Protection against climate change fundamental right of citizens: SC

ISLAMABAD: The effect of climate change on cities affects their residents and their core fundamental rights to life, dignity, and property guaranteed under articles, 9, 14, 18, and 23 of the Constitution.

“In urban living, climate change can impair the quality of life of a person, offend his dignity and deprive him of his property or the right to fully enjoy his property,” said a two-judge verdict of the Supreme Court.

The verdict came against the decision of the Board of Directors of the Capital Development Authority (CDA) dated 13 February 1995 to commercialize the residential properties of the petitioners situated in front of the Industrial and Trading Centre, Sector G-9/4, Islamabad. The apex court turned down the appeals, which were dismissed by the trial courts and the Islamabad High Court (IHC).

The Supreme Court’s judgment, authored by Justice Syed Mansoor Ali Shah, said that incorporating adaptation, climate resilience, and sustainability, in the policy decisions by the urban development authorities, are essential to actualise the fundamental rights of the people and therefore, form an integral part of the fundamental human rights of the people of Pakistan. “In the face of the grave existential threat of climate change, adaptation, climate resilience and sustainability assume the role of a constitutional necessity and of an overarching constitutional obligation.”

“Our urban development authorities need to ensure that their urban development plans consider and support adaptation, climate resiliency and sustainability. Before putting up a proposal for amendment or modification in the master plan or a scheme or before proposing a new development plan or scheme, the urban development authorities need to seriously consider the climate change angle,” the judgment said.

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It further said that any conversion of residential neighbourhoods to commercial zones is likely to lead to adverse environmental consequences on account of increased human and vehicular traffic and activity, and should not be permitted without proper investigation, forethought and remedial measures to control the soaring thermal environment. It is high time that our urban planners prioritise the climate factor in their development approaches to address the triple planetary crises of climate change, air pollution, and loss of biodiversity.

“Our national response to climate change, inter alia, is to continuously evolve innovative and smart “adaptation” strategies. Our adaptation climate change strategy requires that Pakistan and its public institutions make climate-resilient policies and rest its decisions on sustainability.”

“Our infrastructures must be strong enough to withstand climate change, e.g., heavy rains, floods, earthquakes and other extreme weather. Shutting eyes to the ominous signs of climate change will plunge us into a world that may not be able to sustain fundamental human values.”

It (the climate change) could affect our basic physical and larger social needs including harnessing and consuming energy, water and food, as well as, habitation, travelling and communication potentialities. It is doubtful that our early town planners were driven by climate considerations. However, the climate must, in the wake of climate change, form a basic determinant of urban planning and design.

Climate-resilient development in cities of all sizes is crucial for improving the well-being of the people and increasing the life opportunities of future generations. Any change in the “master plan” to an urban scheme without taking account of the climate factor would be detrimental.

Copyright Business Recorder, 2022