Imported ideas like ‘inter-generational equity’ are anthropocentric, may not protect endangered species: Justice Narasimha

Supreme Court judge Justice P.S. Narasimha on Tuesday (November 11, 2025) said many of the environmental law principles imported from Western countries, such as ‘inter-generational equity’, are anthropocentric and would hardly be of any assistance to protect 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,” Mr. Divan said.

‘Biblical roots’

Justice Narasimha said principles like the inter-generational enquiry had “Biblical” roots, with humans at the top.

The judge referred to how, 13 years ago, as amicus curiae in the Red Sanders conservation case, he had urged the Supreme Court to consider the “intrinsic worth” of an endangered species rather than its “instrumental value to human beings”.

Picking up from his argument over a decade ago as an amicus curiae, Justice Narasimha criticised principles such as inter-generational equity, which “presupposes the higher needs of human beings and lays down that exploitation of natural resources must be equitably distributed between the present and future generation”.

Justice Narasimha said the court, in its February 2012 judgment in the Red Sanders case, had accepted his submissions for the need to take an eco-centric approach in biodiversity law.

“There are so many species on our planet which subsist for their own purpose; they have their own roles and they bring balance,” Justice Narasimha echoed the thoughts of his amicus curiae days when he had pointed out to the apex court in the Red Sanders case that “our Constitution recognises an eco-centric approach by obliging every citizen to have compassion for all living creatures”.