At the very outset, it is evident that Climate Justice is a thread connecting human rights and development to achieve a human-centered approach, safeguarding the rights of the most vulnerable people and sharing the burdens and benefits of climate change and its impacts equitably and fairly.
Climate Justice is informed by science, responds to science, and acknowledges the need for equitable stewardship of the world’s resources.
In the modern-day world, Climate change is the utmost threat to the human rights of our generation, posing a serious risk to the fundamental rights to life, health, food, and an adequate standard of living of individuals and communities across the world. For young people, Climate change is bigger than election or re-election. It’s life or death.
According to the Global Climate Risk Index, Pakistan is currently the fifth most climate-vulnerable country in the world. However, despite Pakistan being on the verge of a Climate disaster, the High Court and the Supreme of Pakistan have greatly contributed to this dilemma, and in total, there are more than 10 reported judgments to this effect. It is unequivocal that the judiciary has been playing an active part in taking this country out of such a crisis, but it is also the responsibility of the country as a whole to actively take part and come up with new ideas in order to prevent this crisis.
In terms of the judiciary’s efforts, one of the judges of the Supreme Court, Mr. Justice Syed Mansoor Ali Shah’s efforts made one of the most significant contributions towards Climate Justice, and the same can be seen in various Judgments. In the Judgment reported as PLD 2018 Lahore 364 (Asghar Leghari versus Federation of Pakistan), Mr. Justice Syed Mansoor Ali Shah appointed a Commission to submit a report and then constituted a standing committee, creating an ongoing link between the Court and the Executive. Furthermore, in another Judgment reported as 2022 SCMR 1411 (Raja Zahoor Ahmed versus Capital Development Authority) the Honourable Court went on to note that Climate change can impact a number of fundamental constitutional rights, including the fundamental rights to life, dignity, and property guaranteed under Article 9, 14, 18 and 23 of the Constitution of Islamic Republic of Pakistan, 1973.
In another recent Judgment of the Supreme Court of a divisional bench of Mr. Syed Justice Syed Mansoor Ali Shah and Justice Ayesha A. Malik, JJ reported as 2023 SCMR 459 (Province of Sindh versus Sartaj Haider), it was observed that Climate change is undoubtedly the most serious existential threat faced by Pakistan and the major cause of the recent floods. Therefore, any post-flood strategy must first and foremost propose a national strategy to deal with climate change today and tomorrow. Furthermore, it was also emphasized that the existing policies or mechanisms catering to food insecurity are mobilized as soon as possible, and if no such policies or mechanisms exist, then the respective State functionaries should take urgent action to formulate such policies and create such mechanisms to prevent further exacerbation of the losses and damage already suffered due to the floods and for sustainable rehabilitation.
In light of the aforementioned Judgments, indeed, the Superior Courts are trying their best in terms of Climate justice. Even now the new Constitutional Amendment in place has also brought a significant amendment in terms of the insertion of Article 9A, which offers a clean and healthy environment for every citizen of Pakistan. I believe the judiciary is doing its best to combat Climate injustice.
Knowing the fact that globally, climate is changing due to anthropogenic forcing, I believe the most important aspect that is necessary to achieve Climate Justice is that the Government needs to fulfill its legal obligations seriously in implementing policies such as the National Climate Policy, 2012, as the same was also directed by Mr. Justice Jawad Hassan in the reported Judgment PLD 2019 Lahore 664 (Sheikh Asim Farooq versus Federation of Pakistan). Furthermore, I also believe that international forums, for example, the International Court of Justice (ICJ), should be availed when it comes to environmental disputes. In addition to this, we should look up to countries such as Denmark – ranked number 1 in the Climate Change Performance Index by simply reducing global greenhouse gas emissions, shifting financial flows and investments from black to green, and also collaborating with the private sector on green solutions. If the Government of Pakistan implements the policies regarding Climate change effectively and also introduces a sustainable and healthier strategy, surely this crisis can be resolved.
I would conclude my article with a quote – ‘the world is reaching the tipping point beyond which climate change may become irreversible’. Therefore, it is a Do or Die situation!