Courting The Climate Crisis in Pakistan

The global community has witnessed a surge in climate change litigation since 2015, underscoring the pivotal role that robust judiciaries play in advancing climate action. In Pakistan, cognizant of the insufficient resolution of critical environmental issues, the judiciary has proactively collaborated with the government to safeguard the well-being and safety of citizens. Commencing as a public interest litigation via a writ petition filed in 2018 under the auspices of Article 184(3) of the Constitution, this initiative has resulted in the establishment of various judicial commissions, making substantive strides in promoting environmental justice.

In regions beyond affluent nations, the judiciary’s involvement in climate litigation is often constrained by significant impediments in resources, capacity, and political dynamics at play. Nonetheless, strides have been made, and Pakistan finds itself in company with other regional counterparts advancing similar judicial activism. India, for instance, has been actively engaged since the 1980s, with the judiciary effectively intervening in cases concerning inadequate drainage systems, hazardous gas leaks in Madhya Pradesh, extractive mining issues in Uttar Pradesh, as well as water pollution in the Ganga River, among others. In Bangladesh, although environmental courts have been instituted, further endeavors are necessary to ensure their proactive efficacy and alignment with their intended objectives.

Pakistan faces several environmental challenges including air pollution, water pollution, and water scarcity. According to Global Climate Risk Index Report 2021, Pakistan ranks eighth out of ten countries worldwide that have been identified and declared hotspots for the adverse consequences of climate change, and second-to-worst in South Asia, narrowly behind Bangladesh. Climate change will only intensify these challenges, highlighting the need for urgent action to protect the environment and its impacts on human wellbeing. Reports from the United Nations Development Programme (UNDP) and the Pakistan Council of Research in Water Resources (PCRWR) indicate that Pakistan could face absolute water scarcity by 2025 and become one of the most water stressed countries by 2040. In Punjab, 90% of the population relies on groundwater to meet daily needs.

Intensive use over the course of decades, the region has faced the dual challenges of resource depletion and heightened geological risks, alongside the degradation of water quality. The construction of the Indian Madhopur and Thien Dams in 2002 has compromised the primary source of groundwater replenishment for the area, namely the River Ravi. Regarding water conservation, various sources of wastage and pollution have been identified, along with proposed and implemented strategies to address them. As a result, there has been successful conservation of 23.85 million gallons of water per day, effectively halting the further depletion of the water table levels in Lahore. According to government data, between 2018 and 2022, the water table experienced a negligible decline of only 0.15 meters.

Air pollution and smog have evolved into dire environmental predicaments for Pakistan, catapulting Lahore to the ignominious status of the world’s most contaminated city, as per the myriad environmental organizations across the globe. While the deleterious impacts of air pollution on public health and human capital remain well-documented, the repercussions on economic activity are yet unfolding, shrouded in an ominous veil of uncertainty. 

A study conducted by the International Growth Centre (IGC) illuminates a harrowing reality – during days tainted by elevated pollution levels, human productivity stands at the precipice, poised to plunge by an alarming average of 6%. Pakistan finds itself ensnared among nations ruthlessly exposed to the pernicious clutches of PM2.5, a malevolent air pollutant of unprecedented potency. The PM2.5 concentration in Lahore transcends the WHO’s prescribed threshold by an egregious threefold magnitude. This dire situation does not merely stem from inimical industrial and technological practices; it is further aggravated by the venomous cocktail of governmental inertia and policies so woefully ineffectual that they appear as tragicomic epitaphs to environmental stewardship.

The degradation of the environment represents a fundamental violation of human rights, impacting not only the health and well-being of individuals but also exerting far-reaching effects on agriculture, the economy, energy, transportation, displacement, and migration. Environmental safeguarding aligns closely with numerous UN Sustainable Development Goals (SDGs) to which Pakistan has pledged its commitment. While the Pakistani constitution does not explicitly enumerate a fundamental entitlement to a clean and sustainable environment, certain elements of environmental rights have been inferred and integrated within existing fundamental liberties. Specifically, the rights to an unpolluted and flourishing environment, access to potable water, and a climate conducive to human sustenance have been extrapolated from the fundamental right to life (Article 9) and the right to dignity (Article 14). Judicial interpretations of these constitutional provisions have acknowledged that a pristine and healthful environment is indispensable for the preservation and enhancement of life itself, recognizing that the right to life encompasses not only freedom from physical harm but also the entitlement to a dignified and flourishing existence.

In the landmark case of Shehla Zia versus WAPDA (Federation of Pakistan (PLD) 1994 Supreme Court 693), the Supreme Court grappled with the profound inquiry of whether an individual’s dignity could remain intact when their right to life is stripped of its essential requisites. These requisites encompass not only the rudimentary elements of existence but also encompass adequate provisions for sustenance, attire, habitation, education, healthcare, a pristine atmosphere, and an unblemished environment. The court expounded, “The term ‘life’ within the constitutional framework is not to be confined within narrow confines. It is incumbent upon us to ascribe a comprehensive significance, affording an individual not merely the means to subsist, but to luxuriate in the fullness of existence.”

The Khewra Mines case (1994 SCMR 2061) delved into the critical discourse surrounding water access and pollution, emphasizing the paramount significance of this matter concerning the right to life. Within this legal context, the Supreme Court explicitly recognized that in situations where access to water is scant, arduous, or curtailed, the entitlement to pristine and uncontaminated water becomes intricately interwoven with the very essence of the right to life itself.

In the case of Imrana Tiwana vs Province of Punjab (PLD 2015 Lahore 522), the Lahore High Court (LHC) expounded upon the concept of safeguarding the environment as an “inalienable right,” positing its potential primacy over other constitutional rights. The LHC elaborated on the notion that environmental justice embodies a synthesis of constitutional principles, including democracy, equality, socio-economic and political equity, all enshrined within the framework of the Objectives Resolution. Moreover, it underscored the intricate intertwining of fundamental rights to life, liberty, and human dignity with the imperative of environmental preservation.

In the face of Pakistan’s marginal contribution to global warming, it confronts an exaggerated vulnerability to the repercussions of climate change. Within the set legal precedent of the Asghar Leghari v Federation of Pakistan (2018 CLD 424), the Supreme Court discerned the exigency for immediate deployment of adaptation measures to counteract the disruptive patterns induced by climate change. This discernment accentuates the pivotal role of the judiciary in championing climate consciousness to effectuate principles of social and environmental justice.

The Supreme Court censured the government’s lethargy in executing the Framework for Implementation of Climate Change Policy (2014-2030), underscoring that this omission encroaches upon the fundamental rights of citizens that demand safeguarding. In the more recent case of D.G. Khan Cement Company Ltd versus the Government of Punjab (2021 SCMR 834), the Supreme Court explicitly prohibited the establishment and expansion of cement plants in environmentally fragile zones. This prohibition accentuates the critical importance of integrating climate change considerations into governmental decisions and policies, particularly concerning crucial matters such as water management in Pakistan.

In Raja Zahoor Ahmed versus Capital Development Authority, encompassing legal actions against the government, the Supreme Court issued a directive underscoring the imperative of integrating climate change factors into urban planning procedures. The Court acknowledged that the repercussions of climate change on urban areas directly impinge upon the fundamental rights of residents, encompassing the rights to life, dignity, and property.

The escalating frequency of petitions brought before the Supreme Court concerning climate-induced injuries and environmental issues, in conjunction with the resultant adjudications by the Court, attests to the judiciary’s dynamic involvement. It underscores a dedicated commitment to upholding adaptive measures, cultivating heightened public awareness, and shaping policies of relevance. Furthermore, in the context of climate change litigation, adjudicators find themselves compelled to fashion remedies within the constitutional domain, aiming to elicit a more expeditious and efficacious response from the government.

Elevated vigilance beckons to extend its embrace beyond Lahore, weaving threads of influence into the tapestry of other cities across Pakistan. Confronted by the vast magnitude of the environmental spectre looming over both the citizens and the nation’s economic aspirations, the triumphs of this burgeoning alliance, where government, judiciary, and academia converge, demand an anthem of acclaim, resonating with fervent promotion. However, the symphony of institutional endeavours and scholarly pursuits must harmonize with the individual cadence of behaviours and actions. Henceforth, let the tome of enlightenment guide us in becoming conscientious stewards of our shared country and planet. 

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