Lahore High Court Hearing on Hazardous Air Quality in Lahore

In a groundbreaking case, the Lahore High Court has admitted a petition filed by a three-year-old child, Amal Sukhera, seeking action against the Punjab government over severe air pollution in Lahore. The petition, filed under the fundamental right to a clean and healthy environment, argues that the government has failed to enforce laws aimed at controlling air pollution, particularly from vehicular emissions.

Presented by Senator Barrister Syed Ali Zafar, the petition emphasizes the child’s right to a clean environment, a concept recently enshrined in Pakistan’s Constitution under Article 9A. The petitioner argues that the pollution crisis in Lahore, one of the world’s most polluted cities, is depriving future generations of their environmental rights.

The case highlights the government’s lack of action despite the Punjab Environmental Protection Act, 1997, which mandates pollution control measures. According to the petitioners, air pollution is severely affecting public health, particularly through vehicle emissions, which account for up to 83% of the pollution in Lahore. The petition seeks a directive to the government to take immediate steps to enforce existing environmental regulations, particularly those requiring the installation of pollution control devices on vehicles and regular inspections to limit emissions.

The petition was heard by Justice Jawad Hassan who considered the issue of child justice, invoking the “Doctrine of Intergenerational Responsibility,” drawing parallels to a similar case in the Philippines, where children successfully sought legal remedies to protect the environment for future generations.

The case is poised to set a significant precedent in the protection of environmental rights in Pakistan, especially in the context of intergenerational justice. The court has issued notices to key government officials, including the Secretary of the Environmental Protection Department, to explain the measures taken to control air pollution in Lahore. The next hearing is scheduled for November 12, 2024.

This case marks an important step in strengthening environmental protections and upholding the rights of children and future generations to a sustainable and clean environment.

The order can be downloaded from the Lahore High Court website by clicking here.