Asghar Leghari vs. Federation of Pakistan explained

Asghar Leghari vs. Federation of Pakistan
Court:Lahore High Court
Decidedate:September 4, 2015

Asghar Leghari vs. Federation of Pakistan was a 2015 Lahore High Court case that ruled that the government was violating the National Climate Change Policy of 2012 and the Framework for Implementation of Climate Change Policy (2014-2030) by failing to meet goals set by the policies. In response, a Climate Change Commission was required to be formed in order to help Pakistan meet its climate goals.[1]

Background

A law student in the Punjab region of Pakistan, Asghar Leghari had his and his neighbors' crops threatened by water scarcity and storms that were intensified by climate change. He filed a petition saying that his fundamental rights were violated through the neglection of climate change policy.

He wrote that the government had shown "inaction, delay and lack of seriousness" in the face of the challenges posed by climate change. Leghari thought that this inaction threatened the food, water and energy security of the nation.[2]

Previously climate change policy was left up to individual provinces. However a study by Lahore University of Management Sciences and the WWF found that no provinces had a policy in place.[3]

Decision

It was ruled that the government needed to enforce the 2012 policy. Judge Syed Mansoor Ali Shah from the High Court said that climate change “appears the most serious threat faced by Pakistan”. The judge required every department to nominate a person to ensure that the policies were implemented and to create a list of "action points" by December 31, 2015.[4] [5]

The decision also created a Climate Change Commission, made up of NGOs, technical experts and representatives of ministries in order to keep track of the government's progress.

Notes and References

  1. News: Gill. Anam. 2015-11-13. Farmer sues Pakistan's government to demand action on climate change. en. Reuters. 2021-04-21.
  2. Estrin. David. 2016. THE DEVELOPING ROLE OF DOMESTIC COURTS IN STATE CLIMATE RESPONSIBILITIES. Limiting Dangerous Climate Change: The Critical Role of Citizen Suits and Domestic Courts — Despite the Paris Agreement. 14–16.
  3. Web site: Alam. Ahmad Rafay. 2015-09-25. Pakistan court orders government to enforce climate law. 2021-04-21. DAWN.COM. en.
  4. Web site: Sterman. David. Pakistani Court Orders Climate Law Enforcement; US Reviews Afghan Withdrawal Plans; Modi Dines With Fortune 500 CEOs. 2021-04-21. Foreign Policy. en-US.
  5. Web site: Leghari v. Federation of Pakistan. 2021-04-21. Climate Change Litigation. en-US. 2021-04-30. https://web.archive.org/web/20210430035531/http://climatecasechart.com/climate-change-litigation/non-us-case/ashgar-leghari-v-federation-of-pakistan/. dead.