k|ltlaDa
Nature reflects our nature
Miles to go for achieving a green democracy
As Nepal goes fully federal, the instrumentalities
of the state should not shy away from investing
in protection and promotion of environment citing
lack of institutional capacity. The people in the
Republic could sense the burn of environmental
pollution: losses in agro-based industries and in-
comes; hunger and malnutrition and the associ-
ated pressure on the national life.
In a bid to slam the pollution, the Constitution of
Nepal hosts a plethora of provisions for advanc-
ing the cause of environmentalism. The charter
explicitly and authoritatively declares that the
right to clean environment is a fundamental right.
Article 30 envisages that every citizen would
have an inherent right to live in a healthy and
clean environment.
In a major breakthrough, the Constitution en-
sures that the victim of environment pollution
‘shall have right to’ seek compensation from
polluters [Article 30(2)]. In doing so, the Consti-
tution succeeds to acknowledge the celebrated
concept of “polluter pays principle.” The new-
ly enacted Country Criminal (Code) Act, 2018
could be invoked for punishing the polluters. To
mention a provision: Section 111 prescribes pun-
ishment for persons causing water pollution. It
provisions that the polluter would be punished
for an imprisonment of a term which may extend
up to three years or fine of NPR 30,000 or both.
The federal units have been conferred with the
power to enact laws at their competence for the
protection and promotion of green democracy. In
this context, the Central government under en-
try 27 of Schedule-V; State governments under
entry 19 of Schedule-VI; and both governments
under entries 12, 18 & 23 of Schedule-VII have
mandates to act on national ecology and; of
course, on sanitation, clean and healthy water,
wildlife conservation or forestation. Neverthe-
less, there are ways that they could partner with
private citizens as well as NGOs for realizing the
goals of environmental democracy.
Nations on November 10, 1980 emphasized
on the purity of drinking water in “International
Drinking Water Supply and Sanitation Decade”
and made an obligation on the signatories to pro-
vide clean drinking water to their citizens as ac-
cess to drinking water has been globally termed
as fundamental rights. The UN Conference
held at Stockholm felt the need for a common
outlook and principles to inspire and guide the
world in preservation and enhancement of the
human environment which will in/directly lead to
the economic development of the world. Reaf-
firming the objectives of this declaration, the Rio
Declaration on Environment and Development,
1992 was held with a view to establish a new
and equitable global partnership to combat with
environmental pollution.
The Convention on Biological Diversity, 1992 is
chiefly concerned with the intrinsic value of bio-
logical diversity. Convention reaffirmed that the
states have sovereign rights over their own bio-
logical diversity and it casts an obligation on the
signatory states to use their biological resources
in a sustainable manner.
The atmosphere of Kathmandu remains a deadly
affair for the people. The environmental damage
is causing public nuisance in a broad daylight.
In the case of Municipal Corporation of Ratlam v
Birdhi Chand (1981) the apex Court of India held
that the environmental damage is in the nature
of Public Nuisance. The Court observed that
the liability would be imposed on the public au-
thorities for their failure to mitigate the nuisance
caused by environmental pollution.
While celebrating the 44th World Environment
Day in 2018 with the theme of “Beat Plastic Pol-
lution”, it was high time for us to evaluate wheth-
er we succeeded in observing the international
commitments made at different stages. An add-
ed responsibility lied on India to plan a better fu-
ture environment since India had been declared
as global host by the United Nations for 2018
Environment Day celebration. It’s a crucial time
Meanwhile, at international stages, the United for the world community to reaffirm their fresh
Nature and Social Concern Society
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