Analysis of Environmental Rights as Fundamental Rights in Pakistan

Abstract

This study analyses environmental right as human right in Pakistan with reference to legal provision and social reality in the country with special emphasis on enforcement of laws and its effectiveness in environmental conservation. The 26 Amendment deposited Article 9A which seeks to protect and entitle the people to an ecological sustainable environment. The work evaluates these rights deviation, especially after the amendment and check the experience of Pakistan with the Indian and South African model. The major issues are in the facets of weak enforcement; inadequate regulation; constraints placed on the judiciary; and low levels of public sensitization. Nevertheless, civil society, media and advocacy groups have been reported to play the accountability and awareness creation role as depicted in this study. Each case study of environmental litigation of the research considers the socio-legal effects on public health, livelihoods, and their corresponding economic development. They called for the improvement of the legal environment in the sphere, the development of legal regulation, establishing special environmental courts, as well as participation of the public. Therefore, the study calls for an effective realization of environmental rights as a way of implementing sustainable and coherent reforms. To create a better understanding of environmental law in Pakistan, this research assesses the merits and demerits of Pakistani legal system. It is intended to inform policy makers, implementers and civil society in dealing with the challenges and harnessing the opportunities that are available to promote the protection of the environment and sustainable development.