monsoon showers. This timing is crucial for grass growth, which in turn supports the ecological needs of the Great Indian Bustard.

Muratkar further elaborates on the types of grasslands needed by the GIB, stating, “These birds primarily require intermediate grasslands with grasses standing about 1 to 2 feet tall.” He highlights that these grasslands can thrive in various soil types, including red, white, and loamy soils, and that soil texture – whether sandy, silty, loamy, or clay – plays a significant role in their suitability for the GIB.

“The entire ecosystem, including the presence and composition of these grasses, is directly linked to the distribution, movement, and survival of the GIB,” says Muratkar. “Habitat destruction, mainly due to thermal power plants, has affected the GIB population in India,” he adds.

In March 2018, a count revealed only 150 GIBs are left in India, with 128 in Rajasthan alone. The remaining few were spotted in Gujarat, Maharashtra, and Karnataka.

The Wildlife Institute of India (WII), in its report ‘Power Line Mitigation, 2018’, explains that the Great Indian Bustard’s vision is adapted for detecting predators, with a wide sideways range but limited frontal vision. This, combined with their habit of scanning the ground while flying, makes it difficult for them to spot power lines ahead from a distance.

Being heavy birds – about 15-18 kg – they struggle to quickly change direction or avoid obstacles once they are close. These factors make them particularly prone to collisions with power lines, often leading to fatal impacts, injuries, or electrocution, the WII report notes.

“During our patrolling and monitoring, it came to our notice that around 80% GIB mortalities have been due to collision with high-tension wires,” says Bishnoi, who is also a member of Godawan Community Conservation Project, a community-driven initiative in the region.

Bishnoi, who has spent years tracking wildlife in these Orans, grins as he jokes, “It’s all luck! Sometimes I spot five GIBs in one day, and other times, like today, when I have your company, they seem to vanish.”

Suddenly, he grabs his camera again, his sixth attempt of the day. “I think I see one!” He snaps a flurry of photos and shouts, “Dikh gaya! GIB dikh gaya! [Saw it! Saw the GIB!]” Bishnoi quickly drives the jeep closer, capturing images of three GIBs standing just 100 metres away.

Bishnoi’s passion for wildlife began at 18, after enrolling in a three-month first-aid training programme at the Jodhpur Rescue Center. “They talked about GIB conservation in the workshops. When they learned I’m from Pokhran, a region with a significant GIB population, they encouraged me to get involved in conservation.”

Contested claims

Kamlesh Kumar Bishnoi, assistant forester in Jaisalmer’s Pokhran area, says, “We found birds lying dead, many such accidents have occurred since the time these high-tension wires have been laid.”

These claims are contested by renewable energy companies. They have contended in the above petition that “the high voltage lines do not cause GIB deaths due to electrocution but cause death due to collision”.

As a result, in 2021, the Supreme Court imposed restrictions on setting up new overhead transmission lines in the demarcated areas and directed the Indian government to install bird diverters of an adequate standard, aimed at preventing GIB collisions.

Since then, renewable energy companies have been installing bird diverters. As of December 2020, the Wildlife Conservation Society-India alone had installed 1,848 "Fire Fly" bird diverters in Jaisalmer district. The Wildlife Conservation Society India, along with the Ministry of Environment Forest and Climate Change and renewables companies like Adani Green energy and Suzlon have installed bird diverters in the Jaisalmer region.

“Around 60-70 percent of the transmission lines in Jaisalmer have been equipped with bird diverters,” Ashish Vyas, Deputy Conservator of Forest in Jaisalmer, told IndiaSpend. “However, we currently lack data to determine the impact these diverters have had on the GIB conservation efforts.”

Vyas also notes that the seven-member committee established by the Supreme Court in its April 2024 ruling recently surveyed the area and has tasked the WII with assessing the effectiveness of the bird diverters. “However, there has been no official order issued yet,” he explains.

“It will only be after WII submits its survey report that we will have a clear understanding of how effective the bird diverters have been in this region,” Vyas adds.

The union government’s submission in the petition reads that the reduction in the population of GIBs began in the 1960s, much before the electrification of the area and the construction of transmission lines. Cited in the judgement, it says, “Research indicates that the reasons for the dwindling population include a low birth rate, poaching, habitat destruction and predation. The use of insecticides and pesticides has resulted in the reduction of locusts and grasshoppers, which form an essential part of the prey of GIBs.”

Aditya K Singh, a senior lawyer at Dentons Link Legal, New Delhi, who has represented several renewable energy companies in Indian courts, says, “While bird fatalities may be occurring, there is no scientific evidence that conclusively proves that the majority of these deaths are solely due to transmission lines.

There are multiple factors at play, and we need comprehensive studies to identify all the reasons behind these fatalities," he adds.

In the April 2024 order, the SC – as we said – constituted an expert committee to undertake a variety of activities, including the assessment of the feasibility of constructing overhead and underground electric lines and the identification of measures for the protection and long-term survival of the GIB.

How does the judgement help GIB conservation efforts?

The April 2024 judgement was held as a remarkable development for the evolution of constitutional climate litigation in India and across the world. Ritwick Dutta, lawyer and founder of Legal Initiative for Forest & Environment, highlights a significant shift in India's legal landscape following the recent ruling.

"Until now, environmental issues have been primarily addressed under Article 21 of the Indian Constitution, which includes the right to life and has been interpreted to cover the right to clean air, water, and a balanced ecosystem," Dutta explains. However, the recent judgement extends this protection by linking Article 21 with Article 14, which guarantees the right to equality.

“This ruling goes beyond just recognising environmental rights under the right to life,” he adds. "It now incorporates the right to be free from the adverse impacts of climate change as a matter of equality."

Dutta also points out that this ruling holds particular significance in the global context. “Despite South Asia, and specifically India, being highly vulnerable to climate change, climate litigation in the region accounts for only 8% of global cases,” he notes.

This recognition of climate change within India's legal framework, according to Dutta, marks a critical development in environmental jurisprudence, addressing an urgent need in a region that will bear a significant share of climate burdens.

Dutta points out the gap between recognising rights and enforcing them in India’s legal system. "The Supreme Court has made strong statements on rights in landmark cases, but enforcement has often been inconsistent," Dutta explains, citing the case of Olga Tellis, where the right to livelihood was recognised but allowed to be deprived by authorities if done legally.

"The true test of this ruling will come when cases challenge the state or private entities, and it remains to be seen if it will lead to a meaningful shift in addressing environmental issues," he adds.

“What's concerning is that the judgement seems to adopt the government’s viewpoint, reflecting it as part of the court's ruling, without sufficient independent scrutiny,” says Dutta. “The ruling also uses climate commitments as a rationale to dilute existing protections for critically endangered species like the GIB.”

In its April 2024 order, the Supreme Court eased the 2021 mandate requiring transmission lines to be placed underground in potential GIB areas. The court also relaxed restrictions on the installation of transmission lines previously imposed by the 2021 judgement.

Residents say that increasing portions of sacred grove land are being taken over by large companies due to inaccuracies in the revenue records.

Locals remained unaware of the Oran's misclassification until 1999, when solar companies began cutting down trees, affecting 36,000 bighas (9,116 hectares) of sacred grove land near the Degrai Mata Mandir in Jaisalmer for the first time.

In 2018, the Supreme Court ruled that Orans, recognised as open natural ecosystems, should be designated as deemed forests. The Rajasthan government notified its sacred groves, known as Orans, as “deemed forest”, on February 1, 2024.

However, deemed forest status doesn’t mean protection, as IndiaSpend reported in April 2024.

Girdhari Ram, a local resident and cattle rearer in the Pokhran region says, “More and more of Oran land is going to the big companies, where will our animals graze?”

"Whenever the committee comes for a survey, they ask for our concerns," says Radhe Shyam Bishnoi, "but we only get to speak once, and we can't question them further." He adds, "I can tell you the exact dates when Great Indian Bustards have died from collisions with transmission lines, even with bird diverters in place."

Bishnoi points out the contradiction in the government’s actions. "On one hand, they’re running the Bustard conservation programme, breeding them in captivity and taking measures to protect them. Yet, at the same time, new transmission lines keep coming up rapidly," he says.

The balancing act: ‘Green vs green’

The judgement in this case raises important concerns about the balance between biodiversity conservation and climate change commitments. The ruling highlights a complex conflict that Dutta describes as a classic ‘Green Vs. Green’ case, where the need to address climate change--through measures like transitioning to renewable energy--clashes with efforts to protect biodiversity, particularly the critically endangered GIB.

The Great Indian Bustard is protected under several key legislations and international agreements, including the Wildlife Protection Act, the Convention on Migratory Species, and the Convention on Biological Diversity, to which India is a signatory.

“So, how do you balance your commitments to the Paris Agreement with those under the Convention on Biological Diversity?” asks Dutta. He points out that although the judgement boosts India's climate goals, it undermines biodiversity conservation by loosening protections for endangered species.

As the judgement sparked a debate, many believe that biodiversity conservation has been sidelined in favour of meeting non-legally binding climate change commitments.

Singh, the lawyer in Delhi, however disagrees that the judgement deviates from the core issue. He says, “Previous judgments may have relied heavily on one side of the argument without consulting all stakeholders, leading to a lack of comprehensive solutions.”

“However, this ruling acknowledges the importance of protecting endangered species while also questioning whether banning new plants is the only solution,” Singh says.

According to Dutta, the key flaw in the recent judgement is its assumption that transitioning to renewable energy will solve most climate change issues. "The real problem lies in consumption, not just the energy source," he explains.

Dutta points out that solar facilities in Rajasthan, for example, cover 56 sq km to produce about 1,400 megawatts of electricity, yet there is no legal requirement for Environmental Impact Assessments for such projects.

"This prioritisation of renewable energy often comes at the cost of ecological and social considerations," Dutta emphasises.

Climate justice for whom? Scope for individual action

“Climate justice doesn’t make a distinction between humans and non-humans,” Dutta says. He explains that when we discuss climate issues, a variety of stakeholders can represent the interests of animals and plants in court, advocating for their protection.

For instance, he says, fishing communities might approach the court to highlight how rising temperatures are diminishing fish yields or how increasing cyclone intensity affects their livelihoods. They could demand better protection and insurance coverage against climate-related threats like heat waves.

“At every level – workers, farmers, tribals, and fishermen – there must be action taken in response to climate change,” explains Dutta.

However, according to him, a significant challenge arises with the legal framework. For example, the National Green Tribunal stipulates that there must be a specific violation of a statute under the National Green Tribunal Act 2010 to qualify as a violation. Many climate-related issues, such as low productivity due to heat, don’t qualify as violations under the existing laws.

“This means that for people to seek relief, courts will have to rely on Articles 14 and 21 of the Constitution, as interpreted by the Supreme Court in this judgement,” says Dutta. “However, this process is not straightforward, as the recent judgement has not provided a clear roadmap for how these rights can be exercised,” he adds.

“I find there is a considerable gap in this area. Even now, several months after the judgement, there has been little progress in judicial interpretation regarding these issues,” Dutta tells IndiaSpend.

Reflecting the frustration felt by locals around the GIB habitat area, Radhe Shyam Bishnoi asks, "The livelihoods of local cattle rearers are at stake. How is this not a violation of their rights?

Moreover, we are not getting anything out of these big energy projects. Our villages still get electricity only for 6-7 hours a day. Despite giving up our land for electricity generation, why do we have to live in the dark?” he asks.

This report is republished with permission from IndiaSpend, a data-driven, public-interest journalism non-profit. It has been lightly edited for style and clarity.

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