The Supreme Court disposed of the case related to the protection of forests in Khyber Pakhtunkhwa, Chief Justice Qazi Faiz Isa said that the same words should be used for constitutional institutions as written in the constitution, just bear it for a day.
A 3-member bench headed by Chief Justice of Pakistan Qazi Faiz Isa heard the case against the cutting of 218 shesham trees in Khyber Pakhtunkhwa.
During the hearing, the Chief Justice referred to the 26th constitutional amendment and said that it has been written in the newspaper that a clause related to the protection of the environment has been included in the new amendment, to which the Additional Advocate General Khyber Pakhtunkhwa said that yes, the 26th constitutional amendment Article 9A of the amendment states that every citizen has the right to a healthy environment.
The Supreme Court said that it is commendable to add a provision for the protection of the environment in the constitutional amendment. Like some countries in the world, there is a mention of the protection of the environment in the constitution of Pakistan. The environment will be protected.
The Supreme Court said that it is scientifically proven that the good health of nations depends on a good environment, Islam has also highlighted the importance of a clean environment, forests, rivers and streams are affected by polluted environment, due to environmental pollution. Living in many cities is becoming difficult.
Dr. Aisha Khan: This ruling sets a precedent that could lead to stronger enforcement of environmental laws. It empowers citizens to advocate for their rights to a healthy environment and enables courts to address grievances related to environmental degradation more effectively. We may see more cases arising that challenge deforestation practices, pollution, and other environmental violations. The acknowledgment by the Supreme Court that environmental health is crucial for the well-being of society is vital for future litigation and policy-making.
Interviewer: The Chief Justice also referred to the interrelation between environmental health and the teachings of Islam. What role does cultural context play in legal rulings like this?
Dr. Aisha Khan: Cultural context is extremely important. When legal systems incorporate local values and beliefs—like the Islamic emphasis on stewardship of the earth—it fosters a stronger connection between the populace and environmental laws. It encourages communities to embrace environmental protection not just as legal obligation but as a moral and cultural imperative. This culturally relevant approach may lead to better compliance and a communal sense of responsibility towards nature.
Interviewer: what message do you think this ruling sends to the Khyber Pakhtunkhwa government and similar provincial administrations in Pakistan?
Dr. Aisha Khan: The message is clear: the government must prioritize environmental conservation and demonstrate accountability. The Supreme Court’s insistence on adhering to constitutional language underscores the expectation for governments to respect and uphold citizens’ rights to a healthy environment. Similar administrations should take note that neglecting such obligations could lead to legal challenges and public backlash. Ultimately, this ruling encourages proactive policies that protect our natural resources rather than reactive measures in response to legal scrutiny.
Interviewer: Thank you, Dr. Khan, for your insights on this important issue.
Dr. Aisha Khan: Thank you for having me.
