livelawpk.com - The Clean and Healthy Environment Constitutional Right, SCP

The Clean and Healthy Environment is a Constitutional Right under Article 9 and 14 of the Constitution of Pakistan, 1973 --- Supreme Court of Pakistan

4 months, 2 weeks
193

The Clean and Healthy Environment is a Constitutional Right under Article 9 and 14 of the Constitution of Pakistan, 1973 --- Supreme Court of Pakistan

Islamabad 05-08-2024: In a landmark judgment, the Supreme Court of Pakistan has ordered the immediate shutdown and sealing of stone crushing plants in Khyber Pakhtunkhwa that fail to comply with the National Environmental Quality Standards (NEQS). The judgment, delivered by a bench comprising Mr. Justice Syed Mansoor Ali Shah, Mr. Justice Muhammad Ali Mazhar, and Mr. Justice Shahid Bilal Hassan, addresses the severe environmental and health impacts caused by these plants.

The case was initiated through Constitution Petitions No. 4 and 14 of 2021, filed under Article 184(3) of the Constitution. The petitioners challenged Rule 2(c) and Schedule-IV of the Khyber Pakhtunkhwa Power Crushers (Installation, Operation, and Regulations) Rules, 2020, claiming they were ultra vires Sections 7 and 19 of the Khyber Pakhtunkhwa Power Crushers Act, 2020. The petitioners argued that these rules violated fundamental rights enshrined in Articles 9, 23, 24, and 25 of the Constitution.

The core issue highlighted was the severe air pollution caused by the unlawful operations of stone power crushers in Suraj Galli, Tehsil Khanpur, District Haripur. Reports by Hagler Baily Pakistan (HBP) revealed alarmingly high concentrations of particulate matter (PM) due to mining and crushing activities, posing significant health risks including respiratory and cardiac diseases.

To address the issue, the Court formed a Power Crushers Commission under Dr. Pervez Hassan. The Commission's reports indicated widespread non-compliance with NEQS and recommended the closure of non-compliant plants. The findings were un-rebutted by the respondents, who failed to provide evidence of compliance.

The Court emphasized the judicial interpretation of Article 9 (Right to Life) to include the right to a clean and healthy environment, reinforcing this right as integral to human dignity under Article 14. The judgment also discussed "environmental constitutionalism," integrating international environmental principles into Pakistan's constitutional framework.

The Court linked environmental protection to Islamic principles, stressing stewardship (Khalifa), Balance (Meezan), Justice (A’dal), and avoiding Waste (Israaf). This approach underscored the ethical and religious dimensions of environmental responsibility.

The Court directed the Federal and Provincial Governments to update the NEQS within three months to reflect current environmental challenges. It also mandated the Provincial EPA to inspect all stone crushing plants in Khyber Pakhtunkhwa for NEQS compliance and take action against non-compliant plants.

In a decisive move, the Court ordered the Environmental Protection Agency, KPK, to shut down and seal the operations of non-compliant stone crushing plants immediately. The plants may reopen only after demonstrating compliance with NEQS through a Court-verified technical assessment. The local police were instructed to assist in enforcing this order, and a compliance report is to be submitted to the Court within a week.