DispatchesNoor Ul Huda is a JURIST staff correspondent in Pakistan and a recent graduate of Punjab University Law College. She files this dispatch from Lahore.
Lahore, Pakistan’s second-largest city with a population exceeding 13 million and the city where I live, is currently facing a recurring smog crisis — a situation aggravated by factors like the burning of agricultural waste, industrial emissions, and adverse weather conditions. The air quality index has repeatedly soared past the 1,000 mark in November, where values between 0 to 150 on the Air Quality Index (AQI) indicate moderate conditions, while levels above 300 are deemed hazardous. According to the Environment Protection and Climate Change Department of the Government of Punjab, Lahore’s average air quality index stands at 607, with various areas exceeding 500, rendering the air extremely unhealthy.
To tackle this pressing environmental challenge, the Punjab provincial government has launched several initiatives, such as the Green Punjab App and the Climate Leadership Development Internship Program, Smog Helpline 1373, E-mapping of industries, an anti-smog squad, and the use of electric buses. Additionally, the Lahore High Court has taken proactive measures by imposing restrictions on market hours and curtailing public gatherings to protect citizens’ health during severe smog episodes. During a recent hearing on several petitions about groundwater protection, environmental safety, and smog control, Honorable Justice Shahid Karim of the Lahore High Court, Lahore bench, stated that between 70 and 80 percent of the city’s air pollution is brought on by transportation because of the use of smuggled low-grade fuel. He proposed that substantial progress could be achieved by reducing vehicle emissions. Additionally, Justice Karim emphasized the 10-year policy requirement to combat smog. He also suggested using Dolphin Police Units to keep an eye on and manage smoky vehicles. Justice Shahid was deeply concerned about the non-implementation of the ban on construction work for two months. The Government of Punjab was represented by Advocate General for Punjab (AGP) Khalid Ishaq and Provincial Secretary of Transport Department Ahmed Javed Qazi. The Advocate General ensured the court that a policy to combat smog had been devised and a budget had also been allocated.
Pakistan’s judiciary has long played a pivotal role in safeguarding environmental rights through interpretations of existing constitutional provisions. Landmark cases such as Shehla Zia v. WAPDA (PLD 1994 SC 693) and Asghar Leghari v. the Government of Pakistan (2018 CLD 424) set significant precedents for environmental justice in the country. These rulings established that the right to life includes the right to a healthy environment, placing a duty on the state to shield its citizens from environmental hazards. In the case of Salt Miners v. Director, Industries and Mineral Development (1994 SCMR 2061), the court reiterated that having access to clean water is integral to the right to life itself.
The alarming rise in smog levels highlights the pressing need for more effective environmental protection strategies. While the Constitution’s new 26th Amendment has been a focal point of recent discussion because of the changes it has made to Pakistan’s judicial appointment process, new constitutional Article 9A, approved as part of October’s package of amendments, signifies the start of environmental constitutionalism in Pakistan. It is glad tidings for the legal community, environmental activists, and the weaker segments of society that frequently suffer from ecological disasters. Article 9A was presented by the Federal Minister of Pakistan for Law and Justice, Mr. Azam Nazeer Tarar. Although Article 9 already established the foundation for the right to a safe and clean environment, it simply read as follows:
“No person shall be deprived of life or liberty, save in accordance with the law”
According to Article 9A, which establishes unambiguous constitutional grounds for judicial enforcement, the fundamental right is affirmed and acknowledged exclusively in the following words:
“Every person shall be entitled to a clean, healthy, and sustainable environment.”
By affirming the fundamental right to a clean and healthy environment, Article 9A empowers citizens to demand accountability from the government regarding environmental degradation. It is critical to carefully apply Article 9A’s provisions as the country deals with the effects of climate change. This will require a commitment to strong political will, effective enforcement, and sustainable development practices. By putting environmental preservation first and supporting eco-friendly projects, Pakistan can strive toward a time when its people will breathe clean air and live in a healthier setting. Thus, the enforcement of the provinces’ and federation’s legal framework is also expected to be strengthened by Article 9A since forests and wildlife laws directly affect air and water, which are elements that affect the right to a clean, safe, and sustainable environment.
To put it briefly, the insertion of Article 9A into the 1973 Pakistani Constitution is a welcome change that ensures the country’s citizens live in a clean and healthy environment.
